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, TUESDAY, MARCH 31, 1998 No. 39 House of Representatives The House met at 9:30 a.m. and was we are being asked to cough up another This observation was echoed in the called to order by the Speaker pro tem- $18 billion without a full debate on the Wall Street Journal article recently. pore (Mr. SNOWBARGER). House floor about the merits of such a ‘‘Asian nations are facing financial dif- f proposal. ficulties not because outside forces In a recent Wall Street Journal arti- have imposed bad economic policies on DESIGNATION OF SPEAKER PRO cle, three outstanding experts on inter- them, but because they have imposed TEMPORE national finance gave their views on these policies on themselves.’’ The SPEAKER pro tempore laid be- the International Monetary Fund. According to Shultz, Simon and fore the House the following commu- George Shultz, President Reagan’s Sec- Wriston, ‘‘the Mexican people suffered nication from the Speaker: retary of State; William Simon, Presi- a massive decline in their standard of dents Nixon and Ford’s Secretary of living as a result of their crisis. As is WASHINGTON, DC, Treasury; and Walter Wriston, former March 31, 1998. typical when the IMF intervenes, the I hereby designate the Honorable VINCE Chairman of Citicorp and Citibank. governments and the lenders are res- SNOWBARGER to act as speaker pro tempore They asked the question, who needs cued, but not the people.’’ on this day. the IMF? They point out that Presi- They conclude the following. ‘‘The NEWT GINGRICH, dent Clinton and the IMF have shifted IMF is ineffective, unnecessary and ob- Speaker of the House of Representatives. into overdrive in their efforts to save solete. We do not need another IMF. f the economies of Indonesia, the Phil- Once the Asian crisis is over, we should ippines, South Korea and Thailand, or MORNING HOUR DEBATES abolish the one we have.’’ to be more accurate, to save the pock- Now the President is asking us to in- The SPEAKER pro tempore. Pursu- etbooks of international investors who crease our quota to the IMF without a ant to the order of the House of Janu- can face a tide of defaults if these mar- constructive debate on the merits of ary 21, 1997, the Chair will now recog- kets are not now shored up. this proposal. In fact, there is clear evi- I welcome the support of these distin- nize Members from lists submitted by dence that the IMF has sufficient cap- guished experts on this subject. The the majority and minority leaders for ital to withstand any immediate finan- morning hour debates. The Chair will way I see it, the IMF places American taxpayers in the position of guarantee- cial distress anywhere in the world. alternate recognition between the par- The IMF right now has close to $50 bil- ties, with each party limited to 30 min- ing a return on investment to those who engage in these risky schemes. lion in reserves and access to another utes, and each Member, except the ma- $25 billion through their general ar- jority leader, the minority leader, or The likelihood of an IMF bailout re- moves the incentive for nations to not rangements to borrow. the minority whip, limited to 5 min- engage in bad economic policies or pur- In addition, the IMF will receive utes. sue unsound financial practices. nearly $28 billion in loan repayments The Chair recognizes the gentleman As these distinguished gentlemen from other borrowing nations by the from Florida (Mr. STEARNS) for 5 min- note in this article, the IMF can lull end of the year 2000. utes. nations into complacency by acting as If we add the more than $100 billion f the self-appointed lender of last resort, being borrowed and repaid by Thailand, a function never contemplated by our Indonesia, and South Korea, the IMF FURTHER DEBATE IS NEEDED ON will basically have $200 billion in its THE IMF Founding Fathers. The world has changed a great deal since the IMF was coffers, the same amount it had before Mr. STEARNS. Mr. Speaker, I rise founded in 1944 to assist in global trade the Asian crisis began. today to discuss attempted misappro- by supporting currency convertibility Mr. Speaker, today I ask my col- priation of American taxpayers’ money and providing needed financing to de- leagues, what is the rush of throwing for the International Monetary Fund. fend exchange rates. more American taxpayer money at the I applaud the efforts by our Speaker The financial crisis in Asia results IMF, when there is substantial capital to create a second supplemental appro- from decades of direct government reg- already in place? It is for one reason priations bill to handle this. This will ulation, the absence of foreign com- only. The proponents of the IMF do not give the House the ability to have a petition, and closed financial systems. want to just replenish the IMF fund; straight up or down vote on increasing By relying on heavy-handed bureauc- they want to expand the breadth and our financial commitment to the IMF. racies managing every aspect of their scope of the IMF itself so that the IMF The U.S. now presently provides economies, these nations are destroy- will play an even more dominating role about 18 percent of the IMF funds, and ing themselves financially. in global finances.

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.

H1779 H1780 CONGRESSIONAL RECORD — HOUSE March 31, 1998 It is our responsibility in Congress to released a new report stating that the The fact that the ICM sample drawn prevent this latest abuse of taxpayers’ risk of a failed Census had increased by the Bureau mistakenly included money and to defeat the proposal to in- since their last report in July. Census commercial addresses which would crease the U.S. share of IMF money by 2000 was already in their high-risk cat- have thrown it completely off; again, $18 billion. egory, and now things have gotten no congressional fault. f worse. We are just 2 years away from The vague and incomplete guidance Census day, and the risks are increas- provided by the Bureau to local govern- SUPPLEMENTAL APPROPRIATIONS ing. ments that, according to GAO, hin- BILL Why are we headed towards a failed dered efforts to establish complete The SPEAKER pro tempore. Under Census? For one very simple reason: count committees; no congressional the Speaker’s announced policy of Jan- The Clinton Administration has unilat- fault. uary 21, 1997, the gentlewoman from erally designed the largest statistical The Commerce Inspector General’s California (Ms. ROYBAL-ALLARD) is rec- experiment in U.S. history. And despite finding that the Bureau is not giving ognized during morning hour debates their sincerity, the Census Bureau just itself enough time to follow up on for 2 minutes. does not have the technical capability households that do not respond in the Ms. ROYBAL-ALLARD. Mr. Speaker, to pull it off. first 2 weeks; no congressional fault. later today the Republican leadership The plan that they and their statis- The fact that the Bureau’s plan will bring to the floor the supplemental tical experts developed is breathtaking forces nonresponsive follow-up to be appropriations bill. I regret that I must in its complexity. I have a Ph.D. in completed in just 6 weeks, instead of a oppose this bill because the offsets in- marketing and statistics, and I must more realistic time frame given that it cluded in this legislation are simply say, from an academic standpoint, it is took 13 weeks last time we did a decen- not acceptable. an interesting theory. nial Census; this is not Congress’ fault. It is unconscionable that badly need- But the Census is not a theory; it is The fact that the Bureau’s plan for ed funding to support our troops in a massive field operation, and the more the ICM assumes it can contact five Bosnia and Iraq, and disaster relief for complex you make it, the more the times as many people as it did in 1990, States like California, which have sus- chance of failure. and do it in half the time, 13 weeks ver- tained upwards of $500 million in dam- Now, some in the media who have sus 28 weeks; that is not Congress’ ages this winter, are unnecessarily sided with the administration do not fault. being pitted against important pro- want to face reality. They have in- The fact that if the response rate in grams which benefit the American peo- vested so much in this polling theory this short 13-week time frame for the ple. that they want to find some other rea- ICM falls below 98 percent, the Census son why this Nation is headed towards will become less accurate. Despite the fact that more than 80 a failed Census. So now they, with the The Commerce Inspector General re- percent of the funds in this bill are for help of my friends in the Democratic porting that experimented field man- the Department of Defense, the Repub- Party, have come up with a new rea- agers feel the ICM sampling plan is un- lican majority has not offset these son: It is Congress’ fault. realistic and they are assuming a 98 costs by making one cut in defense Of course, it is the administration’s percent response rate; this is not Con- spending. Instead, they have chosen to plan that is headed towards failure. gress’ fault. play partisan political games by mak- The majority in Congress has been The incompatibility of the Census ing cuts in programs they know the ad- warning for almost 3 years now that Bureau’s plan to start the ICM before ministration and Democrats cannot the administration’s plan cannot work, nonresponsive follow-up is complete support. but that does not matter. The defend- with the findings of the Inspector Gen- For example, Republicans have cho- ers of polling theory have to blame eral that ‘‘the integrity of the ICM sen to make cuts in education, the someone, so it is Congress. hinges on the assumption that it is AmeriCorps Service Program, which Now, I am fair-minded, so at the first fully independent of nonresponsive fol- gives disadvantaged youth a chance, hearing last week of the new Census low-up;’’ again, this is not Congress’ and the Section 8 Program, which pro- Subcommittee, we decided to ask the fault. vides critically needed housing for our GAO some questions. We asked if Con- The strategy of hiring moonlighters Nation’s families, the elderly and the gress was responsible for the following as Census enumerators, that the GAO disabled. problems that are leading towards a has described as questionable; this is The Republican leadership is sending failed Census. We asked the following not Congress’ fault. this bill to the floor knowing it will be questions: The high rate of duplicative or non- vetoed, and knowing that our troops We asked if the Commerce Depart- existing households on the address and our communities will be left wait- ment’s Inspector General finding that lists; that is not Congress’ fault. ing for desperately needed relief. the decennial census software is not The problem with accuracy and com- Mr. Speaker, the American people de- being developed in accordance with any pleteness of the address list and serve more. These funds should not be well-defined process; and the answer matches provided to the localities by held up by political gamesmanship. I was, Congress has nothing to do with the Census Bureau; it is not Congress’ ask my Republican colleagues to put it. fault. our troops and our communities first The Commerce Inspector General’s The lack of information and re- and to reconsider this ill-conceived finding that estimates of software de- sources provided by the Bureau to local tactic. velopment schedules and resources are communities that wish to review the f not realistically for the dress rehearsal address list; again, not Congress’ fault. or the Census; the answer was Congress The Bureau’s failure to complete and HEADING TOWARD A FAILED has nothing to do with it. present a comprehensive design review CENSUS IN 2000 The Commerce Inspector General’s in January 1998, as promised, to the In- The SPEAKER pro tempore. Under conclusion that he questions the Bu- spector General; that is not Congress’ the Speaker’s announced policy of Jan- reau’s ability to develop and imple- fault. uary 21, 1997, the gentleman from Flor- ment complete accurate software for The answer to all these questions was ida (Mr. MILLER) is recognized during the Census; no congressional fault. the same. Congress has nothing to do morning hour debates for 5 minutes. The Commerce Inspector General’s with the problems. These are specific Mr. MILLER of Florida. Mr. Speaker, reporting that the Bureau’s matching design flaws in the Clinton Administra- I rise today to once again express my and unduplication programs are so geo- tion’s unprecedented plan. deep concern that we are headed to- graphically restricted that they will If you want to save the Census, sim- wards a failed Census in 2000. Last virtually guarantee more errors; again, plify the design and go back to what week, the General Accounting Office no congressional fault. you know works. March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1781 b 0945 1998. This is the year to fully fund spe- blame the oil companies, who happen GIVE THE INDIVIDUALS WITH DIS- cial education. to be Republicans. ABILITIES EDUCATION ACT THE I urge my colleagues, Mr. Speaker, to f HIGHEST PRIORITY join me in cosponsoring this important legislation and send a message back to THE PARENTAL FREEDOM OF The SPEAKER pro tempore (Mr. our constituents that the time has INFORMATION ACT SNOWBARGER). Under the Speaker’s an- come for the Federal government to The SPEAKER pro tempore. Under nounced policy of January 21, 1997, the live up to its obligation to provide our the Speaker’s announced policy of Jan- gentleman from New Hampshire (Mr. school districts, our cities and towns, uary 21, 1997, the gentleman from Kan- BASS) is recognized during morning with the relief that we promised to pro- sas (Mr. TIAHRT) is recognized during hour debates for 5 minutes. vide them over 20 years ago in fully morning hour debates for 5 minutes. Mr. BASS. Mr. Speaker, last week I funding special education. Mr. TIAHRT. Mr. Speaker, I want to introduced House Resolution 399, to f take a few minutes this morning to work toward fully funding the Federal talk about the Parental Freedom of In- Government’s statutory obligation CURRENT HIGH OIL PRICES formation Act. under the Individuals with Disabilities CAUSED BY GREED Educators and parents agree that Education Act, IDEA. This resolution The SPEAKER pro tempore. Under students do much better when parents says, and I quote, ‘‘Resolved, that the the Speaker’s announced policy of Jan- are involved in the education. But House of Representatives urges the uary 21, 1997, the gentleman from Illi- there are many barriers to getting par- Congress and the President to give pro- nois (Mr. JACKSON) is recognized during ents involved in the education process. grams under the Individuals with Dis- morning hour debates for 5 minutes. What the Parental Freedom of Infor- abilities Education Act the highest pri- Mr. JACKSON of Illinois. Mr. Speak- mation Act does is try to remove some ority among Federal education pro- er, today I rise to call attention to a of those barriers. grams by working to fund the maxi- contradiction in market economics. Some of those barriers are something mum State grant allocation for educat- About 2 weeks ago, American consum- that are just indications of how far ing children with disabilities under ers were told that oil prices had hit a down our culture has slid. We have such Act.’’ record low, and last Tuesday the New many broken homes, and many homes For those who may not be familiar York Times reported that crude oil have both parents working. It is quite often too difficult for parents to spend with IDEA, it came about in 1975 as a prices rose 13 percent on the basis of a the time they need to be involved in result of a Supreme Court decision in pledge to cut the supply. Thirteen per- the early 1970s that essentially said their children’s education. cent was the biggest one-day rise in oil It certainly is a sacrifice of time that we have an obligation under our prices since the Persian Gulf War more when there are so many financial de- Constitution to provide education for than 7 years ago, yet there was no na- mands on parents these days because of all Americans, regardless of what level tional or international crisis that pre- the cost of housing, the cost of cloth- of educational ability one might have; cipitated the rise to 13 percent. ing, the cost of living, that they cannot a very good decision and an important There is presently an oversupply of spend the time to get involved because decision. oil on the market. One would expect they are working. Unfortunately, however, when Con- prices to be low and stay that way Mr. Speaker, other forces in society gress passed the original IDEA bill in until demand overtakes supply. But have also caused a downhill slide. Quite 1975, we enacted a statutory commit- this is not a rise in price because of a often, we have lost touch with the vir- ment to cover 40 percent of the excess reduction of the supply or increase in tues that built this great Nation, vir- costs of educating a learning-disabled demand. That just simply could not tues like faith in God, hard work, hon- student. Mr. Speaker, we have never happen in a week. This is not a re- esty, integrity. That loss of virtues is done it. The fact of the matter is that, sponse to the market. This is a reac- also reflected in our school system. since 1975, we have never funded IDEA tion to the promise, the promise, of Getting parents involved in the at any higher rate than about 7 to 71⁄2 cuts in crude oil supplies. child’s education will help build a percent. From my perspective, this is raw structure where children will be able to It is this Member’s opinion that this greed. For those Americans who are ob- rely on their parents to help improve practice has to end. There is no issue, serving this process today, there is not their education. Like I said, in edu- there is no issue, that is more impor- one product that I can imagine, that cation, teachers, superintendents and tant to school districts, to school ad- many of us can imagine, that is not im- parents all agree. ministrators, to school boards, to par- pacted by the price of crude oil, from What the Parental Freedom of Infor- ents, and perhaps most importantly, to our cars, motors, our engines, to the mation Act does is it allows parents ac- property taxpayers across this country suit that I am wearing, to the tie that cess to the information related to their than the chronic underfunding of spe- I am wearing, to our socks, to our children’s education. That includes cial education. shoes, to paper products, to all plas- medical records. It includes psycho- I introduced this resolution last tics, to paint, to chemical manufactur- logical testing. It includes test scores. week. It is currently pending in the ing, to computers. You have name it, It includes curriculum, anything in- Committee on Education and the just about every product that we volved with the curriculum. Workforce. I am hopeful we will see produce in our Nation has some oil- What we have seen in some situa- some action on it in the near future. based content. tions across America is that school I believe it is time for this Congress So today the Federal Reserve Board systems have denied parents access to to step forward and say it is time to will meet to set interest rates. If they the information, even when it includes end the mother of all unfunded man- raise interest rates because they think medical treatment or psychological dates, a mandate that costs our cities oil prices will be low and overheat the testing. and towns and municipalities over $10 economy, the economy will simply In one case in Pennsylvania, in ex- billion a year. It is time, in 1998, to slow and the oil companies will make cess of 60 young women, girls, actually, fully fund IDEA. out like bandits. in junior high were subjected to phys- If we want to improve local edu- With the mere promise of higher oil ical exams, which included exams that cation, if we want to take the burden prices, they can continue to produce oil required them to take their clothes off. off of families that are under stress to in a glutted market, charge higher This was very much a shock for these provide education for their children if prices and, clearly, make out like ban- girls. It was very difficult for them, their children may be disabled or coded dits. So if the Federal Reserve Board traumatic for them, and many had to in some form or fashion and not sepa- today meets to raise interest rates, and receive counseling afterwards. This was rate them from the rest of the commu- therefore slow down growth of the U.S. all done without parental consent, nity, if we want to fulfill the Govern- economy, please do not blame the without parental notification. ment’s mandate that was enacted over Democrats and, for that matter, do not The Parental Freedom of Informa- 20 years ago, do it for the first time in even blame the Republicans. Just tion Act would give parents access to H1782 CONGRESSIONAL RECORD — HOUSE March 31, 1998 medical tests and require that they get O gracious God, You have given us DEMOCRATS ARE NOT FOR TAX permission before they conduct some- the great promises of life and we see CUTS thing like this. Anything that is man- Your glory and majesty of the heavens (Mr. DELAY asked and was given per- datory would require that parent con- and the miracles of life and hope. On mission to address the House for 1 sent before it is conducted. this day we pray that we will see Your minute.) It’s the same with psychological test- blessings in the day-by-day events, the Mr. DELAY. Mr. Speaker, the Repub- ing, if there is any psychological test- ordinary circumstances that touch our lican Party stands for lower taxes, and ing; and there has been across the lives. May we realize that when we say that is not news. The Democrat Party United States. In Texas and California, a good word, we are Your people; when stands for higher taxes, and that is not they have had psychological testing we listen to others and respect their news either. What is news is that we without parental consent. traditions, we are doing Your work; have yet another Democrat who has This legislation does not prevent stu- when we give honor and dignity to had the courage to say out loud what dents from voluntarily seeking psycho- those who disagree with us, we are liberal Democrats believe with great logical testing, psychiatric help, or truly acting our faith in our daily conviction to the depths of their souls. medical help if they do so voluntarily. lives. As we seek to do Your will in the Just last week, one liberal Democrat, In some cases, there are conflicts be- daily routines of life, so we bless You, proud to call herself a liberal and a tween parents and students; and they our creator and our redeemer. Amen. leader of the party of big government, do need to get some type of counseling. said point blank, ‘‘The fact is that That is not excluded by this bill. I f Democrats are not for tax cuts.’’ Let us think that is very healthy for students all listen to that again, because I find to try to work through some of their THE JOURNAL her candor quite refreshing: ‘‘The fact problems so they can communicate The SPEAKER. The Chair has exam- is that Democrats are not for tax better with their parents, and vice ined the Journal of the last day’s pro- cuts.’’ versa. ceedings and announces to the House Now, I am sure that the White House Other barriers exist, especially relat- his approval thereof. spin machine could probably take that ed to some testing, that have been very Pursuant to clause 1, rule I, the Jour- statement and show how we are all just difficult for parents to accept, espe- nal stands approved. cretins for thinking that these words cially when they are not involved in Mr. MCINNIS. Mr. Speaker, pursuant mean what they say. But I am afraid the process. to clause 1, rule I, I demand a vote on most Americans understand exactly In my home State of Kansas there agreeing to the Speaker’s approval of what these words mean without the was part of a standardized test that the Journal. benefit of the White House spin doc- was given to junior high students was a The SPEAKER. The question is on tors. reading comprehension test. The story the Chair’s approval of the Journal. How far the Democrat Party has that was selected was of a 7th grade The question was taken; and the come from the days of Andrew Jack- girl who developed a relationship with Speaker announced that the ayes ap- son. Mr. Speaker, I tremble at the an inanimate object, actually a statue peared to have it. thought that the Democrat Party will of a crow. In this story this junior high Mr. MCINNIS. Mr. Speaker, I object practice what it preaches. girl begins to communicate with this to the vote on the ground that a statue, and the statue becomes her quorum is not present and make the f spiritual guide. point of order that a quorum is not MAJORITY WHIP OWES AN Many parents in Kansas found that present. APOLOGY having junior high kids subjected to The SPEAKER. Pursuant to clause 5, spiritual guides, or the philosophy of a (Mr. LEWIS of Georgia asked and was rule I, further proceedings on this ques- given permission to address the House spiritual guide, was offensive. They de- tion will be postponed. cided that they would try to do some- for 1 minute and to revise and extend The point of no quorum is considered his remarks.) thing about it. Eventually, the test withdrawn. was changed. But, parents were ex- Mr. LEWIS of Georgia. Mr. Speaker, cluded from finding out about such f I was deeply saddened and chagrined to types of standardized tests, tests that read in the paper the remarks of our would subject every child in Kansas, PLEDGE OF ALLEGIANCE colleague, the gentleman from Texas sooner or later, to that. The SPEAKER. Will the gentleman (Mr. DELAY), the Majority Whip, re- Mr. Speaker, I would just ask that from Nevada (Mr. GIBBONS) come for- garding slavery and the President’s re- my colleagues help support the Paren- ward and lead the House in the Pledge mark on the subject. tal Freedom of Information Act and of Allegiance. According to my colleague, and I strengthen education. Mr. GIBBONS led the Pledge of Alle- quote, ‘‘Here is a flower child with gray f giance as follows: hair doing exactly what he did back in the ’60s. He is apologizing for the ac- RECESS I pledge allegiance to the Flag of the United States of America, and to the Repub- tions of the U.S.’’ While there is noth- The SPEAKER pro tempore. There lic for which it stands, one nation under God, ing wrong with apologizing, that is not being no further requests for morning indivisible, with liberty and justice for all. what the President did. hour debates, pursuant to clause 12, What President Clinton did on his re- f rule I, the House will stand in recess cent trip to Africa was express his re- until 11 a.m. MESSAGE FROM THE SENATE gret over slavery. He said slavery was Accordingly (at 9 o’clock and 56 min- wrong, something we should all be able utes a.m.) the House stood in recess A message from the Senate by Mr. to agree on. At a time when the Presi- until 11 a.m. Lundregan, one of its clerks, an- dent and others are trying to nurture f nounced that the Senate passed a bill racial healing and reconciliation, it is of the following title, in which concur- unfortunate that there are those who b 1100 rence of the House is requested: would use the issue of race as a wedge AFTER RECESS S. 1751. An act to extend the deadline for to divide us. The recess having expired, the House submission of a report by the Commission to Mr. Speaker, the gentleman from Assess the Organization of the Federal Gov- was called to order by the Speaker at Texas (Mr. DELAY) owes this House, ernment to Combat the Proliferation of the American people, and the President 11 a.m. Weapons of Mass Destruction. f an explanation and an apology. He has f said that the President cannot tell the PRAYER truth about his mistakes and own up to The Chaplain, Reverend James David ANNOUNCEMENT BY THE SPEAKER them. Ford, D.D., offered the following pray- The SPEAKER. The Chair will enter- Mr. DELAY should admit his own error of er: tain 15 one-minutes on each side. judgment and apologize. March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1783 NEW TRIBES MISSIONARIES NO EMBARGO ON FOOD AND and when we Democrats pass a mini- (Mr. PITTS asked and was given per- MEDICINE GOING TO CUBA mum wage increase over objections, we mission to address the House for 1 (Ms. ROS-LEHTINEN asked and was will be saying, ‘‘Senator LOTT, thanks minute and to revise and extend his re- given permission to address the House a lot.’’ marks.) for 1 minute and to revise and extend f Mr. PITTS. Mr. Speaker, I rise today her remarks.) ANNOUNCEMENT BY THE SPEAKER to speak on behalf of three American Ms. ROS-LEHTINEN. Mr. Speaker, a PRO TEMPORE missionaries who have been held hos- portion of the infrastructure of Fidel tage for over 5 years by FARC gueril- Castro in the United States is here in The SPEAKER pro tempore (Mr. las. Washington today to promote the lives FOSSELLA). Members should avoid ref- In January of 1993, Colombian gueril- and propaganda of the regime. They erences to Members of the other body. las crossed the border and kidnapped will speak of a political embargo on f David Mankins, Richard Tenenoff, and the sending of food and medicine from Mark Rich from a Panamanian Indian the U.S. to Cuba while never mention- NO TAXATION WITHOUT village. During the first year of cap- ing an unkind word about the regime. COMPREHENSION tivity, FARC intermittently contacted But, once again, Mr. Speaker, let us (Mr. BOB SCHAFFER of Colorado New Tribes Missions to demand pay- set the facts straight. There is no em- asked and was given permission to ad- ment of a $5 million ransom. But, in bargo on food and medicine going to dress the House for 1 minute.) 1994, the guerillas cut off all contact. Cuba. The United States is, in fact, the Mr. BOB SCHAFFER of Colorado. According to the New Tribes Mis- largest humanitarian aid donor to Mr. Speaker, the stirrings of patriotic sions authorities, there are credible re- Cuba, sending more aid to the island revolution in this country 222 years ports that the three Americans are than all of the other nations in the ago were energized by the cries of ‘‘No still alive. Last July, Assistant Sec- world combined. taxation without representation.’’ retary of State John Shattuck commit- If there are no medicines in Cuba, Today it is time for a new call to com- ted to doing everything possible to se- why do foreign tourists with hard cur- mon sense: ‘‘No taxation without com- cure the release of these three Ameri- rency receive top-quality health care prehension.’’ cans. In addition, a number of Latin on the island? If there is a shortage of That is right, Mr. Speaker, a tax code American countries have pledged their food in Cuba, why do luxury hotels that even the experts cannot figure out assistance to resolving this hostage sit- pamper tourists with world-class is an assault on common sense, an as- uation. meals? If there are no medicines in sault on logic and an assault on the Mr. Speaker, American citizens’ lives Cuba, why has Castro exported $300 American conception of self-govern- are at stake. I urge President Clinton, million in medicines over the past 2 ment. Formerly loyal British subjects Secretary Albright, the State Depart- years? were so offended by the idea of tax- ment and all other appropriate Amer- Do not believe the propaganda. The ation without representation that soon ican officials to work with other coun- only embargo that has to be lifted is a revolution of American patriots was tries to help bring an end to this tragic the embargo on freedom, human rights, born, and today more and more ordi- situation. and democracy that the Cuban dictator nary taxpaying Americans are so of- has imposed on the people of Cuba. fended by a system of taxation without f f comprehension that a taxpayers revolt is emerging now across the land. b 1100 CAMPAIGN FINANCE REFORM In simple terms, Mr. Speaker, it KILLED ONCE AGAIN KEEP TALKING ABOUT THE makes no sense to have a tax system (Mr. FARR of California asked and MINIMUM WAGE that makes no sense. It is time to stop was given permission to address the (Mr. GUTIERREZ asked and was the madness and stand up to our absurd House for 1 minute and to revise and given permission to address the House Tax Code, all 3,500 pages of it. extend his remarks.) for 1 minute and to revise and extend Democrats and Republicans unite. No Mr. FARR of California. Mr. Speaker, his remarks.) taxation without comprehension. well, we were here yesterday for almost Mr. GUTIERREZ. Mr. Speaker, last f 12 hours; and we were able to kill cam- week as the cherry blossoms bloomed paign finance reform. It reminds me of in Washington, Americans were treated DO-NOTHING CONGRESS IN RECESS borrowing a lyric from the old song to yet another sight that they had long FROM REALITY ‘‘The Party’s Over:’’ ‘‘It’s time to wind awaited, a Republican legislative agen- (Mr. DOGGETT asked and was given up the masquerade. But make up your da. Finally the GOP articulated an permission to address the House for 1 mind, the piper must be paid.’’ issue when the leader of the other body minute.) The campaign finance reform has not declared that Republicans would block Mr. DOGGETT. Mr. Speaker, as this been done. There are no limits on ex- any increase in the minimum wage. Congress concludes the first 100 days of penditures. There is no ban on soft Yes, while the Dow Jones climbs high- 1998, it is quite appropriately in recess. money. There is no disclosure for inde- er, Republicans say that some workers Indeed, the Republican leadership of pendent groups that campaign for or are unworthy of sharing in America’s this House has been in recess for most against politicians. History reveals prosperity. of this year on most issues that could again last night that the Republican As my colleagues know, when trading really make a difference in the lives of Party has killed the campaign finance closes each day on Wall Street, some- most Americans. reform once again. one has to clean up the Stock Ex- They were in recess yesterday when, In 1992, a bill got to the President’s change, someone is serving drinks to after demands for over a year to have a desk and Bush vetoed it. In 1994, the the investors getting together to cele- real debate on how to get the big Senate Republicans filibustered brate, and somebody is stitching to- money influence in this Congress con- against campaign finance reform and gether the $3,000 suits fashionable in trolled, they presented a phony bill killed it. In 1996, this House, under the financial district. Yet some of that was rejected by even most of their present leadership, killed H.R. 3505. those workers are struggling to get by own Members. They talk about taxes, And now, in 1998, the House leadership on an annual income lower than the but when it comes to closing the tax once again killed campaign finance re- wardrobe expenses of some of the well- loopholes and ending the corporate form. dressed brokers. welfare for those same big money con- Mr. Speaker, the Republican Party Mr. Speaker, I have one request of tributors, this Congress has been in re- does not want to bite the money inter- the Republican leader of the other cess. When it comes to passing a budg- ests that field their campaigns. But do body: Keep talking about the minimum et that would protect Social Security not forget, it is not the money that wage. The staunch opposition can only first, in recess. On child care, on im- elects us, it is the people who vote. help us in uniting working families, proving the quality of education, on H1784 CONGRESSIONAL RECORD — HOUSE March 31, 1998 pension protection, they have been in BESTEA WILL BENEFIT ONE OF am tired of hearing people go out and recess. AMERICA’S MOST DANGEROUS apologize for the United States of The first 100 days of this Republican HIGHWAYS America. Congress: a do-nothing Congress in re- (Mr. METCALF asked and was given Take a look at the United States of cess, in recess from reality. permission to address the House for 1 America’s history. Look how many minute.) millions and millions and millions of f Mr. METCALF. Mr. Speaker, I rise people that we have helped. Look how today to urge my colleagues to support many of our soldiers have given the ul- AMERICANS SHOULD OBSERVE BESTEA when it comes to the House timate sacrifice to defend freedom in APRIL FOOL’S DAY ON APRIL 15 floor this week. BESTEA focuses on this world. (Mr. GIBBONS asked and was given safety and keeping our nation’s high- Take a look at what our country of- permission to address the House for 1 ways safe like never before. fers the world today. We do more for minute and to revise and extend his re- An example of this commitment is the environment than any other coun- marks.) the High Risk Roads Interstate Pro- try in the world. We have the best Mr. GIBBONS. Mr. Speaker, we are gram. This program, Mr. Speaker, allo- health care system of any country in roughly 13 hours away from the first cates $5.75 billion to fund safety im- the world. We have the strongest mili- day of April, also known as April provements to high risk roads with tary of any country in the world which Fool’s Day. This year, Mr. Speaker, I high accident rates. Funding of this helps our friends at our expense. think America should observe April program requires that safety must be Take a look at what we do for edu- Fool’s day on April 15. Why? Well, the primary purpose of any project. cation for our own citizens. Take a April 15 is the day when the IRS plays Mr. Speaker, this program will di- look at what we do through the United the biggest prank of all, trying to con- rectly benefit my home State of Wash- Nations for other countries. Take a vince the Americans that it has turned ington, which has the dubious distinc- look at our foreign aid. Mr. Speaker, we have got nothing to over a new leaf as a kinder, gentler tion of having one of America’s most apologize about. The President needs agency. dangerous highways. Highway 522 is a to come home. If apologies are due, Mr. Speaker, the Americans are no 10.5 mile road where 42 people have lost maybe they are due over at the White fools. They see the IRS for exactly their lives in the past 20 years. Without House, but they are not due for being what it is, out of control. April 1 has this new program, the estimated $180 citizens of the United States. been dedicated to fools, and April 15 million price tag would remain out of I am a citizen of the United States of has been dedicated to the IRS, just 14 reach, leading to more and more sense- America, and let me tell every one of days between losing one’s mind and less deaths. my colleagues I have no apologies. losing one’s money. I urge my colleagues to support Working men and women in this BESTEA. f country are sick and tired of having f THE CONGRESS HAS GONE WILDLY the joke played on them. Our families ASTRAY CONTINUE THE FIGHT FOR deserve a government that is dedicated (Mr. VENTO asked and was given CAMPAIGN FINANCE REFORM to reform and accountability, not abu- permission to address the House for 1 sive power and status quo. (Ms. KILPATRICK asked and was minute and to revise and extend his re- I urge my colleagues to join me in given permission to address the House marks.) support of real and practical IRS re- for 1 minute and to revise and extend Mr. VENTO. Mr. Speaker, it is time form, tax reform now, not tomorrow. her remarks.) for Congress to get to work on the peo- We must end the practical joke on the Ms. KILPATRICK. Mr. Speaker, the ple’s agenda, the people’s business, and taxpayers of this country. Congress yesterday missed a great op- to quit playing partisan games. Last portunity to reform the finance cam- f year after passing a successful budget paigning that we do in our country. I resolution the Congress today has gone am happy to report that on a vote of wildly astray. The Republican Congress FLORIDA FIXES THEIR ELECTRIC 337 to 74 this House turned down some today cannot get along with the Clin- CHAIR atrocious campaign finance reform leg- ton administration, it cannot get along (Mr. TRAFICANT asked and was islation that was a total sham, and we with the Democrats and the Repub- given permission to address the House did it in a bipartisan way. Americans licans in Congress, cannot get along for 1 minute and to revise and extend have said we want campaign finance re- with themselves. his remarks.) form, we want to take the money out, Look what has been going on the last Mr. TRAFICANT. Mr. Speaker, Dan- we want to participate in the process, 2 weeks in the House: Making a mock- iel Remeya said he killed people for the and we want an open debate on it. ery out of campaign finance legislation fun of it. In 1985 he killed a clerk for I applaud my colleagues. Democrats yesterday, partisan bills considered $50. Two days later he killed a grocery have been strong in it. All 196 of us said under suspension where there was cer- clerk. Two days after that he killed a ‘‘no’’ to the sham campaign finance re- tainty such bills would fail. Secondly, restaurant manager. That same day he form legislation that was on the House last week giving short shrift to the en- killed two repair men, my colleagues. floor last night, and I am happy that 74 vironment and fortunately the so Now, after all that his attorneys said of Republicans stood up to that chal- called Forest Health measure was de- Florida’s electric chair does not work lenge as well. feated. The bills are failing; we cannot properly, constituting cruel and un- Let us reform the laws. Let Ameri- agree on subjects we should agree on usual punishment, therefore Remeya cans participate in campaign finance and find a sound common ground upon. should be spared. reform. And today we have got a bill sched- Beam me up. I commend my Democratic Caucus, uled on financial modernization, the I want to commend Florida for, No. 1, Mr. GEPHARDT for his leadership. Let bill that we have been working on for a fixing their electric chair; and, No. 2, us continue the fight. decade, and what is happening is that for using the electric chair on this f the Republican leadership is hijacking creep who killed innocent victims for the credit union bill to put it onto this the fun of it. NO APOLOGIES NEEDED badly flawed bill, H.R. 10. It is like giv- Good night, sweet prince. (Mr. MCINNIS asked and was given ing a ticket to somebody on the Ti- I say one last thing, Congress. An permission to address the House for 1 tanic. This bill makes a mockery out of America that gives murderers three minute and to revise and extend his re- the due process and deliberate consid- square meals, a roof and a law library marks.) eration. Substantive amendments will is an America that will continue to Mr. MCINNIS. Mr. Speaker, it is time not be considered, we are going to have have mass murderers. I yield back all for our President to come home. We a total of about four or five hours to the carnage in our cities. owe no more apologies to the world. I debate it, and it is all but immunized March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1785 from substantive debate on important Mr. TIAHRT. Mr. Speaker, we are called ‘‘factions’’ because special inter- issues in terms of our economy and the losing the concept of honesty and trust ests could make demands, demands at people we represent. When are we going in our society. Over the last few the expense of the public good, at the to get to work and quit the partisan months here in Washington the con- expense of common interests, at the ex- antics that seem to touch every item cept is fading and being replaced by de- pense of sound policy. on the House agenda. nial, distraction, delay and destruction James Madison was right, and his- f of those seeking the truth. We all know tory, for the past 40 years, has shown in our hearts that honesty is always that special interests have grown in WILL OUR MILITARY FORCES BE the best policy, but when leadership in power while ordinary middle-class fam- UNABLE TO MEET NATIONAL SE- a free society lowers the standard, it ilies watch their tax bills grow year CURITY NEEDS BECAUSE OF ILL- affects us all. after year. CONCEIVED BUDGET CUTTING? Mr. Speaker, leadership does matter. Last year, for the first time in 16 (Mr. RILEY asked and was given per- We all saw that when the President years, we gave American families a tax mission to address the House for 1 spoke on MTV, saying he would inhale break. Let us eliminate the marriage minute.) if he had to do it all over again, and penalty; let us help working families. Mr. RILEY. Mr. Speaker, as my col- then drug use actually increased. Let us let the Tax Code work for Amer- leagues know, this year will represent If we lower the standard of honesty icans and not for the special interests. the 14th consecutive year of real de- and trust, it means we no longer honor f our commitments to our checking ac- cline in Federal defense spending. In RESTORE THE PUBLIC’S TRUST less than a decade we have gone from counts, resulting in bounced checks. It 18 Army divisions down to 10. We have means that we no longer honor our (Mrs. LINDA SMITH of Washington gone from a 600-ship Navy down to 300. commitments to credit card accounts, asked and was given permission to ad- Our soldiers’ optempo continues to in- meaning more bankruptcy. It means dress the House for 1 minute and to re- crease, our equipment continues to we no longer honor our commitments vise and extend her remarks.) Mrs. LINDA SMITH of Washington. age, and yet the defense budget seems to marriage, meaning divorces will Mr. Speaker, as public servants, we are to get smaller and smaller with each rise. commissioned to be guardians of the passing year. Is there not enough hot checks public trust, but each year the public’s Yet to my dismay, I read in the today? Do we not have enough bank- trust steadily declines. And why? Be- March 25 Congress Daily that some of ruptcy? Is there not too many divorces cause too often Presidents, the new my colleagues are disappointed that today? Let us demand honesty and ones, and the new Congresses, go on the supplemental appropriations bill trust from ourselves, our neighbors and with practices that are established by was not offset with DOD funds. our elected officials. the old Congresses that violate that Mr. Speaker, I would like to remind f trust. my colleagues that we have a constitu- BANNING SOFT MONEY Take, for example, the Social Secu- tional obligation to provide for the rity Trust Fund. Every year we borrow common defense of this Nation. It will (Mr. PASCRELL asked and was given permission to address the House for 1 from that trust fund, and we do not be far more costly in dollars, and po- have the money to pay it back. We give tentially in American lives, if our mili- minute.) Mr. PASCRELL. Mr. Speaker, the that to the next generation. tary forces are unable to meet the Na- freshman campaign finance bill takes This year, the President’s proposal tion’s national security needs because the bold and important step of banning not only says we should borrow this of ill-conceived budget cutting. soft money. In the last election Demo- year, but for the next 3 years, for a so- f crats and Republicans combined to called balanced budget. He takes $101 CAMPAIGN FINANCE REFORM— raise more than $260 million in soft billion out of people’s retirements and THANKS FOR NOTHING money. That was a 206 percent increase spends it on his programs and says, isn’t that great? And now he is travel- (Mr. SNYDER asked and was given from 1992. If we extrapolate, when we get to the year 2000 we will be spending ing the world giving out foreign aid to permission to address the House for 1 other countries that he has taken out minute.) $1 billion in soft money. b of people’s retirement funds. Mr. SNYDER. Mr. Speaker, thanks to 1130 It is time to restore the trust in the Republican leadership’s planned de- We divide the House into two groups: America to trust funds and stop this feat last night of campaign finance re- Those who think there is not enough stealing. form, I wanted to give my colleagues money in the pot to spend doing elec- f an update on the current state of the tions, and those who think there are law. far too many dollars to be spent. And CONGRATULATIONS TO If someone is a small business person the problem is not what is illegal, so TENNESSEE LADY VOLS in Arkansas grossing $100,000 a year, it much as what is legal that we accept. (Mr. DUNCAN asked and was given is still legal for them to give $1 billion Let us bring credibility back to the permission to address the House for 1 to the political party of their choice. If Congress. Let us have real campaign fi- minute and to revise and extend his re- this is a family of four making $30,000 nance reform, and let us not think that marks.) a year, it is still legal for them to do- the public is going to accept the sham Mr. DUNCAN. Mr. Speaker, I rise nate $1 billion to the political party of that went on last night. today to congratulate the Tennessee their choice. If they retire on Social f Lady Vols on once again becoming the Security and on fixed income, it is still national champions of women’s colle- legal for them to give $1 billion to the HELP FOR WORKING FAMILIES giate basketball. This is an unprece- political party of their choice. And if (Mr. BLUNT asked and was given dented third national championship in this is a young couple in their 20s still permission to address the House for 1 a row for Coach Pat Head Summitt and trying to pay off student loans, it is minute and to revise and extend his re- her staff and players. still legal for them to give $1 billion to marks.) Led by a young woman who has al- the political party of their choice. Mr. BLUNT. Mr. Speaker, for 40 ready been described as the greatest Thank you, Mr. Speaker, for nothing. years, as Americans watched the Tax women’s basketball player ever, f Code grow to 5.5 million words, special Chamique Holdsclaw, the Lady Vols interests were gaining power at the ex- went 39 and 0 on the way to the na- HONESTY IN OUR LEADERS DOES pense of working families, families who tional championship. MATTER formed the backbone of America, who Coach Pat Head Summitt has now (Mr. TIAHRT asked and was given work hard, play by the rules, and pay won an unbelievable six national cham- permission to address the House for 1 more than their fair share of the taxes. pionships and is considered one of the minute and to revise and extend his re- James Madison warned about the top basketball coaches of all time, marks.) evils of special interests, which he male or female. H1786 CONGRESSIONAL RECORD — HOUSE March 31, 1998 The dedication, the determination, to campaigns, not increase the amount cuts, and that we should not let them the discipline of these young women is of money to campaigns, and we have to get away with saying that Democrats truly amazing. This is my hometown have an honest debate on this floor are not for tax cuts, because, quite team, representing one of my alma with not just the ideas that have been frankly, Democrats have been standing maters, so I am especially proud of this created inside the Republican caucus, on their feet talking about targeted outstanding group, but they have made which were even rejected by a large tax cuts for working middle-class fami- all of Tennessee very proud, indeed. number of the Republicans, but the lies in this country, and not the richest Coach Pat Head Summitt, her assist- ideas that are out here in the American people in this country, which is where ants, Mickie DeMoss, Holly Warlick, Al public. the Republican leadership and my col- Brown, and the Tennessee Lady Vols I have a proposal to limit spending to league from Texas (Mr. DELAY) are are great representatives for the sport a $100 contribution from any person in coming from. of basketball and for this Nation. the country; not thousands, not $25,000, The gentleman from Texas, Mr. f not $75,000. Other people have other DELAY got up to speak this morning, ideas. I believe in public financing. and I say to him, watch the debate on ETHICAL STANDARDS IN Many people agree with that; some dis- the floor before you distort the words POLITICAL FUND-RAISING agree with that. of a colleague. The CONGRESSIONAL (Mr. PETERSON of Pennsylvania We ought to have an honest debate RECORD is being corrected on how they asked and was given permission to ad- about these issues, and not let it die misinterpreted the comments that I dress the House for 1 minute and to re- with the sham that occurred last night. made. vise and extend his remarks.) f We have the tape. You are going to Mr. PETERSON of Pennsylvania. Mr. have to eat your words. Speaker, I wonder if the Democrats’ MAKING TAXES f call for national standards in education UNDERSTANDABLE reflects their high regard for high ethi- (Mr. KINGSTON asked and was given DEFEAT OF CAMPAIGN FINANCE cal standards when it comes to raising permission to address the House for 1 REFORM money for their political campaigns? minute and to revise and extend his re- (Mr. HOYER asked and was given I have no doubt that the other side, marks.) permission to address the House for 1 so proud of what they did during the Mr. KINGSTON. Mr. Speaker, this minute and to revise and extend his re- 1996 elections, have learned a few les- year, millions of Americans will buy marks.) sons from the most ethical administra- new cars. We will go on to car lots and Mr. HOYER. Mr. Speaker, I rise to tion in history. Selling the Lincoln select cars of our choice, and be told comment on yesterday’s debacle. Some bedroom to the highest bidder; White how much they cost. rose and said that this was legitimate House coffees with the most impressive But think about it for a minute, how campaign finance reform. The Amer- rogues gallery of drug smugglers, arms complicated it must be to price a car; ican public wants campaign finance re- dealers and con artists ever assembled. tires, computer systems, the radios and form. They do not want money to be I wonder if the national standards speaker systems and bumpers. And the arbiter of the politics of America. they have in mind will help with the then there are the labor costs involved They want money contributed honestly little ‘‘I do not recall problem’’ that in it, and the liability for the insur- and reported effectively. seems to afflict the majority from the ance, and the utilities for the factory. The chairman of the Committee on White House who are asked to come to It is indeed a very, very complicated House Oversight, who offered these Capitol Hill to testify about campaign process to bring a car to your lot near- bills to the Congress, had one principal finance law breaking. est to you in your hometown and say large bill. That bill, he said, would I wonder if the national standards that car costs $31,286. It is a miracle of pass. We said it was a sham. The New they have in mind will do anything the capitalist system. York Times said it was a sham. The about shaking down impoverished In- Now think in terms of what it is to Washington Post said it was a sham. dian tribes for money, using the power pay your taxes. Have you paid your We were criticized on our side of the of the IRS to target America’s most taxes yet? Probably not. Why not? Be- aisle for being partisan and saying it vulnerable citizens, or invading the pri- cause it is too complicated. You know was a sham. vacy of ordinary citizens by illegally it is going to take hours and hours. But, Mr. Speaker, when the vote was obtaining their FBI files. You will have to sacrifice two or three called, two-thirds of the majority party I wonder, Mr. Speaker. I wonder. evenings of your busy schedule, all to voted against their leadership’s bill, in- figure out what you owe Uncle Sam. f cluding their leadership. Why can the IRS not take a lesson CAMPAIGN FINANCE REFORM It was, indeed, a sham. from the motor companies and the pri- (Mr. GEJDENSON asked and was vate sector and just have clarity and f given permission to address the House simplicity, so that when you and I go MESSAGE FROM THE PRESIDENT for 1 minute and to revise and extend to pay our taxes on April 15th, even his remarks.) though we might not like the amount, A message in writing from the Presi- Mr. GEJDENSON. Mr. Speaker, there at least we understand what it is? dent of the United States was commu- was some debate yesterday on the floor f nicated to the House by Mr. Sherman about whether or not the majority Williams, one of his secretaries. SETTING THE RECORD STRAIGHT party, the Republicans, were serious, f coming to the floor with a bad cam- (Ms. DELAURO asked and was given paign finance reform proposal, and set- permission to address the House for 1 PROVIDING FOR CONSIDERATION ting up a procedure that meant they minute and to revise and extend her re- OF H.R. 3579, EMERGENCY SUP- needed two-thirds of the House, not marks.) PLEMENTAL APPROPRIATIONS one-half-of-the-House-plus-one to win. Ms. DELAURO. Mr. Speaker, last FOR FISCAL YEAR 1998 Well, I think there were two-thirds week several of my colleagues and my- Mr. GOSS. Mr. Speaker, by direction votes for something. There was two- self stood in the well of this House, and of the Committee on Rules, I call up thirds of the House at least that voted we talked to the American public House Resolution 402 and ask for its against the Republican proposal, and, about the Republican leadership’s lu- immediate consideration. frankly, it just shows how insincere nacy and their crazy idea to impose a The Clerk read the resolution, as fol- this effort has been. 30 percent sales tax on the American lows: Mr. Speaker, we need to take back public. Lunacy. A 30 percent increase H. RES. 402 the political system in a way that will in the sales tax, a national sales tax. Resolved, That at any time after the adop- give the American people confidence. In the course of that debate, I spoke tion of this resolution the Speaker may, pur- We have to put limits on spending. We out and I said that Republicans want to suant to clause 1(b) of rule XXIII, declare the have to decrease the amount of money say that Democrats are not for tax House resolved into the Committee of the March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1787 Whole House on the state of the Union for The rule provides 1 hour of general I think we also all recognize that the consideration of the bill (H.R. 3579) making debate, equally divided and controlled young men and women doing the hard emergency supplemental appropriations for between the chairman and ranking mi- work of peace in such places as Bosnia the fiscal year ending September 30, 1998, and for other purposes. The first reading of the nority member of the Committee on and the Persian Gulf rely on us to en- bill shall be dispensed with. Points of order Appropriations. It also provides an ad- sure that they have the resources nec- against consideration of the bill for failure ditional 30 minutes of debate on the essary to conduct their missions as to comply with clause 2(l)(6) of rule XI, provision of the bill in title III relating safely as possible. Whether we agree clause 7 of rule XXI, or section 306 of the to the prohibition on the use of funds with the long-term policy that put Congressional Budget Act of 1974 are waived. in the bill for military operations them in harm’s way or not is not the General debate shall not exceed 90 minutes, against Iraq. This time is to be equally issue at this point. with 60 minutes of general debate confined to On the other hand, Mr. Speaker, the bill equally divided and controlled by the divided between the gentleman from chairman and ranking minority member of Colorado (Mr. SKAGGS) and an opponent there has been much public com- the Committee on Appropriations, and 30 of the bill language. mentary and disagreement among minutes of general debate confined to title I am sure Members on both sides of Members about the process by which III equally divided and controlled by Rep- this issue would agree this is a timely these needs are to be met. We did hear resentative Skaggs or his designee and a and important debate, and I am pleased much testimony yesterday from Mem- Member opposed to title III. After general we were able to accommodate addi- bers seeking to offer amendments to debate the bill shall be considered for tional time for this purpose. this bill. Most of the amendments were amendment under the five-minute rule. The The rule provides that the bill be bill shall be considered as read. The amend- in some way or another in violation of ments printed in part 1 of the report of the considered as read and that amend- House rules. Some of them dodge the Committee on Rules accompanying this res- ments printed in part 1 of our Commit- tough issue of offsets, and some were olution shall be considered as adopted in the tee on Rules report be considered as not germane to the subject matter of House and in the Committee of the Whole. adopted. The rule waives points of this bill. Points of order against provisions in the bill, order against the bill, as amended, for Based on that, and the importance of as amended, for failure to comply with failure to comply with clause 2 of rule getting this bill done quickly, we have clause 2 or 6 of rule XXI are waived. No other XXI, prohibiting unauthorized appro- crafted a structured rule that seeks to amendment shall be in order except the fur- ther amendment printed in part 2 of the re- priations or legislative provisions in a keep the focus on the matters at hand; port of the Committee on Rules. That general appropriations bill, or clause 6 that is, the emergencies and keeping amendment may be offered only by a Mem- of rule XXI, prohibiting reappropri- our military supported. ber designated in the report, shall be consid- ations. For instance, I know that some of ered as read, shall be debatable for the time Additionally, the rule makes in order our colleagues believe this bill should specified in the report equally divided and the amendment printed in part 2 of the have been tied to funding for the IMF controlled by the proponent and an oppo- Committee on Rules’ report and pro- and United Nations funding. Given the nent, shall not be subject to amendment, and vides that such amendment may be of- complexity and the clear controversy shall not be subject to a demand for a divi- fered only by a Member designated in surrounding both of those matters, I sion of the question in the House or in the Committee of the Whole. All points of order the report, shall be considered as read, believe that marrying them with the against that amendment are waived. At the shall be debatable for the time speci- disaster and defense proposals would conclusion of consideration of the bill for fied in the report, equally divided and only serve to delay our ability to get amendment the Committee shall rise and re- controlled by a proponent and an oppo- needed relief to victims and provide port the bill, as amended, to the House with nent, shall not be subject to amend- adequate funding for our troops over- such further amendment as may have been ment, and shall not be subject to a de- seas. adopted. The previous question shall be con- mand for a division of the question. We cannot allow our efforts to help sidered as ordered on the bill and amend- The rule waives all points of order flood- and storm-ravaged communities ments thereto to final passage without inter- against this amendment, which is a or bring peace of mind to our troops to vening motion except one motion to recom- mit with or without instructions. manager’s amendment designed to become bogged down in protracted ne- meet a specific need in the Northeast. gotiations over International Monetary b 1145 For the record, I have been advised Fund and United Nations funding. The SPEAKER pro tempore (Mr. by the chairman, the gentleman from Those matters will be the subject of a SNOWBARGER). The gentleman from Louisiana (Mr. LIVINGSTON), that addi- subsequent bill next month. Florida (Mr. GOSS) is recognized for 1 tional specific needs for the State of In addition, we have discussed the hour. Florida, this recent emergency and ramifications of funding these needs Mr. GOSS. Mr. Speaker, for purposes tragedy that has happened in that with and without spending offsets. I am of debate only, I yield the customary 30 State, have not been incorporated in pleased that this legislation incor- minutes to the distinguished gen- this bill because of the timing of mat- porates offsets for the spending it pro- tleman from Ohio (Mr. HALL), pending ters. These points will be addressed in poses, a difficult task in these times of which I yield myself such time as I conference with the other body, I am tightened belts in light of last year’s may consume. During consideration of informed. budget agreement. this resolution, Mr. Speaker, all time Lastly, Mr. Speaker, this rule pro- By adopting this rule, the House will yielded is for purposes of debate on this vides for a motion to recommit with or go a step further and declare its sup- issue only. without instructions. It is a somewhat port for the general policy that all Mr. Speaker, House Resolution 402 is complicated rule, which is why I have spending in this bill should be offset. I a modified closed rule that will allow taken so long to lay it out. There are salute the appropriators for doing due the House to consider H.R. 3579, the other points about it that are worth diligence in coming up with the offsets Emergency Supplemental Appropria- noting by Members. for the new spending in this legisla- tions for Fiscal Year 1998, in an expedi- What we are attempting to do today tion. They have remained true to the tious and responsible manner. is move ahead with an important sup- principle of fiscal responsibility our The rule waives points of order plemental spending bill made nec- majority has espoused since taking against consideration of the bill for essary by a series of natural disasters control of this House in 1994: There is failure to comply with clause 2(L)(6) of and several ongoing military missions no free lunch when it comes to tax- rule XI, requiring a 3-day layover of in need of additional funding in this payers’ money. Everything has a price, the committee report; clause 7 of rule fiscal year. and all spending must be done in the XXI, requiring a 3-day availability of I have heard little disagreement context of making choices. relevant printed hearings and reports about the merit of the funding propos- They are tough choices, but we are on general appropriations bills; or sec- als that are included in today’s legisla- accountable. That does not mean that I tion 306 of the Budget Act of 1974, pro- tion. We have all been saddened, in fact agree with each and every choice that hibiting consideration of legislation horrified, by the devastating impact of was made in this bill, nor does every within the jurisdiction of the Commit- a series of storms and weather phenom- other Member. tee on the Budget unless reported by ena associated with El Nino in congres- In one area involving funding for the that committee. sional districts across the country. airport improvement program, I think H1788 CONGRESSIONAL RECORD — HOUSE March 31, 1998 the wisdom of this House will enhance vestments that we have before us are ple in our country. I do not know what the judgment made by the Committee not always easy, but who among us is the reason is. It seems like maybe on Appropriations. In adopting this ready to further put our Nation at these people do not have a voice. They rule, we will adopt an amendment that risk? I daresay, not a Member of this do not seem to maybe vote like they restores cuts proposed to the airport House. should. They do not have PACs or what program, cuts that could have seri- Having been charged by all of this have you. But we always cut them. ously jeopardized the continued House to keep the portfolio on intel- This is another example of that. progress of airport expansion and air ligence and to keep watch over this My friend and colleague, the gen- travel safety across this country, in area of our national security, I can af- tleman from Pennsylvania (Mr. MUR- my view, and in the view of many oth- firm to every Member that the items in THA), wanted to offer an amendment ers. this bill are needed and they are needed striking the offsets. His amendment Mr. Speaker, we know this bill will now. would remove the cuts that hurt the not meet every need for the current fis- In closing, I wish to commend, again, poor and the needy. By removing the cal year. Even as the Committee on our colleagues on the Committee on bill’s most controversial section, his Appropriations was marking up this Appropriations for their hard work in amendment would reduce the chance bill, the administration was preparing getting this bill to the House expedi- that the bill would get bogged down in an additional natural disaster-related tiously and in a fiscally responsible partisan politics and ensure that the funding request of $1.6 billion. Since way. emergency funds for our military that time, sadly, we have seen addi- Mr. Speaker, I urge support for the troops would be delivered as quickly as tional damage done to communities rule, and I reserve the balance of my possible. from violent storms. I gather the time. The Committee on Rules denied the weather forecasters say we could see Mr. HALL of Ohio. Mr. Speaker, I gentleman from Pennsylvania (Mr. more. Mother Nature has never ad- yield myself such time as I may con- MURTHA) the opportunity to offer his hered to our congressional timetable sume. amendment, and it denied the House and probably does not care much about Mr. Speaker, this rule will allow for the right to vote on it. our policies, either. the consideration of H.R. 3579, which is The gentleman from Wisconsin (Mr. As chairman of the Subcommittee on a bill that makes $2.9 billion in emer- OBEY) asked the Committee on Rules Legislative and Budget Process, I con- gency supplemental appropriations. As permission to offer an amendment that tinue to be troubled by the difficulty my colleague, the gentleman from would combine this bill with other we face each year in coping with such Florida (Mr. GOSS), has described this emergency supplemental appropria- natural disasters, emergencies whose rule, it provides 1 hour of general de- tions bills reported by the Committee specific timing, severity and targets bate, equally divided and controlled by on Appropriations. This action was re- are not predictable, but our only cer- the chairman and ranking minority quested by President Clinton. tainty is that we know that they are member of the Committee on Appro- Again, the Committee on Rules de- going to come at some time, some- priations. It provides an additional 30 nied the gentleman from Wisconsin the where, in some form. Somebody is minutes of debate on title III of the opportunity to offer his amendment, going to be hurt, and we are going to bill. and it denied the House the right to have victims looking to the govern- The rule self-executes three amend- vote on it. So it went with most ment for relief. ments. Only one amendment will be amendments that House Members I will continue my efforts to find a made in order on the House floor. Mem- wanted to offer. better way, perhaps through a rainy- bers will not have the opportunity to Mr. Speaker, I believe that this bill is day type of reserve fund that we can offer other amendments. a mean-spirited, controversial, and better plan for these contingencies and I oppose this restrictive rule, and all very partisan bill. make our spending decisions more pre- the Democrats on the Committee on Rules opposed it. A total of 32 amend- dictable and rational in the future, but b 1200 now we have to cope with the disasters ments were submitted to the Commit- at hand. tee on Rules. By permitting so few It should not go to the floor without Finally, Mr. Speaker, let me speak in changes in the bill, the House will not the opportunity for Members to im- general to an issue raised by the distin- be permitted to work its will. Members prove it. I urge the defeat of the rule. guished ranking minority member of will not be able to fully represent their Mr. Speaker, I reserve the balance of the Committee on Appropriations constituents during the floor amend- my time. about funding in this bill for intel- ment process. Mr. GOSS. Mr. Speaker, might I in- ligence-related activities and pro- The bill provides vital funding for quire how much time remains on either grams. our troops overseas and for recovery side? There is some money within this bill from natural disasters. That is good. The SPEAKER pro tempore (Mr. for intelligence and intelligence-relat- However, the bill itself is seriously SNOWBARGER). The gentleman from ed activities that are critical to our na- flawed. The increased appropriations Florida (Mr. GOSS) has 201⁄2 minutes re- tional security interests. Although contained in this bill are emergency maining, and the gentleman from Ohio some have suggested that this funding spending, and they do not have to be (Mr. HALL) has 26 minutes remaining. is only a result of congressional matched with offsetting decreases in Mr. GOSS. Mr. Speaker, I would be prompting, let me assure the Members spending. very happy at this time if the gen- that this request is not from whole However, the Republican majority tleman from Ohio (Mr. HALL) would cloth. These are areas that the admin- has chosen to include offsets anyway, yield some more of his time so we istration has identified as being a sig- using this bill as an excuse to cut im- could equalize the time. nificant need at this time. The requests portant domestic programs. These cuts Mr. HALL of Ohio. Mr. Speaker, I go to the very fiber of protecting our include a major reduction in housing yield 3 minutes to the gentlewoman domestic tranquility. for low-income people and the elderly. from North Carolina (Mrs. CLAYTON). This is accomplished by ensuring The cuts would also force the (Mrs. CLAYTON asked and was given that we will have the human and tech- AmeriCorps program to shut down, permission to revise and extend her re- nical means necessary to protect our ending this valuable source of people- marks.) deployed forces, to protect American to-people assistance for the poor, the Mrs. CLAYTON. Mr. Speaker, I rise citizens abroad and their interests, and needy, and the hungry. in opposition to this closed and cruel to provide the eyes and ears that truly I am constantly amazed, especially in rule. This rule is cruel because it is supply the first line of defense for our the last few years, how, when we bring closed and it does not allow any Demo- Nation. a bill like this to the floor, we, in order cratic amendments, including the We have let down this defense, par- to find some money someplace, the amendment that I offered to respond to ticularly over the past year, and we first thing we do is always cut the pro- the emergency facing this Nation’s have to make some repairs. These in- grams that hurt the most needy of peo- farmers and ranchers. It is also cruel March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1789 because it cuts programs vital to chil- H.R. 3579. This amendment expresses Mr. HALL of Ohio. Mr. Speaker, I dren, vital to senior citizens, immi- the sense of this House that any fiscal yield 2 minutes to the gentleman from grants, and others of those who are year 1998 emergency supplemental ap- Texas, Mr. RODRIGUEZ. most unfortunate. propriations considered by the 105th (Mr. RODRIGUEZ asked and was This closed and cruel rule does not Congress must not result in an in- given permission to revise and extend allow an amendment that would have creased level of total Federal spending. his remarks.) corrected the provision contained in I think it is absolutely critical that Mr. RODRIGUEZ. Mr. Speaker, the the 1996 farm bill that treats American we stick to this principle in this Con- emergency supplemental appropria- farmers and ranchers worse than we gress, that if we are going to spend tions bill for 1998 is a vicious Repub- treat individuals who declare bank- more than the balanced budget, we will lican attempt to pit children against ruptcy, worse than we treat foreign have offsets to reduce spending in the disaster victims. It is an attempt governments to whom we extend cred- other areas. to pit children against the situation it, and it sought to correct this provi- Mr. Speaker, I personally support the that we find ourselves in in Bosnia. sion before the planting season is over President’s request for emergency sup- The bill cuts bilingual and immigra- and before it is too late for many of plemental appropriations to fund disas- tion education programs by $75 million. these farmers. ter relief and U.S. troop deployments The cuts mean that half a million Mr. Speaker, this is an urgent situa- in Bosnia and Iraq. However, this fund- youngsters will be denied the oppor- tion. This is an emergency situation. ing does not have to come at the ex- tunity to be able to learn English as Contained in the 1996 farm bill is a pro- pense of last year’s budget agreement. quickly as possible. vision that denies thousands of family After working diligently to balance I want to add again that this particu- farmers and ranchers eligibility to re- the budget for the first time in 30 lar cut will strike deeply into the ceive FSA direct and guaranteed loans years, many members of the Repub- States of California, Florida, Texas, if they have received a loan write-down lican Conference, especially members and several other States; that at the or a settlement. There is no lending of the Conservative Action Team, be- same time yesterday the particular practice in the private sector as harsh lieve it is counterproductive for us to amendment that came up regarding the and limited as the provisions in the consider funding the President’s emer- investigation of making sure that citi- 1996 farm bill, and it is particularly gency spending requests without pro- zens were made citizens before they cruel because spring planting season is viding the means to pay for them. vote, that that particular amendment now and without access to credit, For this reason, I want to personally struck at those particular States in- many farmers and ranchers will indeed express my gratitude to the gentleman stead of trying to make it universal. go out of business and will not be able from Louisiana (Chairman LIVINGSTON) Mr. Speaker, it is a deliberate at- to produce. of the Committee on Appropriations, tempt to go after Hispanics. The ad- Mr. Speaker, these farmers are not and all of the members of that commit- ministration strongly opposes these derelicts; they are hard-working citi- tee that voted to include a package of offsets, none of which are included in zens, many of whom face a credit offsets in the emergency supplemental the Senate-based version of this bill. crunch because of a hurricane, flood- bill. This was the right thing to do, and The President’s senior advisors are rec- ing, drought or other unanticipated I applaud their efforts. ommending a veto of the bill as drafted economic downturn. This unique, cal- Unfortunately, while the House bill in the House. lous provision was not contained in ei- contains these offsets, the Senate ver- In addition, the Republican leader- ther the House or the Senate version of sion does not. To send the strongest ship has refused to let the House de- the 1996 farm bill. It was added in con- possible message to both the other bate the bill under a fair rule, and we ference without the benefit of hearings, body and the White House that this only ask that the leadership give us an committee consideration or public de- House is fully committed to offsetting opportunity to debate it in a fair rule bate. It was added without the vision of the President’s request for additional so that we have an opportunity, so that what its impacts would mean on thou- spending, this rule self-executes the the House, both Republicans and sands of small farmers and ranchers. McIntosh-Neumann amendment. This Democrats, will be able to vote up or Mr. Speaker, it is especially brutal to amendment demonstrates the House’s down whether we should cut those edu- those farmers who have been discrimi- commitment to fiscal responsibility cation programs or not. nated against and have pending cases. and is intended to ensure that the Fed- Bilingual and immigration education They are being denied a remedy of past eral deficit does not increase as a re- services for the neediest children are discrimination, and they are also being sult of this bill. critical. This is important for them to denied the right that most of us have, Mr. Speaker, the fact is this Congress continue to be able to learn English. a right to work and provide for their is perfectly capable of providing emer- For the House leadership and the Com- families. gency spending relief to disaster vic- mittee on Rules to deliberately not It is even more astonishing that this tims and our troops without retreating allow this democratic process to go for- closed rule does not permit the amend- from our commitment to the American ward, to not allow us an opportunity to ment that I offered, because the very people to keep a balanced budget and continue to be able to debate this same amendment is included in the not go back to deficit spending. issue, is an outright attack on Hispanic Senate version of the emergency sup- (By unanimous consent, Mr. NADLER youngsters throughout this country. plemental bill. was allowed to speak out of order for 1 At a time when we are moving to a Mr. Speaker, it is most unfortunate minute.) global economy, we should be making what this rule does to small and family ANNOUNCEMENT OF THE DEATH OF FORMER sure that youngsters learn as much farmers who so much want to be a part CONGRESSWOMAN BELLA ABZUG about other languages as possible. We of the American dream. But it is equal- Mr. NADLER. Mr. Speaker, I have are doing just the reverse. Mr. Speaker, ly shameful that H.R. 3579, if passed, the sad duty to inform the House of the I ask that we make sure that we vote will take money from public housing passing of a distinguished former Mem- this down. and will shut down AmeriCorps. ber of this House. Bella Abzug, who Mr. GOSS. Mr. Speaker, I yield such Mr. Speaker, I urge a ‘‘no’’ vote on served here from 1970 to 1976 and had a time as he may consume to the distin- this closed and cruel rule. distinguished career before her service guished gentleman from New York (Mr. Mr. GOSS. Mr. Speaker, I yield 2 here and after her service here, passed SOLOMON), chairman of the Committee minutes to the distinguished gen- away this morning. on Rules, who we are pleased to wel- tleman from Indiana (Mr. MCINTOSH). We will arrange a special order to come back. Mr. MCINTOSH. Mr. Speaker, I thank talk about Bella and her many con- Mr. SOLOMON. Mr. Speaker, let me the gentleman from Florida (Mr. GOSS) tributions to the welfare of this coun- say to the previous speaker, the gen- for yielding me this time. try. When we know about arrange- tleman from Texas (Mr. RODRIGUEZ), I Mr. Speaker, I rise in strong support ments, we will inform the House, but have great respect for the gentleman. of this rule which self-executes the we have just found out and she passed He is one of the Members that stands McIntosh-Neumann amendment to away just about an hour and a half ago. and speaks his piece on the floor. We H1790 CONGRESSIONAL RECORD — HOUSE March 31, 1998 know it comes from his heart, and I un- of ice coating, toppling trees and tele- hard hit by unexpected storms. I have derstand that. But maybe after the phone poles and power lines, just fall- stood here in this well and helped gentleman hears my statement here, ing like dominos all across this entire many areas throughout the country, he might understand a little bit, be- north country in the Adirondack whether it was the flooding in Iowa and cause there is certainly no intent ever Mountains. One million people were North Dakota in the past, and now we to go after anyone in this country. without power, some for as long as 3 would appreciate this little bit of help That is why we have fought to remain weeks, in the dead of winter and below for the northern reaches of New York, the greatest, freest Nation on earth zero temperatures. If any of my col- which benefit from very, very few Fed- and we are the beacon of hope for all leagues have had to live through that, eral programs. There is no way to pre- people in the world, and we want to I can tell them it was devastating. vent these tragedies but thankfully we continue to do that. FEMA, HUD and the SBA, among can help them with this hardship. This Mr. Speaker, last night I was un- State and local government agencies, bill starts to do that, Mr. Speaker. avoidably detained on my return from did yeoman’s work in the immediate On the defense portions of the bill, Europe where the plane we were flying aftermath to help get people back on and this is even more important, I in had the door burst its seals on two their feet and get their electricity back think, or just as important, let me say separate occasions and we had to re- on so they would not freeze or starve to that I am extremely pleased that the turn twice. I would say to the gen- death. additional funding for our military op- tleman from Missouri (Mr. SKELTON), However, there is still long-term erations overseas is not paid for with we came back and hitched a ride back damage to the roads, to the forests, cuts in other areas of the defense budg- from Europe in a C–141, and I tried to whether it is the apple trees where the et. That is very important. sleep on the floor of that cargo plane, limbs were just totally decimated, For several years running now, this but it did not work. So I may not make whether it was maple trees that pro- administration has made a habit of any sense here today. duced 90 percent of the syrup in this underfunding the defense budget, over- Mr. Speaker, the Committee on country that were just absolutely deci- committing our forces throughout the Rules, under the very able leadership of mated, utility companies, and espe- year time after time, and then coming the gentleman from California (Mr. cially the struggling dairy farmers of to this Congress with a supplemental DREIER) reported out this rule which that region. funding request for those operations attempts to be as fair as possible while Mr. Speaker, that is why I am par- paid for with cuts in defense procure- providing for expedited consideration ticularly pleased that this bill provides ment and research and development of this emergency spending bill. some much-needed additional relief to out of military personnel. It is true that we were not able to the dairy farmers up there who lost In other words, this administration make many amendments in order. I their livestock and lost their milk. has been robbing tomorrow’s military personally favored an amendment of- These people, Mr. Speaker, live on an preparedness in order to pay for the fered by the gentleman from California income of maybe 10 or 11 or 12 or $13,000 multiple overseas adventures on which (Mr. HUNTER) which would have added per year. Per year. And now they have they have sent the U.S. military, ad- money to badly underfunded defense lost 50 percent of that income for the ventures like in Bosnia and Somalia procurement accounts, paid for with remainder of this year. I mean, that is and a half dozen other places. In fair- cuts in unproductive and unfunded for- absolutely devastating to people like ness, most of this supplemental request eign aid programs like aid to Russia. I this. They operate on the tiniest of is for operations in Iraq, a mission that would much rather have seen the off- margins and a storm with devastating I strongly support. However, it is im- sets come from there. costs like this threatens to put them perative that even that funding not But the vast majority of amendments all out of business. come out of tomorrow’s military. submitted to the Committee on Rules Thankfully, working with the gen- Mr. Speaker, this year we will most did in fact have violations of either tleman from New York (Mr. MCHUGH), likely cut the defense budget for the germaneness, and we have to pay at- whose district was literally devastated 14th straight year, over my objections, tention to this because we, unlike the even more than mine, the gentleman but it is probably what will happen. other body that has no rules over from New York (Mr. WALSH) sitting And the logical, predictable results of there, we have to live by the rules that over here, who represents the Syracuse that are now plaguing the United we have in the House. These amend- area and some of the northern reaches, States Armed Forces and my col- ments did, in fact, violate the ger- the gentleman from Louisiana (Mr. leagues all know it, if they go back maneness, legislating in appropriation LIVINGSTON), chairman of the Commit- home and talk to their recruiters. Our bills or Budget Act waivers, and we tee on Appropriations, and the gen- force structure has shrunk massively. have sworn to the men and woman that tleman from New Mexico (Mr. SKEEN), The Army does not have the number of we will not bust the budget, these chairman of the Subcommittee on Ag- divisions today to repeat Desert Storm waivers, and we are trying to stick to riculture, Rural Development, Food without pulling our forces from Bosnia that. and Drug Administration, and Related and perhaps even Korea, which we can- So all in all, this is a fair rule that Agencies of the Committee on Appro- not afford to do. will expedite this badly needed legisla- priations, we were able to come Our weapons systems are aging rap- tion in the wake of this winter’s disas- through with additional relief for these idly. I know. I was a victim of one try- ters around the country, whether it is farmers. ing to come back from Europe last El Nino in the western part of the The relief came most importantly night. Just the other day, the Penta- country or the terrible ice storms up in through two forms, Mr. Speaker. Four gon announced it was grounding some my district, up on the Canadian border. million dollars is included to help Vietnam era Huey helicopters for safe- On the bill itself, Mr. Speaker, I am cover the cost of livestock that was ty reasons. It goes back to what we most pleased that the supplemental lost during the storm. That is where were doing with the old B–52 bombers helps alleviate some of the costs of the the cows literally died because they when the doggone wings were falling devastating ice storm that struck the could not be milked, and if they are off because they were so old and in dis- northern part of my district, the entire not milked they die by the hundreds. repair. northern part of New York, as well as How could this situation be? We have b Vermont, New Hampshire and Maine 1215 cut the military procurement budget and a great deal of the Northeast, as a Just as importantly, we were able to by nearly 70 percent since 1985, 70 per- matter of fact. I could not possibly de- add $6.8 million for the milk that was cent. What else could we expect? Re- scribe to any of my colleagues the lost due to the power outage, and to cruiters are failing to meet their damage that was done to the terrain, help with diminished future production quotas. Go into your recruiters and ask to the livelihoods and infrastructure of of cows who were struck with mastitis them if they are getting a cross-section the area, but I ask my colleagues to because they couldn’t be milked for of American young men and women just listen to a couple of them. days. today. No, they are not, because they This storm lasted for 3 days and by Mr. Speaker, this is the least we can know they cannot depend on the mili- many accounts left more than 5 inches do for these areas that have been so tary for a career anymore because of March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1791 what we have been doing here in Con- State and Nation, and his father, like Mr. HALL of Ohio. Mr. Speaker, I gress. Pilots are leaving the Navy and both of them, Michael graduated from yield 2 minutes to the gentleman from Air Force in record numbers. This slide the University of Maryland School of Massachusetts (Mr. KENNEDY). has got to be halted, Mr. Speaker. Law. With his grandfather in attend- Mr. KENNEDY of Massachusetts. Mr. This bill is a good start in that direc- ance, Michael received his juris doctor- Speaker, if I might just speak out of tion because we do not allow for these ate degree after hearing his father de- order for 30 seconds, I would like to supplemental spending increases to liver the commencement address. join with my good friend, the gen- come out of the military budget. The The occasion was a fitting honor for tleman from Maryland (Mr. HOYER) to choice is this: If President Clinton the Cardin family, which has contrib- just let our good friend, BEN CARDIN, wants to deploy the U.S. military uted so very, very much to this State know on his first day back how much every time there is a problem through- and this Nation. At the University of we care for him, how much we respect out the world, some civil strife some- Maryland, Michael was remembered as what he has accomplished here in the place, he is going to have to provide being a talented student dedicated to House but, more importantly, the kind adequate funding for defense on top of becoming a lawyer to help people, not of individual he is, and how much he has given, not only to his family, but it. And if he does not, he is going to for profit. This past winter Michael to his country, and the quiet con- have to pay for those military missions was admitted to the Maryland bar, a fidence that he walks these halls with with cuts in some of the domestic bright future lay ahead. After passing and the important contribution that he spending programs that he considers a the bar, he worked in Baltimore for the will continue to make to this country. priority such as in this bill now. The special counsel and volunteered at the bottom line is simple. There is no free BEN, you are a dear friend to many of Hamden Family Center working with us, and we welcome you back. lunch, Mr. Speaker. children and families. (Mr. HOYER asked and was given Given the gravity of these last few Everyone that I have talked to who minutes on the House floor, it seems permission to proceed out of order for 1 worked with Michael at the Hamden almost inconsequential to go back to minute.) Center said he was one of the brightest the normal business of what we take up IN HONOR OF THE MEMORY OF MICHAEL CARDIN lights for all the children who were in this Chamber. But the bill that is Mr. HOYER. Mr. Speaker, we just benefited by that center. His willing- before the House today, which will pro- heard, minutes ago, about the death of ness to help others has always been a vide badly needed assistance and aid to one of our former colleagues, Bella core value to Michael, and he dem- families throughout our country that Abzug. She had a full career and made onstrated it in every part of his life. have been devastated by storms, to contributions that her talent and com- At the service this past Sunday, his people in Bosnia, and to our military mitment enabled her to do. father rose and said that there were troops is something that everyone on Mr. Speaker, I rise today in great many instances of which he and Myrna both sides of the aisle support. There is sadness to honor the memory of a had no knowledge, incidents that dem- money in our country to provide that young man who did not get the time to onstrated with individual people, support. In fact, as many of us have live out the promise of his ability, of homeless, children, people in trouble, talked about, for the first time in sev- his character, of his unbelievably good- Michael repeatedly showed the char- eral decades, there is actually going to will. The son of our colleague, BEN acter that he had, which I suspect was be a surplus this year. But rather than CARDIN, and his wife, Myrna, died sud- in his genes, because it was consistent deal with that surplus issue, what this denly last week. I know, Mr. Speaker, with the Cardin contribution. bill says is something different. that the entire House of Representa- Mr. Speaker, Michael was 30 years of What this bill says is in order to pro- tives joins me in extending condolences age. He left us too soon. All those who vide payments to these programs, we to the very sad Cardin family on the know him are heart sick. We can take are going to go out and we are going to loss of a gifted and caring young man. cut money that needs to be spent to comfort, perhaps, in knowing that in Mr. Speaker, I have known Michael fight homelessness in America. We are the time he spent with us he made a Cardin since he was a very young boy. going to go out and cut money that tremendous difference in the lives of His father and I went to the general as- needs to be spent on providing Section all those he touched. His parents can sembly in 1967 together. BEN first be- 8 housing. We are going to provide cuts came a member of the Maryland gen- take comfort in knowing, and I know on money that needs to be spent on eral assembly on the year that Michael they do, that Michael was a wonderful education programs. was born. He graduated from the Uni- son from a wonderful family. There is no reason, there is no reason versity of Maryland law school on that I do not know any family that I have why we have to cut the homeless, why day as well, in that year. But the ever met, Mr. Speaker, that is more we have to cut Section 8 housing, why proudest event of 1967 in the Cardin supportive, closer, more giving, more we have to cut education in order to family was the birth of Michael. respectful of one another than the fam- fund people that have been devastated I and some of the rest of my col- ily headed by BEN and Myrna Cardin. by storms. There is a process laid out leagues, perhaps, had the opportunity They are wonderful human beings, called emergency spending. The Presi- to watch Michael grow as he and his good and decent people who loved and dent has paid attention to that process. sister, Deborah, and their mother, nurtured their son without reservation. He has declared an emergency. That is Myrna, would visit their father in the Michael, for the 30 years that he had, what this bill is about. House of Delegates and here in Con- got the best that there was in the The SPEAKER pro tempore. The gress. There were two characteristics, Cardin family. Chair reminds Members that the gen- Mr. Speaker, that I remember most I know that all my colleagues who tleman from Florida (Mr. GOSS) has 10 about Michael. He cared more for oth- know BEN so well, some who know minutes remaining, and the gentleman ers than for himself, and he was an in- Myrna and some who know Michael from Ohio (Mr. HALL) has 19 minutes telligent young man whose greatest will join all of us in Maryland in honor- remaining. concern was for those less fortunate ing the memory of Michael Cardin, this b 1230 than himself. compassionate and caring young man, Mr. HALL of Ohio. Mr. Speaker, I As a student at Wesleyan University and we will join together in extending yield 1 minute to the gentleman from our deepest sympathies, love and car- in Connecticut, Michael continued to New York (Mr. NADLER). develop the commitment to serving ing to BEN, Myrna, the Cardin family. Mr. NADLER. Mr. Speaker, we are others that he had shown even as a We are a lesser land for Michael’s loss. all in favor of emergency help to people child. He served as editor in chief of The SPEAKER pro tempore (Mr. who suffered from storms and to pay the school newspaper where he dem- SNOWBARGER). Without objection, the the bills for what we are doing in Bos- onstrated his strong communication time of the gentleman from Maryland nia. But, Mr. Speaker, some of the off- skills and dedication to justice. In 1993, (Mr. HOYER) will not come out of the sets here are unconscionable. following in the footsteps of his grand- time of the gentleman from Ohio (Mr. Mr. Speaker, in the entire budget father, a great and good man, who has HALL). there is $10 billion for section 8 hous- celebrated 93 years of service to his There was no objection. ing. This is not for new section 8 units. H1792 CONGRESSIONAL RECORD — HOUSE March 31, 1998 This is for supplementing the rent pay- These are future obligations under think we need to start discussing this ments of low-income people in existing section 8 housing. These are next on the floor of the House of Represent- housing. This bill proposes to cut that year’s expenditures under section 8 atives. We may have a balanced budget by $2.2 billion, 22 percent. housing. Our subcommittee, under the this year, I think CBO says by perhaps And since there is no new section 8 gentleman from California (Mr. LEWIS), $8 billion. But in the 5 years, now my housing, what does it mean? It means the chairman of the Subcommittee on sixth year, that I have been in this we are going to not renew the con- VA, HUD and Independent Agencies of Congress, every year we have wrestled tracts of existing section 8s. It means the Committee on Appropriations, has at least once, if not more than once, that, in the next couple of years, we pledged to make this program whole. with the emergency appropriations are going to say to 350,000 families, These funds will be put into the budg- process; and the question is, do we off- leave your homes. We are going to et. set it or not offset it? And now that we throw them out on the street. We are But, Mr. Speaker, if the President of are starting to balance the budget, we going to tell them the subsidies end. the United States had done the respon- are starting to offset it. The rent doubled, they are guaranteed sible thing and funded the military ad- If we do not offset it, all of a sudden not to be able to pay that because, if ventures that he is not paying for, we we have spending out there which has they could afford it, they would not be would not be put in this position. just been added to the debt in the past in the program in the first place. Mr. HALL of Ohio. Mr. Speaker, I and now may take away from the sur- So, in order to meet some people’s yield 2 minutes to the gentleman from plus in the future. definition that we should not fund Missouri (Mr. SKELTON). If we do offset it, what are we going emergency programs out of emergency Mr. SKELTON. Mr. Speaker, it pains to offset it with? There lies an entirely funds, those 350,000 people are out of me to talk about the situation in different fight, which we will get into their homes. I hope that is not what we which we find ourselves. Our colleague later when we get to the bill itself. want to do, Mr. Speaker. from New York pointed out a few mo- But the bottom line is there is a way Mr. GOSS. Mr. Speaker, I yield 2 ments ago the underfunding of the de- of avoiding this. I have introduced leg- minutes to the distinguished gen- fense budget, and I agree; of our over- islation to this effect which is of a par- tleman from New York (Mr. WALSH), committing our troops, and I agree. ticular consequence because it is budg- who is on the Committee on Appropria- But that is not the issue before us et mechanisms we need to look at. A tions and who is able to talk on this today. budget reserve account would do this. The issue before us today is whether subject. They do it in virtually every State and (Mr. WALSH asked and was given we truly recognize an emergency, as city and county government now. They permission to revise and extend his re- has been so recognized by the White have an emergency set-aside so that if marks.) House and has been so recognized by they run into problems such as these Mr. WALSH. Mr. Speaker, I thank the Senate, or whether this is to be an very real emergencies, and they are the gentleman from Florida for yield- offset against other items in the budg- going to happen, then they are able to ing me the time. et. Mr. Speaker, I rise in strong support The rule before us authorizes us to pay for it out of that amount of money, of the rule and also in strong support take up a bill that allows offsets. I which is built into the budget to begin of the emergency supplemental. This think, Mr. Speaker, that is a mistake. with, and we prevent all this. rule allows for emergency disaster help This is a matter of process. It is a mat- Do we not all want to prevent this? to thousands of people throughout the ter of doing it right. Though 80 percent Can anybody possibly enjoy what we country, and it also allows for a man- of the bill’s appropriations are for mili- are going through here? ager’s amendment that will allow for tary programs, all of the measures are It is very simple. We look back over additional CDBG funds which are off- offsets in the domestic programs. I a period of 10 years. It comes out to set. think there should be no offsets, about $5 billion or $6 billion a year. We Mr. Speaker, these people were whether they come from the military already have the White House prepar- harmed by these storms. They lost or whether they come from the domes- ing another emergency request right livestock. They in many cases lost the tic. now which would fall into this. If there farm in this disaster. This is an emergency. We do not plan are large exceptions, such as a war, In the northern part of New York on hurricanes. We do not plan on tor- whatever it may be, obviously, we State, literally thousands of power nadoes. We do not plan on floods. We do would have to waive the act in that cir- poles came down when the ice came. not plan on those international crises, cumstance and treat it in a different And then the wires laid across the such as Bosnia and Iraq. And yet, this sense. But for the average expenditure, road. Snow came on top of the wires. is not treated as an emergency. the average emergency which comes The plows could not get out. The roads This bill rescinds money from the along, it could fit into that. And then, were closed. low-income rental housing assistance, instead of talking about set-asides and Farmers were absolutely isolated. from the airport program, from the Na- how we are going to pay for it, that Some of these folks live on roads 2 tional Community Service Program, amount of money would already be put miles off the main drag with nothing from bilingual education. Should this into our budget. It makes all the sense on their road but their farm. So they bill pass in this forum, it is a sure invi- in the world. were in a terrible condition. We need to tation for a presidential veto, an invi- And, yes, there is a jolt when we ini- get this aid to them as quickly as pos- tation that I am sure will not be re- tially do it; but the bottom line is this sible so that they can get about getting fused. is less than 1 percent of the entire their lives back in order. Mr. GOSS. Mr. Speaker, may I ask budget amount that we appropriate Mr. Speaker, we have done the re- for a statement of the time remaining? each year. There is simply no reason sponsible thing. We have chosen to off- The SPEAKER pro tempore (Mr. why we are not able to do it. It is set these expenditures. That has not SNOWBARGER). The gentleman from called a rainy day fund in some States. been done in the past. We put it on the Florida (Mr. GOSS) controls 8 minutes, I think we should call it a budget re- credit card and let our children pay for and the gentleman from Ohio (Mr. serve account. those bills. We are going to pay for HALL) controls 16 minutes. I believe we should do it. I believe we these expenses now. Mr. GOSS. Mr. Speaker, I yield 2 should do it rapidly so that we can pre- The way we do it primarily is minutes to the distinguished gen- vent these incredible struggles, which through section 8 housing. And the tleman from Delaware (Mr. CASTLE). are very counterproductive to what we comments have been made that we are Mr. CASTLE. Mr. Speaker, I thank are doing in Congress. going to put people out on the street, the distinguished gentleman for yield- Mr. HALL of Ohio. Mr. Speaker, I that people are going to lose their sub- ing me the time; and I rise in what I yield 1 minute to the gentlewoman sidies, that they are going to be thrown would call tepid support of the rule from Texas (Ms. JACKSON-LEE). out of their homes. That is not true, here. (Ms. JACKSON-LEE of Texas asked Mr. Speaker. That is absolutely not I believe that what we are going and was given permission to revise and true. through could be prevented, and I extend her remarks.) March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1793 Ms. JACKSON-LEE of Texas. Mr. ters at home. What we chose instead was to more than 800,000 Americans losing Speaker, let me also add my sympathy tell the American people that although we are their housing beginning in October, and love to the Cardin family. engaged in a peacekeeping mission in Bosnia many of them elderly. The Bible says, As my colleague, the gentleman from and attending to the victims of natural disas- ‘‘Who among you, when your brother Massachusetts (Mr. KENNEDY), said, it ters around the country, there will be no relief asks for bread, would give him a seems almost without meaning to be for the economically disadvantaged, the elder- stone?’’ I ask, who among you, when here discussing these issues at this ly and the disabled to maintain affordable your brother asks for shelter, would very sad time for one of our colleagues. housing. you turn a deaf ear? Who among you, But I do want to say that what con- The second amendment moved to strike the when your brother suffers from devas- cerns me about this legislation, and I rescission of $250 million from the AmeriCorps tation in one place, would take money vigorously oppose the rule, is that we program in the supplemental emergency ap- from brothers in another place where seem to be returning to the radical leg- propriations bill. AmeriCorps embodies the they suffered devastation? islative agenda of the 104th Congress, spirit of public service where young people na- We speak of the requirements of no bipartisanship, no caring. tionwide are involved in community work, edu- budget mechanisms. Let us also speak There is no doubt that we are con- cation and senior citizen programs. of the requirements of people who are cerned as Americans about those who The National Service Program was founded trying to survive. have suffered at the hand of these ter- in the same tradition created by President Mr. HALL of Ohio. Mr. Speaker, I rible, disastrous weather events. How- Kennedy, who challenged each American citi- yield 1 minute to the gentleman from ever, this supplemental appropriations zen, ``ask not what your country can do for Vermont (Mr. SANDERS). legalization that we bring today is a you, ask what you can do for your country'' Mr. SANDERS. Mr. Speaker, let me cold wind from the winter as we enter according to the CEO of Corporation for Na- quote from a letter that I recently re- into the spring to displace thousands tional Service, Harris Wofford, the Rescissions ceived from Colchester, Vermont, from upon millions of citizens out of their mean that approximately 85% of all a senior citizen who does not have a lot housing by cutting $2.2 billion from AmeriCorps programs will be shut down by of money. She wrote, ‘‘The list of per- Section 8 housing for those who need September 1, and no new programs will start sons who qualify for the section 8 pro- housing in this Nation? Twenty-five as planned this coming summer and fall. In gram’’ that she is applying for ‘‘puts thousand people are on the list needing addition, eighty percent of the Learn and my name on a list with 990 persons public housing in Houston, Texas, Serve America Program will be closed. For the ahead of me. When you enter your sev- alone. residents of my home State of Texas, the cuts enth and eighth decade, you don’t have Section 8 housing gives a push to mean that the AmeriCorps state program will to be a rocket scientist to surmise that those who are moving from welfare to be slashed from $14 million to $2 million; the the likelihood of ever deriving benefit work. It allows opportunities for young AmeriCorps National Program, from $2 million from this program is pretty minimal.’’ families and women to be housed to $500,000; the Learn and Serve America And that is the story all over this throughout the community. We are pit- Program, from $2 million to $500,000. The country, elderly people needing afford- ting airline safety with housing for the total amount of cuts is nearly $16 million. able housing, working people needing poor. How tragic. How ridiculous. How AmeriCorps encourages its members to at- affordable housing. tend college by offering financial assistance shameless. Vote no on this rule. Mr. Speaker, at a time when we have Mr. Speaker, I include the following for tuition purposes if they complete a term of given huge tax breaks to the wealthiest service. In a single stroke, the rescissions will for the RECORD. people in America, when we spend $2 Mr. Speaker, I rise to voice my dissent to squash any hopeful expectations that the billion for B–2 bombers that the Penta- 4,181 currently qualified AmeriCorps members the rule prohibiting the two amendments I of- gon does not want, when we provide in Texas may have had to apply for the edu- fered to the emergency supplemental appro- $125 billion a year on corporate welfare, cation awards. priations bill. In summary, the fate of the AmeriCorps Pro- we do not have to continue the assault The first amendment moved to strike the re- gram is now tied to that of the emergency on affordable housing and on edu- scission of $1.9 billion cuts from the Depart- supplemental bill and unnecessarily, I may cation. ment of Health and Urban Development Yes, the Northeast and the rest of add. I hope that for the sake of our young (HUD) Section 8 program. The program pro- people that AmeriCorps will be saved. this country was hurt by a disaster; vides Section 8 subsidies to owners of low in- Thank you for allowing me to voice my dis- and, as Americans, we must rise up, as come housing. sent to the rule before the committee. we always have, to protect those people The program is among our Nation's core Mr. HALL of Ohio. Mr. Speaker, I who were hurt. But let us not take housing programsÐit provides safe, decent yield 1 minute to the gentleman from away from the elderly and the working and affordable housing to families, the elderly Ohio (Mr. KUCINICH). people and the poor to do so. It is un- and the disabled. (Mr. KUCINICH asked and was given necessary. Vote down this rule and sup- It is, therefore, a shame that I will not be permission to revise and extend his re- port emergency relief. able to give voice to the supporters of the marks.) Mr. HALL of Ohio. Mr. Speaker, I Section 8 program since there are many sup- Mr. KUCINICH. Mr. Speaker, I am a yield 11⁄2 minutes to the gentleman porters. The American people strongly support strong supporter of maintaining our from Massachusetts (Mr. FRANK). this program. The administration and the presence in Bosnia until lasting peace Mr. FRANK of Massachusetts. Mr. Banking Committee Democrats support this is established. I was privileged to visit Speaker, while I am not authorized, I program. our troops in Bosnia to witness the think on behalf of the Clinton adminis- Because of the Draconian cuts in this pro- progress being made. Our continued tration I can thank the Republican gram, 2.1 million units now are at risk and 4.4 presence in that region is important to Party. million Americans face the cold possibility of the stability of the region. Yet I rise to There has been a lot of controversy homelessness. oppose the rule and the emergency sup- about the President’s decision to have Let me be clear: A vote to restore the funds plemental appropriation bill. troops in Bosnia. This bill, if it passes taken away from the Section 8 contract sub- It is a disservice to Americans to as is, will give him full legal authoriza- sidies is not in any way a vote against the ex- force Congress to vote between full tion to keep troops in Bosnia longer. penditures for recovery efforts from natural funding of important domestic pro- The current law says the funding disasters, support of our troops in Bosnia, IMF grams and funding for peacekeeping. It runs out June 30. This appropriations loans or the payment of arrearages to the is a disservice that is not necessary. bill specifically earmarks $486 million U.N. The two are unrelated. Therefore, it is These appropriations do not have to be to continue the troops in Bosnia be- disappointing to me that the Section 8 sub- offset. A choice between helping the yond the June 30 deadline. For as long sidies were used to offset the emergency ap- survivors of genocide overseas and the as this appropriations bill is in effect, propriations when such offsets were not re- much-needed domestic programs in the it gives the President the authority to quired to keep the budget balanced. We had United States is a choice worthy of keep the troops in Bosnia. the opportunity to provide for the Section 8 this House. Now I differ with the President. Be- program and to address the urgent needs aris- $1.9 billion in low-income housing as- cause the Republican Party believes ing in Bosnia and areas hit by natural disas- sistance is at risk here, resulting in that to pay for the additional 3 months H1794 CONGRESSIONAL RECORD — HOUSE March 31, 1998 in Bosnia prospective, not because of in the end of the fiscal year after we for the fact that our President has any back pay, we should cut section 8. get back in June. forced our troops to stay in Bosnia or The President and the Republican So I would urge the Members to vote the Iraqi situation, when our genera- Party both want to keep troops in Bos- against this rule. I will offer a motion tion spends that money, we do have a nia for 3 more months. I disagree. The to reconsider in the bill which will moral and ethical responsibility to pay Republicans want to pay for it in part eliminate the offsets, and I think it is for what we are spending. with section 8 reductions. The Presi- important that the Members of the Before 1995 nobody ever paid for these dent disagrees. House recognize the seriousness that bills. They just simply spent the I think the President’s position, this supplemental is in if it passes the money, and it was tacked onto the while wrong, is a little better than House because there is a great danger amount of debt that we are going to theirs. But be very clear, if we pass that neither will be reconciled and that pass on to our children. Since 1995 I am this bill—and I offered an amendment the Defense Department, because of the happy to say that has changed, and that was rejected by the Committee on short time they have left, will lay off since 1995 every time one of these Rules that would have let the House substantial numbers of civilian em- supplementals the has been proposed, vote and restrict and give the Presi- ployees. at least in budget authority the spend- dent only 1 more month in Bosnia and So I urge the Members to vote ing has been offset. That is, we have then they would have had to pull out in against this rule, come back with an- paid attention to where the money is 90 days. But this bill, and we are not other rule where we can offer some coming from. talking about past money owed to Bos- amendments which will allow us to ad- Somehow in this city, in Washington, nia that was authorized and appro- just the bill. D.C., I get out here and there seems to priated through June 30, this bill says Mr. GOSS. Mr. Speaker, I yield 2 be this huge disconnect between spend- $486 million for July and August and minutes to the distinguished gen- ing money and where the money is September. tleman from Wisconsin (Mr. NEUMANN). coming from. That money is coming Mr. NEUMANN. Mr. Speaker, I would b 1245 from the taxpayers’ pocket; it is not like to express my appreciation to the free. Pass this bill as is, those of my col- Committee on Rules for making the leagues who vote for this rule and this Mr. GOSS. Mr. Speaker, my under- amendment, the Neumann-McIntosh standing of the situation is that the bill, and understand that there is no amendment, self-enacting in this rule. distinguished gentleman from Ohio has basis for criticizing the placement of The amendment that we propose to one more speaker, and he is going to the troops in Bosnia. My colleagues are this bill would simply say that if we yield to that speaker in a minute. I am voting here prospectively to give the spend money, if our generation is going going to yield to the distinguished gen- President authority, but I am not sure to spend money on something useful tleman from California (Mr. how grateful he will be in the end. and productive, that we have to pay CUNNINGHAM) and then ask the gen- Mr. HALL of Ohio. Mr. Speaker, I the bill for it. tleman from Florida (Mr. YOUNG) to yield 2 minutes to the very distin- I have heard a lot of discussion out close for our side. guished gentleman from Pennsylvania here today about whether or not this Mr. Speaker, I yield 2 minutes to the (Mr. MURTHA). should be paid for, or offset, as we call Mr. MURTHA. Mr. Speaker, let me it here in Washington. We need to all distinguished gentleman from Califor- say what worries me about this whole understand that the alternative is not nia (Mr. CUNNINGHAM). procedure. simply that money is going to flow to Mr. CUNNINGHAM. Mr. Speaker, We anticipated that this bill would here from heaven or some other way. Alan Greenspan has told us that we come out of committee not offset. We The alternative to not paying for this dare not break the budget caps, that expected to have some sort of a vote on bill is that we simply add it to the debt the growing economy, interest rates, the floor, where on the floor they could that is going to be passed on to our low inflation are because of that, that make a decision one way or the other. children. the balanced budget is a very impor- Now the normal procedure in the I am not opposed to spending money tant document that we bipartisanly House is that we pass a version and the for an emergency disaster relief bill. I worked on in this House. But if my col- Senate passes another version, and in think that most people in Wisconsin leagues take a look, we pay nearly a most cases we can reconcile that. Here and most people in this country would billion dollars a day on just the inter- is the problem with this bill: This bill look at a disaster situation and say we est of the debt. That is before we pay is so different from the Senate version are willing to help the folks that have for anything, one area. of the bill. From everything I can get been hit by this disaster. I think that Now some of us feel that those off- from the Defense Department, there is is common sense in America, and I sets, some offsets are good, but one a high degree of possibility that we will think common decency in America cannot find any offsets in this body be laying off civilian employees in the would allow us to do that. The question that people will agree on that is not Defense Department after this is is, when we spend the money to help painful, should it be National Endow- passed because they cannot anticipate those people where the disaster has oc- ment for the Arts, should it be that a bill will be passed finally that curred, do we offset that spending by AmeriCorps that costs $27,000 per vol- will be agreed to beyond the Senate reducing government spending else- unteer, should it be such things as bi- and the House. where someplace in the budget, and lingual education, which over 72 per- For instance, the version in the Sen- that is really what is being debated cent of Californians want to get rid of ate side has IMF in, it has all the here. because we are last in literacy, it has things that many Members in the I heard a lot from the other side that been in effect all this time. House do not agree on. The House obvi- we cannot do the offsets in the way But regardless, it is difficult, and we ously does not have all those things in they have been proposed, but I have are going to have to make those kinds it. The Mexico City language will come heard very little about what we might of decisions, but we feel that instead of into play. do instead to reduce wasteful Washing- going ahead and spending the money, So we have a strong possibility, if ton or wasteful government spending which when we did not have the major- this rule passes and we are not able to someplace else. If somebody has got a ity was the case for 30 years that put amend it, that this bill may never be better idea of how to reduce spending us into debt, then we have got to offset passed into law. It means that training elsewhere so that we do not have to these and it is going to be painful. will be cut back substantially, it pass this additional expenditure on to I disagree with my own side on the means that we could only train at the our kids, I for one would certainly be housing issue; I think that is one area platoon level, that recruiting would listening. where we need to invest, but I would have to be cut back. The Defense De- But the bottom line is this: If our also say that Somalia was put there by partment right now is working on a generation is going to spend money on the White House. The White House did plan about what they would have to do something, on virtually anything, Haiti without our input, they armed because there is only four months left whether it be disaster relief or to pay the Muslims in Bosnia without our March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1795 input, they kept us in Bosnia, $16 bil- strips out of the bill any ability to deal served with him in the legislature, a lion without any offsets or just in- with the economic crunch facing the fellow by the name of Harvey Dueholm creases in spending. country because of the disequilibrium who said, ‘‘You know the problem in And so when we make these deploy- between Asian currencies and our own. American politics is that all too often ments, 300 percent uptempo increase That is, in my view, the most serious the poor and the rich get the same for our military while it is about half economic problem faced by the country amount of ice, but the poor get theirs the size, it means our kids are overseas at this time. And yet we are not going in the wintertime.’’ and doing three times the work and we to be allowed to do anything about b 1300 have a retention rate of our senior en- that despite the fact that the President listed of only 24 percent. That means requested we do so on an emergency That is what the Congress is doing by the quality. Our equipment is 1970s basis. reshuffling priorities the way it is technology. I have got squadrons that Secondly, this proposal blocks our doing it here. I can find no rule, I can have one or two airplanes left in the consideration of 75 percent of the find no rule, which governs the debate United States because their parts and President’s request for disaster assist- for supplementals, I can find no rule all the equipment has got to be to the ance. That will mean that if we have that has ever in the past denied the mi- nority an opportunity to offer an deployed units. And our kids are say- one more major storm in summer, our amendment to a supplemental appro- ing, ‘‘Enough is enough, in a growing ability to deal with emergency needs of priation. But that is what this rule economy I can’t hack this away from communities will be gone, it will be does. That alone is reason enough for my family.’’ eliminated, we will not have funds We need to offset this. The fraud, readily available to deal with those Members to turn it down. Mr. Speaker, this bill, in its refusal waste and abuse in the military and problems and we could face not only to move ahead with the IMF, rep- other areas we need to eliminate, and substantial delay in providing assist- resents a reckless disregard for the fu- it is going to be a difficult job, Mr. ance to those communities, but they would also see the need for FEMA to ture economic security needs of this Speaker. country, and we ought not to ignore Mr. HALL of Ohio. Mr. Speaker, I take money from States who have al- ready experienced disasters in order to that problem today. yield the balance of my time to the There is one other problem associ- gentleman from Wisconsin (Mr. OBEY) try to deal with those emergency prob- lems. That would slow down the recov- ated with the bill. I will be moving im- certainly the distinguished ranking mi- mediately after the rule to ask the nority member of the Committee on ery effort in States that are already re- ceiving Federal funds. House to go into executive session, Appropriations. that means secret session, to discuss a Mr. OBEY. Mr. Speaker, I thank the Thirdly, it breaches the agreement of the budget deal last year which said classified item in this bill. gentleman from Ohio (Mr. HALL) very The reason I need to do that is be- much for the time. that we would not raid domestic pro- grams to pay for defense and we would cause last year this Congress made sig- Let us review why we are here. We nificant cuts in the intelligence pro- have this legislation before us today not raid defense programs to pay for domestic, we would keep a fire wall be- grams of the country in order to pay because the President determined that for a number of projects not requested we had an emergency with respect to tween the two. This blows that away. Instead it says we are going to cut $2.2 by the administration. The two major Iraq; that we have an emergency need add-ons in the bill last year were a $700 for additional funds to support our billion in housing costs. Now it was asserted by one Member million piece of pork for the Senate troops in Bosnia; that we have had a majority leader in Mississippi, and a number of natural disasters around the on that side of the aisle that that will not cause a problem because these $500 million piece of pork for the country which require assistance to lo- funds are not needed until next year. Speaker of the House in his home State calities; we had a severe economic The fact is we do not just need $2.2 bil- of Georgia. emergency facing the country because lion in funds next year in order to Now, this bill would make further do- of the collapse of Asian currencies, renew the contracts for subsidized mestic cuts in order to restore some of something which will result in a huge housing for low-income citizens and those intelligence fund reductions. trade deficit in this country which will the elderly. We need $10.8 billion in the Since that funding is contained in the close American factories and put budget next year for that purpose or classified portion of the bill, the House American workers out of work; and else, if we do not provide that $10.8 bil- has to go into executive session to dis- that it was also time for us to pay the lion, there are going to be millions of cuss this bait-and-switch strategy. So I almost $1 billion in back dues that we low-income people and senior citizens will be making that motion at the end owe the United Nations and its associ- knocked out of their housing. of consideration of the rule. ated agencies. This bill takes 20 percent of that Mr. Speaker, I urge Members to vote The normal process under the budget money and uses it for this purpose. ‘‘no’’ on the rule, to vote ‘‘no’’ on the rules is that, if the President declares That means if it is not replaced, if it is gag rule, and to vote ‘‘no’’ on the bill. an emergency and if Congress concurs, not replaced we will have 935,000 low- This is no way to establish bipartisan that these funds will be provided with- income Americans evicted from their consensus. This is no way to establish out offsets, on the theory, for instance, supported housing, and one-third of a decent working relationship between that if God decides that there is going those folks are elderly. I do not believe the executive and legislative branches to be a hurricane somewhere, he does that is what America wants to see of government. not first have to check with the House done. We need to try to find common of Representatives to make certain This bill also terminates one of the ground between the two parties. I that his actions fit under our rules. President’s favorite programs in a thought we had done that fairly well in Some people I guess disagree with that. stick-it-in-your-eye response to the the appropriations process last year, The response that we have had from President, namely AmeriCorps. but apparently the confrontation art- the Congress and from the majority It also cuts $75 million from bilingual ists in the majority caucus won the party leadership has been to insist that education. I do not know about my col- day, and so the rule today, instead of a number of large cuts in domestic pro- leagues’ districts, but in my district I cooperation, is going to be confronta- grams be attached to the President’s have thousands of Hmong refugees who tion. I think that is highly unfortu- emergency request. And what has hap- do not even have a written language, nate. I think the best way to avoid pened is that instead of dealing with who desperately need help in order to needless confrontation is to turn down this bill in an atmosphere of concilia- learn language, and I resent the fact this rule and start over. tion and partnership, instead we are that my local taxpayers are going to Mr. GOSS. Mr. Speaker, I yield my- facing an atmosphere of extreme con- get stuck with the tab because the Fed- self such time as I may consume. frontation as a result of that decision. eral Government will not meet its re- Mr. Speaker, I would say to Members Now I believe there are 3 basic prob- sponsibilities in this area. in response to a procedural statement lems with the rule before us and with This reminds me of something an old just made by the gentleman from Wis- the legislation before us. First of all, it friend of mine used to say when I consin (Mr. OBEY) that there is no need H1796 CONGRESSIONAL RECORD — HOUSE March 31, 1998 for the House to go into secret session, Mr. Speaker, we will go into more of Rohrabacher Smith (MI) Thune Ros-Lehtinen Smith (NJ) Tiahrt because the gentleman’s complaint is the details as we have more time as we Roukema Smith (OR) Upton about the offsets, not about the need debate the bill itself. Ryun Smith (TX) Walsh for the intelligence matters. Mr. HALL of Ohio. Mr. Speaker, I Salmon Smith, Linda Wamp Mr. Speaker, I yield the balance of certainly would urge a ‘‘no’’ vote on Sanford Snowbarger Watkins Saxton Solomon Watts (OK) my time to my friend, the distin- this rule. Scarborough Souder Weldon (FL) guished gentleman from Florida (Mr. Mr. Speaker, I yield back the balance Schaefer, Dan Spence Weldon (PA) YOUNG). of my time. Schaffer, Bob Stearns Weller The SPEAKER pro tempore (Mr. Sensenbrenner Stump White Mr. GOSS. Mr. Speaker, I urge a Sessions Sununu Whitfield SNOWBARGER). The gentleman from ‘‘yes’’ vote. Shadegg Talent Wicker Florida is recognized for 2 minutes. Mr. Speaker, I yield back the balance Shaw Tauzin Wolf Mr. YOUNG of Florida. Mr. Speaker, Shays Taylor (MS) Young (AK) of my time, and I move the previous I thank the gentleman for yielding me Shimkus Taylor (NC) Young (FL) question on the resolution. time. Shuster Thomas Skeen Thornberry Mr. Speaker, in 2 minutes I certainly The previous question was ordered. do not have time to respond to all of The SPEAKER pro tempore. The NAYS—199 the arguments I heard here today. I question is on the resolution. Abercrombie Gutierrez Nadler just want to remind Members that in The question was taken; and the Ackerman Hall (OH) Neal Speaker pro tempore announced that Allen Hamilton Oberstar the last 13 years, we have seen the in- Andrews Harman Obey vestment in our national security go the ayes appeared to have it. Baldacci Hastings (FL) Olver down dramatically every year, while at Mr. HALL of Ohio. Mr. Speaker, I ob- Barcia Hefner Ortiz the same time spending on the other ject to the vote on the ground that a Barrett (WI) Hilliard Owens quorum is not present and make the Becerra Hinchey Pallone parts of the government was going up, Bentsen Hinojosa Pascrell up and up. So the argument that the point of order that a quorum is not Berman Holden Pastor gentleman from Wisconsin (Mr. OBEY) present. Berry Hooley Pelosi has just made about domestic spending The SPEAKER pro tempore. Evi- Bishop Hoyer Peterson (MN) Blagojevich Jackson (IL) Pickett versus national security, I think Mem- dently a quorum is not present. Blumenauer Jackson-Lee Pomeroy bers should analyze that very closely The Sergeant at Arms will notify ab- Bonior (TX) Poshard before making that decision. sent Members. Borski John Price (NC) I was interested in the comment that Boswell Johnson (WI) Quinn The vote was taken by electronic de- Boucher Johnson, E. B. Rahall our colleague from Massachusetts (Mr. vice, and there were—yeas 220, nays Boyd Kanjorski Reyes FRANK) made about not voting for the 199, not voting 11, as follows: Brown (CA) Kaptur Rivers Brown (FL) Kennedy (MA) Rodriguez supplemental that provides for the bal- [Roll No. 85] ance of the year in Bosnia. I would say Brown (OH) Kennedy (RI) Roemer YEAS—220 Campbell Kennelly Rothman to the gentleman, whether you vote for Capps Kildee Roybal-Allard Aderholt Ehrlich Kingston Cardin Kilpatrick Rush that or not, the President is not going Archer Emerson Klug Carson Kind (WI) Sabo to bring those troops home at the end Armey English Knollenberg Clay Kleczka Sanchez Bachus Ensign Kolbe of June. We know that and the gen- Clayton Klink Sanders Baker Everett LaHood tleman knows that. Clement Kucinich Sandlin Ballenger Ewing Largent Clyburn LaFalce Sawyer The proof of the pudding is that in 5 Barr Fawell Latham Condit Lampson Schumer years the President, without the ap- Barrett (NE) Foley LaTourette Conyers Lantos Scott Bartlett Forbes Lazio proval of the Congress, has deployed Costello Levin Serrano Barton Fossella Leach troops to the area near Iraq, to Bosnia, Coyne Lewis (GA) Sherman Bass Fowler Lewis (CA) Cramer Lipinski Sisisky to Somalia, to Rwanda, to Haiti and to Bateman Fox Lewis (KY) Cummings Lofgren Skaggs a number of other places, without hav- Bereuter Franks (NJ) Linder Danner Lowey Skelton Bilbray Frelinghuysen Livingston ing the money in advance, and then he Davis (FL) Luther Slaughter Bilirakis Gallegly LoBiondo sent us the bill. DeFazio Maloney (CT) Smith, Adam Bliley Ganske Lucas DeGette Maloney (NY) Snyder The problem is we did not appro- Blunt Gekas Manzullo Delahunt Manton Spratt priate any of this money up front, but Boehlert Gibbons McCollum DeLauro Markey Stabenow Boehner Gilchrest McCrery we got the bill and we had to pay for it. Deutsch Martinez Stark Bonilla Gillmor McDade And if we do not pay for those Dicks Mascara Stenholm Brady Gilman McHugh Dingell Matsui Stokes supplementals, and the biggest part of Bryant Goodlatte McInnis Dixon McCarthy (MO) Strickland Bunning Goodling McIntosh this defense supplemental, by the way, Doggett McCarthy (NY) Stupak Burr Goss McKeon is not Bosnia, but for the deployment Dooley McDermott Tanner Burton Graham Metcalf to the Southwest Asia area, but if we Doyle McGovern Tauscher Buyer Granger Mica Edwards McHale Thompson do not provide these funds that are al- Callahan Greenwood Miller (FL) Engel McIntyre Thurman Calvert Gutknecht Moran (KS) ready spent, we are going to have to Eshoo McKinney Tierney Camp Hall (TX) Myrick stand down training. Etheridge McNulty Torres Canady Hansen Nethercutt Tomorrow is the beginning of the Evans Meehan Towns Castle Hastert Neumann Farr Meek (FL) Traficant third quarter of this fiscal year. The Chabot Hastings (WA) Ney Fattah Meeks (NY) Turner Chambliss Hayworth Northup Army, the Navy, the Air Force, the Fazio Menendez Velazquez Chenoweth Hefley Norwood Marine Corps are all going to have to Filner Millender- Vento Christensen Herger Nussle Ford McDonald Visclosky stand down training. They are not Coble Hill Oxley Frank (MA) Miller (CA) Watt (NC) going to be able to get the spare parts Coburn Hilleary Packard Frost Minge Waxman Collins Hobson Pappas that they need to keep the equipment Furse Mink Wexler Combest Hoekstra Parker working that is already being worn Gejdenson Moakley Weygand Cook Horn Paul Gephardt Mollohan Wise out. Our troops are being worn out be- Cooksey Hostettler Pease Goode Moran (VA) Woolsey Cox Houghton Peterson (PA) cause of these deployments. Gordon Morella Wynn Crane Hulshof Petri There is no question we have to pay Green Murtha Yates the bill in order to support our own Crapo Hunter Pickering Cubin Hutchinson Pitts NOT VOTING—11 troops. But we would be better served Cunningham Hyde Pombo Baesler Jefferson Riggs if we were to get the message to the Davis (VA) Inglis Porter Cannon Paxon Royce Deal Istook Portman President that before you start these Davis (IL) Payne Waters DeLay Jenkins Pryce (OH) Gonzalez Rangel major deployments that you will send Diaz-Balart Johnson (CT) Radanovich us the bill for later on, you had better Dickey Johnson, Sam Ramstad b come to Congress and get some kind of Doolittle Jones Redmond 1324 support here, or at least some indica- Dreier Kasich Regula Mr. BERRY and Mr. MCHALE Duncan Kelly Riley tion of whether you have the support Dunn Kim Rogan changed their vote from ‘‘yea’’ to or not. Ehlers King (NY) Rogers ‘‘nay.’’ March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1797 Mr. TAYLOR of North Carolina and Lipinski Neal Skaggs Smith (MI) Talent Watkins Lofgren Oberstar Skelton Smith (NJ) Tauzin Watts (OK) Mr. HEFLEY changed their vote from Lowey Obey Slaughter Smith (OR) Taylor (MS) Weldon (FL) ‘‘nay’’ to ‘‘yea.’’ Luther Olver Smith, Adam Smith (TX) Taylor (NC) Weldon (PA) So the resolution was agreed to. Maloney (CT) Ortiz Snyder Smith, Linda Thomas Weller The result of the vote was announced Maloney (NY) Owens Spratt Snowbarger Thornberry White Manton Pallone Stabenow Solomon Thune Whitfield as above recorded. Markey Pascrell Stark Souder Tiahrt Wicker A motion to reconsider was laid on Martinez Pastor Stenholm Spence Traficant Wolf the table. Mascara Pelosi Stokes Stearns Upton Young (AK) Matsui Peterson (MN) Strickland Stump Walsh Young (FL) f McCarthy (MO) Pickett Stupak Sununu Wamp McCarthy (NY) Pomeroy Tanner McDermott Poshard Tauscher NOT VOTING—10 MOTION THAT THE HOUSE RE- McGovern Price (NC) Thompson Becerra Jefferson Royce SOLVE ITSELF INTO SECRET McHale Rahall Thurman Cannon Payne Waters SESSION McIntyre Reyes Tierney Gonzalez Rangel McKinney Rivers Torres Hoyer Riggs Mr. OBEY. Mr. Speaker, to enable Towns McNulty Rodriguez b the House to discuss an item in the Meehan Roemer Turner 1345 classified annex to this bill, I offer a Meek (FL) Rothman Velazquez Mr. PICKERING changed his vote Meeks (NY) Roybal-Allard Vento motion. Menendez Rush Visclosky from ‘‘aye’’ to ‘‘no.’’ The SPEAKER pro tempore (Mr. Millender- Sabo Watt (NC) So the motion was rejected. SNOWBARGER). The Clerk will report McDonald Sanchez Waxman The result of the vote was announced Miller (CA) Sanders Wexler as above recorded. the motion. Minge Sandlin Weygand The Clerk read as follows: Mink Sawyer Wise A motion to reconsider was laid on Woolsey Mr. OBEY moves, pursuant to rule XXIX, Moakley Schumer the table. Wynn that the House resolve itself into secret ses- Mollohan Scott f Moran (VA) Serrano Yates sion, that the galleries of the House Chamber Murtha Sherman REMOVAL OF NAME OF MEMBER be cleared of all persons, and that the House Nadler Sisisky Chamber be cleared of all persons except the AS COSPONSOR OF HOUSE JOINT Members of the House and those officers and NOES—227 RESOLUTION 111 employees specified by the Speaker whose Aderholt Foley Livingston Mr. BARTON of Texas. Mr. Speaker, attendance on the floor is essential to the Archer Forbes LoBiondo I ask unanimous consent to remove the functioning of the House and who subscribe Armey Fossella Lucas name of the gentleman from Illinois to the notarized oath of confidentiality. Bachus Fowler Manzullo Baker Fox McCollum (Mr. JOHN PORTER) as a cosponsor of The SPEAKER pro tempore. The gen- Ballenger Franks (NJ) McCrery House Joint Resolution 111. tleman from Wisconsin (Mr. OBEY) Barr Frelinghuysen McDade The SPEAKER pro tempore (Mr. qualifies by citing rule XXIX that he Barrett (NE) Gallegly McHugh SNOWBARGER). Is there objection to the has secret communications to make to Bartlett Ganske McInnis Barton Gekas McIntosh request of the gentleman from Texas? the House. Bass Gibbons McKeon There was no objection. The question is on the nondebatable Bateman Gilchrest Metcalf f motion offered by the gentleman from Bereuter Gillmor Mica Bilbray Gilman Miller (FL) GENERAL LEAVE Wisconsin (Mr. OBEY). Bilirakis Gingrich Moran (KS) The question was taken; and the Bliley Goode Morella Mr. LIVINGSTON. Mr. Speaker, I ask Speaker pro tempore announced that Blunt Goodlatte Myrick unanimous consent that all Members the noes appeared to have it. Boehlert Goodling Nethercutt may have 5 legislative days in which to Boehner Goss Neumann RECORDED VOTE Bonilla Graham Ney revise and extend their remarks on the Mr. OBEY. Mr. Speaker, I demand a Brady Granger Northup bill (H.R. 3579) making emergency sup- Bryant Greenwood Norwood plemental appropriations for the fiscal recorded vote. Bunning Gutknecht Nussle A recorded vote was ordered. Burr Hall (TX) Oxley year ending September 30, 1998, and for The vote was taken by electronic de- Burton Hansen Packard other purposes, and that I may include vice, and there were—ayes 194, noes 227, Buyer Hastert Pappas tabular and extraneous material. Callahan Hastings (WA) Parker The SPEAKER pro tempore (Mr. not voting 10, as follows: Calvert Hayworth Paul [Roll No. 86] Camp Hefley Paxon SNOWBARGER). Is there objection to the Campbell Herger Pease request of the gentleman from Louisi- AYES—194 Canady Hill Peterson (PA) ana? Abercrombie Cramer Gutierrez Castle Hilleary Petri There was no objection. Ackerman Cummings Hall (OH) Chabot Hobson Pickering Allen Danner Hamilton Chambliss Hoekstra Pitts f Andrews Davis (FL) Harman Chenoweth Horn Pombo Baesler Davis (IL) Hastings (FL) Christensen Hostettler Porter 1998 EMERGENCY SUPPLEMENTAL Baldacci DeFazio Hefner Coble Houghton Portman APPROPRIATIONS ACT Barcia DeGette Hilliard Coburn Hulshof Pryce (OH) Barrett (WI) Delahunt Hinchey Collins Hunter Quinn The SPEAKER pro tempore. Pursu- Bentsen DeLauro Hinojosa Combest Hutchinson Radanovich ant to House Resolution 402 and rule Berman Deutsch Holden Cook Hyde Ramstad XXIII, the Chair declares the House in Berry Dicks Hooley Cooksey Inglis Redmond Bishop Dingell Jackson (IL) Cox Istook Regula the Committee of the Whole House on Blagojevich Dixon Jackson-Lee Crane Jenkins Riley the State of the Union for the consider- Blumenauer Doggett (TX) Crapo Johnson (CT) Rogan ation of the bill, H.R. 3579. Bonior Dooley John Cubin Johnson, Sam Rogers Borski Doyle Johnson (WI) Cunningham Jones Rohrabacher b 1348 Boswell Edwards Johnson, E. B. Davis (VA) Kasich Ros-Lehtinen Boucher Engel Kanjorski Deal Kelly Roukema IN THE COMMITTEE OF THE WHOLE Boyd Eshoo Kaptur DeLay Kim Ryun Accordingly the House resolved itself Brown (CA) Etheridge Kennedy (MA) Diaz-Balart King (NY) Salmon into the Committee of the Whole House Brown (FL) Evans Kennedy (RI) Dickey Kingston Sanford on the State of the Union for the con- Brown (OH) Farr Kennelly Doolittle Klug Saxton Capps Fattah Kildee Dreier Knollenberg Scarborough sideration of the bill (H.R. 3579) mak- Cardin Fazio Kilpatrick Duncan Kolbe Schaefer, Dan ing emergency supplemental appropria- Carson Filner Kind (WI) Dunn LaHood Schaffer, Bob tions for the fiscal year ending Sep- Clay Ford Kleczka Ehlers Largent Sensenbrenner Clayton Frank (MA) Klink Ehrlich Latham Sessions tember 30, 1998, and for other purposes, Clement Frost Kucinich Emerson LaTourette Shadegg with Mr. LAHOOD in the chair. Clyburn Furse LaFalce English Lazio Shaw The Clerk read the title of the bill. Condit Gejdenson Lampson Ensign Leach Shays The CHAIRMAN. Pursuant to the Conyers Gephardt Lantos Everett Lewis (CA) Shimkus Costello Gordon Levin Ewing Lewis (KY) Shuster rule, the bill is considered as having Coyne Green Lewis (GA) Fawell Linder Skeen been read the first time. H1798 CONGRESSIONAL RECORD — HOUSE March 31, 1998 Under the rule, the gentleman from Mr. BUYER. Mr. Chairman, if the Bosnia and in Iraq in the amount of Louisiana (Mr. LIVINGSTON) and the gentleman will continue to yield, this $1.8 billion. It also provides $575 million gentleman from Wisconsin (Mr. OBEY), is our opportunity to structure a de- in assistance to those suffering from each will control 30 minutes of debate bate so that there will be clarity and natural disasters throughout the coun- confined to the bill; and the gentleman understanding. try. Mr. OBEY. Mr. Chairman, with all from Colorado (Mr. SKAGGS) and a Since this last fall, there have been due respect, our opportunity was by Member opposed, each will control 15 typhoons, ice storms, excessive rains minutes of debate confined to title III. voting down the rule and coming back The Chair recognizes the gentleman with a new rule. That is the way the causing flooding and mud slides, beach erosion, late spring hard freezes and from Louisiana (Mr. LIVINGSTON). House is supposed to operate under reg- tornadoes. Because of these extreme PARLIAMENTARY INQUIRY ular order. If the gentleman was not Mr. BUYER. Mr. Chairman, I have a satisfied with the rule, he should have weather conditions, there has been sig- parliamentary inquiry. voted against it. nificant widespread damage to crops, The CHAIRMAN. The gentleman will Mr. SKAGGS. Mr. Chairman, will the livestock, natural resources and the state it. gentleman yield? country’s infrastructure. Mr. BUYER. Mr. Chairman, as I un- Mr. OBEY. I yield to the gentleman The funding in this bill provides as- derstand the rule here to be structured, from Colorado. sistance to farmers, ranchers and there will be 60 minutes debate on the Mr. SKAGGS. Mr. Chairman, I think dairymen. It funds repairs to highways, present bill and then the gentleman what we have is an ambiguity in the railroads, harbors and flood control fa- from Colorado (Mr. SKAGGS) will be de- way the rule deals with this 30 minutes cilities, national parks, forests and bating for 30 minutes. allocated to this particular issue. I wildlife refuges and agricultural flood I ask unanimous consent that the would assume the Chair has discretion, prevention facilities. In addition to first 30 minutes be debated on the un- given that ambiguity, to deal with it as providing direct support to the troops derlying measure, the middle 30 min- seems reasonable. I had understood the in Bosnia and Iraq, the bill also funds utes to be shared equally, 15 minutes gentleman from Wisconsin in particu- by the gentleman from Colorado (Mr. lar, through his staff, to be concerned repairs to military facilities caused by SKAGGS), 15 minutes by myself leading that we not have this 30-minute debate typhoons, ice storms and the El Nino- in opposition, with the remaining 30 follow the general debate on the bill. I related extreme weather. minutes to the gentleman from Wis- think that is what informs the gen- The funding in this bill is fully offset consin (Mr. OBEY) and the gentleman tleman from Indiana. with an equal amount of rescissions. from Louisiana (Mr. LIVINGSTON). PARLIAMENTARY INQUIRY This is consistent with the policy The CHAIRMAN. Is there objection Mr. BUYER. Mr. Chairman, I have a adopted by the Republican majority to the request of the gentleman from parliamentary inquiry. when we took control of the Congress Indiana? The CHAIRMAN. On the assumption in January of 1995. The struggle to off- Mr. OBEY. Mr. Chairman, reserving that the gentleman from Wisconsin set emergency supplemental bills gets the right to object, we have just had a yields for the purpose, the gentleman harder every year. With lean regular rule passed which denied the minority will state it. an opportunity to offer any significant appropriations bills and half the year Mr. BUYER. Mr. Chairman, I under- already over, it is even more difficult. amendment whatsoever. It is a rule stand we have pending a reservation on that I strenuously opposed and asked my unanimous consent request. My The leadership, and I agree that we the House to turn down. parliamentary inquiry is, is it within should not go deeper into the defense Now I understand that the gentleman the prerogative of the Chair to des- function to pay for peacekeeping mis- is asking unanimous consent that some ignate time if there is 60 minutes de- sions. And, in fact, I think one can other arrangement be agreed to other bate on the underlying measure, and in make a very good case that the non- than that in the rule. I, for the life of the rule it states 30 minutes on the deployed forces would be unfairly me, do not understand why we ought to gentleman from Colorado (Mr. robbed to keep the deployed forces do that. If Members did not like the SKAGGS), whether the first 60 minutes going. rule, then I wish they would have fol- would in fact be on Mr. LIVINGSTON’s After a very tight regular defense ap- lowed my request and voted against it bill, and the remainder on the Skaggs propriations bill and a continued pro- as I did. provision, would it be within the Mr. BUYER. Mr. Chairman, will the liferation of unbudgeted peacekeeping Chair’s prerogative to designate the gentleman yield? missions, we are simply not able to Mr. OBEY. I yield to the gentleman time? find the defense programs and activi- The CHAIRMAN. The Chair intends from Indiana. ties that we could reduce that are re- Mr. BUYER. Mr. Chairman, the only at this moment to accommodate the moved from the direct support of the reason I asked for this is to make sure preference of the chairman of the com- peacekeeping missions, which would that the debate is structured. If we are mittee, as the rule is structured, by also not hurt overall national security. going to take the 90 minutes and have starting with the chairman and the Cutting them would only result in a it commingled with the measure of the ranking minority member of the com- weakening of one element of national gentleman from Colorado (Mr. mittee. security to help another. It makes no Is there objection to the request of SKAGGS), it would be lost in the debate. sense to hobble national security in the gentleman from Indiana? Not only for the Members, but also for Mr. OBEY. Mr. Chairman, for the this manner. Therefore, the offsets in- the American people to understand this reasons I have stated, since we were cluded in the bill are all in the non- important measure with regard to given no consideration whatsoever in defense area. tying the hands of the Presidency, we our desire to offer even a single amend- The funds proposed for rescission are should be able to debate for clarity. Mr. OBEY. Mr. Chairman, I under- ment to this amendment, I object to generally in excess to those that would stand the gentleman’s concern, but the unanimous consent request. be needed this fiscal year. They have The CHAIRMAN. Objection is heard. with all due respect, we wanted the de- no impact during this fiscal year for The gentleman from Louisiana (Mr. the most part. You will hear a lot of bate structured, too. We wanted to LIVINGSTON) is recognized for 30 min- have a structured debate on offsets. We worried talk today about the impact of utes. those rescissions and their impact will wanted to have a structured debate on (Mr. LIVINGSTON asked and was the fact that this rule does not allow 75 not be felt if their restoration is ac- given permission to revise and extend complished later on. percent of the President’s request. We his remarks.) wanted a structured rule, too. We were Mr. LIVINGSTON. Mr. Chairman, I But they are excess funds right now, not given that. Under those cir- yield myself such time as I may con- and we need offsets, and that is why we cumstances, I do not see why I should sume. have chosen them. We will be able to accommodate this request when we I am pleased to bring this emergency consider restoring them at the appro- were turned down on every single re- supplemental appropriations bill to the priate time later on. We need to pass quest that we made to structure the floor today. This bill provides impor- this bill today to move the process for- rule. tant funding to sustain our troops in ward, making emergency supplemental March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1799 appropriations a real possibility. I urge At this point in the RECORD, I would ing the status of this bill since adop- support of this fiscally responsible bill. like to insert a detailed table reflect- tion of the rule governing its consider- ation. H1800 CONGRESSIONAL RECORD — HOUSE March 31, 1998 March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1801 H1802 CONGRESSIONAL RECORD — HOUSE March 31, 1998 March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1803 Mr. LIVINGSTON. Mr. Chairman, I that this should be treated as we be- will have spent $9.4 billion on Bosnia. reserve the balance of my time. lieve it should be, as an emergency. In fact, Mr. Chairman, if we look at the Mr. OBEY. Mr. Chairman, I yield 4 But let me go further on why I think previous 7 years, we have spent $15 bil- minutes to the distinguished gen- this bill is ill-advised. The Republican lion on contingencies around the world. tleman from Missouri (Mr. GEPHARDT), leadership has refused to allow the Now, the problem in the Congress is minority leader. House to consider all the supplemental not that we oppose going into Bosnia. (Mr. GEPHARDT asked and was requests the President has forwarded. That is not the issue. The problem in given permission to revise and extend They left out the International Mone- Bosnia is why was America asked to his remarks.) tary Fund request. We have countries put in 36,000 troops while the Germans, Mr. GEPHARDT. Mr. Chairman, I in Asia going into bankruptcy. The right next door, put in 4,000 troops? rise in strong opposition to this disas- only thing that is keeping many of Why are we paying the costs for the ter relief and Bosnia-Iraq Supple- them afloat so that we do not lose troops, the housing and food for the mental Appropriations Act. I strongly more exports and have more unneeded Bangladesh military in Haiti? support the provisions in this legisla- imports in this country is the IMF re- The problem is that this administra- tion that help Americans who have quest. If it sits for another 5, 6, 8 tion has not done enough to get our al- been involved in disasters around the weeks, what will happen to the IMF lies to kick in their fair share of the country. I strongly support the activ- and the countries that need help? cost of these deployments. ity of our military in Bosnia and Iraq. Finally, there is the matter of United Look at Desert Storm. The Desert And I hope that we can get to a piece Nations dues. Here we are today, the Storm operation cost us $52 billion. We of legislation as quickly as possible leader of the world, the leader of the were reimbursed $54 billion. But that that will support all of those efforts. United Nations, and we cannot find a has not been the case for the past 6 and I know full well how important those way to bring ourselves to pay our dues. 7 years. We have seen time and again efforts are. We had a big flood in my We have the unseemly situation where money taken away from readiness, district in 1993 and in 1995. I stood on the Secretary General has gone and from modernization, from R&D, from this floor and pleaded with the House made a peace in Iraq, which is good for those programs that we agreed to with- to give timely help to my constituents, the entire world, and he cannot get the in a 5-year balanced budget context to and the House did. So I have a very leader of the world to pay our debts, be used to pay for deployments, none of deep feeling about the need for this leg- our dues to the United Nations. which were budgeted for. The President wanted that in this islation. But the Republican leader- Therefore, we need to restore this bill, and it is not. It is being separated ship, just as they did a year ago, has money because the quality of life for out. And all of this is being made sub- refused to act responsibly and in a our troops is at stake, because the ject to an untimely and unneeded re- straightforward manner to provide modernization of our systems is at quest on the part of the Republicans these funds that have been requested stake, and because we have robbed the again to put a family planning issue by the administration. military to the core, to the bone. which has no place in any of this legis- Talk to our troops in the field, Mr. b 1400 lation as part of that legislation. Chairman. Listen to those young kids My colleagues, this is the wrong bill. They have insisted wrongly, in my in Somalia who are on their second and It has been constructed in the wrong view, on offsets which can be done third straight deployments. Listen to way. It has the wrong offsets. I am for under our budget act but which are not their stories of being away from home the disaster relief, and I am for giving required under our budget act. In fact, because of the cuts that we have made. the money for our troops in Iraq and we have provisions in our budget act We need to understand these monies Bosnia, but not in this form, not with that say that expenses like this which are desperately necessary to replenish are truly emergencies do not need to be these offsets. Vote for the motion to recommit. funds that have been taken away from offset. But, again, the Republican lead- Vote for the motion to recommit to the military to pay for deployments ership has decided to put in offsets; fund these programs properly. If that that were never considered priorities and, in my view, these offsets are very fails, vote against this legislation. It is by this administration when our troops damaging in many, many areas of life the wrong thing to do. were committed in the first place. in our country. Mr. LIVINGSTON. Mr. Chairman, I I ask my colleagues to support this Let me just mention some. It will yield 3 minutes to the gentleman from appropriation measure, to oppose any hurt children who need help so that Pennsylvania (Mr. WELDON), a distin- measure to change it, to support the they can learn English. It will under- guished member of the Committee on leadership of the gentleman from Lou- mine the ability of our airports to con- National Security, after which I will isiana (Mr. LIVINGSTON) and the gen- struct needed runway enhancements yield to him for a colloquy. tleman from Florida (Mr. YOUNG) be- and install new security equipment, as (Mr. WELDON of Pennsylvania asked cause what they are doing is right for we are trying to do in St. Louis, Mis- and was given permission to revise and our troops, it is right for America, and souri. It would effectively end the extend his remarks.) it is right for our role in the world Americorps program and could lead to Mr. WELDON of Pennsylvania. Mr. today. more than a 100,000 of our elderly citi- Chairman, first of all, let me thank the Mr. LIVINGSTON. Mr. Chairman, I zens losing their housing. I do not chairman of the full committee and the yield such time as he may consume to think these are the trade-offs that we chairman of the Subcommittee on Na- the gentleman from Pennsylvania (Mr. should be considering when we are con- tional Security for this piece of legisla- WELDON) for the purposes of colloquy sidering emergency legislation. tion. I think we need to get to the only. These are emergency items. That is heart of the issue here and what is at Mr. WELDON of Pennsylvania. Mr. why we put that into the budget. These stake. Why do we need this supple- Chairman, the supplemental appropria- were things that were unforeseen when mental and why do we need to not fur- tions measure before the House today the budget was put together. If they ther degradate the dollars to support goes a long way to support the needs of had been foreseen, we would have found our military? our troops, supporting the added cost room in the budget. And we may find Mr. Chairman, if we look at the facts, of Bosnia and Iraqi enforcement oper- room in next year’s budget. But to now in the past 6 years we have seen our ations while ensuring that we are not come at the 11th hour and wipe out troops deployed 25 times at home and further eroding a defense budget that is these domestic programs so that we around the world. Now if we compare already stretched too thin. can take care of bona fide emergencies that to the previous 40 years, they were As we move the bill forward, we must makes no sense. deployed 10 times. Now, Mr. Chairman, consider the many remaining needs of If Members want an alternative ap- the problem is that none of those 25 de- our troops around the globe. Of par- proach, we will have a motion to re- ployments were budgeted for; none of ticular concern to our military com- commit that I urge Members on both those 25 deployments were paid for. manders stationed abroad are the in- sides of the aisle to vote for that would In the case of Bosnia, Mr. Chairman, creasing range of missile threats, par- simply take out the offsets and say by the end of the next fiscal year we ticularly those that could emerge this H1804 CONGRESSIONAL RECORD — HOUSE March 31, 1998 year as a result of Russian technology LIVINGSTON), chairman of the full com- By far the largest portion of these cuts, transfers. mittee; the entire Committee on Ap- about three-quarters of the total, fall Last night, the House unanimously propriations members and staff; and on section 8 housing assistance. This adopted an authorization bill, H.R. particularly my colleagues, the gen- program helps people with very low in- 2786, designed to enhance our missile tleman from New York (Mr. WALSH); comes afford one of the basic neces- defense systems against that very and the gentleman from New York (Mr. sities of life, a place to live. threat. Unfortunately, due to the tim- SOLOMON), chairman of the Committee Of the 2.8 million households receiv- ing of that action, we were unable to on Rules, for their very effective work ing section 8 housing assistance, 32 per- include those funds in this supple- on this bill. cent are elderly, another 11 percent are mental. However, it is my understand- As we have heard here today, Mr. disabled, 50 percent are families with ing that the administration supports Chairman, this is an initiative to try children. Their median income is just execution of the actions in H.R. 2786 in to redress a good many problems that over $7,500 per year. The funds being re- fiscal year 1998. are in this land today. People are scinded are reserves that are urgently Mr. LIVINGSTON. Mr. Chairman, if struggling with the challenges of deal- needed to help meet the cost of renew- the gentleman will yield, the gen- ing with natural disasters, and I think ing section 8 housing assistance con- tleman is correct. Not only are we in by that very reason alone it deserves tracts expiring next year. complete agreement with the need to all of our unqualified support. If this rescission is allowed to stand ensure effective missile defenses for I just want to talk a moment about and the funds are not replaced, con- our troops abroad, but we agree that one particular portion, and that is the tracts for 410,000 units of section 8 these actions should remain a funding assistance that is provided for the housing would not be renewed and the priority for fiscal year 1998. Although dairy farmers of this Nation. elderly and disabled people and young the administration limited the Bosnia I know that some of this funding, families living in these apartments supplemental to paying for the cost of particularly as it relates to the com- would face the choice of paying large that operation in the Persian Gulf, pensation for diminished milk produc- increases in rent, which they cannot they are now supporting execution of tion, is unprecedented and that some afford, or losing their place to live. theater missile defense enhancements Members are concerned about this fact. We have more than 5 million low-in- this year. But let there be no mistake about it, come families with worst-case housing Mr. WELDON of Pennsylvania. Mr. Mr. Chairman, the losses in northern needs receiving no Federal housing as- Chairman, it is my understanding that New York and, in fact, throughout the sistance at all. Waiting lists for hous- the Senate approved funding for the entire Northeast represent a very ing programs are years long in many theater missile defense enhancements unique situation. areas. The number of families helped in its supplemental bill. Given the The assistance we are providing in by Federal housing programs is going tight constraints we are working under this bill represents a small but a vi- down. here today, I will not offer an amend- tally important step on their road to In light of all this, we must stop ment, but ask the chairman and the recovery. The loss of electric power in using section 8 and other housing pro- chairman of the subcommittee to en- this region had enormous repercussions grams as the piggy bank every time sure that this funding remains in the beyond just inconvenience, although someone wants to find some money to supplemental conference report. certainly inconvenient it was. pay for something else. We ought to de- Mr. LIVINGSTON. I share the inter- New York is the Nation’s third larg- feat this bill and bring back a clean est of the gentleman in moving the est dairy producer; and, without power, supplemental appropriations bill that theater missile defense initiative for- dairy farmers were unable to milk takes care of the urgent emergency ward, and I assure my colleague that I their herd. Those few with generators needs without further devastating will do my very best to preserve nec- who could milk frequently had to dump housing and other vital domestic pro- essary funds in the supplemental con- their milk because the roads were im- grams. ference. passable. And those who were rarely, Mr. LIVINGSTON. Mr. Chairman, I Mr. Chairman, I reserve the balance on occasion, able to get to the milk yield 3 minutes to the gentleman from of my time. trucks were unable to get to plants California (Mr. CUNNINGHAM), distin- Mr. OBEY. Mr. Chairman, I yield 30 that were in operation. So the losses guished member of the Committee on seconds to the gentleman from Maine were absolutely devastating. Appropriations. (Mr. BALDACCI). The inability to milk has caused, as Mr. CUNNINGHAM. Mr. Chairman, Mr. BALDACCI. Mr. Chairman, I I said, unique problems. No milking on let us talk about those piggy banks. thank the gentleman for the time to normal schedule means sick animals, The gentleman from Missouri and his talk about the manager’s amendment. animals that contract mastitis, an ill- statements, I would like to speak di- I rise to issue my strong support for it. ness which if not treated properly can rectly to those. The ice storm of 1998 devastated 4 kill the animal. First of all, for 30 years, Democrats States in the Northeast. The damage As I said, I thank the chairman for controlled this Congress; and the debt was unlike anything ever experienced, his assistance and urge the support of has soared, where we pay over a billion and it was severe. this initiative. dollars a day on just the interest. That This amendment will provide funding Mr. OBEY. Mr. Chairman, I yield 3 is before law enforcement. That is be- through community development block minutes to the gentleman from Ohio fore education. That is before anything grants. It will address needs not met (Mr. STOKES), the distinguished rank- that we want to pay for. The liberal through other disaster relief programs, ing member of the most effective HUD Democrat leadership was against a bal- either the Federal Emergency Manage- subcommittee. anced budget because that limits their ment Agency or the Small Business Mr. STOKES. Mr. Chairman, I thank ability to spend. They were against a Administration. It will give States the the distinguished gentleman from Wis- tax relief for working families. flexibility to meet the critical needs of consin for yielding me the time. b residents still recovering from the I reluctantly rise in strong opposi- 1415 storm. And, most importantly, it will tion to this bill, and I say ‘‘reluc- They were against welfare reform. ease the economic burden of citizens tantly’’ because I very much favor the They just wanted to spend more money least able to bear it. emergency supplemental appropria- for it. Who has to pay all of those extra I ask my colleagues to support the tions that the bill contains. However, costs for not having a balanced budget, manager’s amendment. the construction of this bill forces me for not having tax relief? They increase Mr. LIVINGSTON. Mr. Chairman, I to oppose it. taxes and they put increase on Social yield 2 minutes to the gentleman from The biggest problem with the bill is Security tax. They cut veterans and New York (Mr. MCHUGH). the domestic rescissions that the bill military COLAs. They increase the tax Mr. McHUGH. Mr. Chairman, let me contains, none of which are required by on working families. begin by expressing my appreciation to the budget rules and all of which do So the record is very clear. But who the gentleman from Louisiana (Mr. great damage to important programs. is going to pay for that? We had a D.C. March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1805 bill where we would waive Davis-Bacon This year, unfortunately, we now help train them and educate them. to pay for 60-year-old schools. The seem to be walking right back into the They do not even have a written lan- word ‘‘children’’ was mentioned, but do confrontation mode. There have been guage, so they are very hard to teach we think the leadership would waive numerous stories in the press reporting English. Yet, one of the programs that Davis-Bacon that saves 35 percent to that those in the majority party cau- would help us do that is being shrunk build schools in Washington, D.C.? No, cus with the more militant attitude on by a very large amount by this action. because they are tied to their union political matters simply want the Con- Then we come to the IMF. Nobody brothers. It is 35 percent savings. gress to take the President on, on a likes to come in here and ask for Again, who has to pay for that 35 per- whole range of issues. money for the International Monetary cent? Working families and senior citi- So as a result, this bill, which ought Fund. But the fact is we live in the real zens. to be an emergency appropriation world, and if we do not defend our- Alan Greenspan has told us that we which goes through rather quickly, selves in that real world, we are going cannot bust these budget caps because this bill is going to take a long time to to suffer the consequences. the interest rates right now are be- get out of the Congress, out of con- Japan has been running an irrespon- tween 2 and 8 percent lower. Now, what ference. When it gets to the President, sible fiscal policy for years. That and does that mean to working families? it is going to be vetoed in its present other actions finally led to a currency That they have more money for edu- form. That makes no sense, because we collapse in Asia. There is a huge over- cation, for their children. They have have a great deal of work to do. We productive capacity in this world in more money to buy a car, or even a have a very few days left in the legisla- certain industries, a lot of it in Asia. double egg, double cheese, double fry tive schedule to do it. Because of that currency collapse, a lot burger if they want. But it is more Let us take a look at the points of of very cheap goods which are artifi- money in their pocket instead of hav- controversy in this bill. First of all, cially underpriced because of that cur- ing to pay for the debt or come back in this bill refuses to appropriate 75 per- rency collapse are going to shortly be Washington, D.C. cent of the disaster assistance re- under way to the United States to un- They want to pay for IMF, $18 bil- quested by the President. Now, the dercut American goods. lion, when the economists debate on President does not ask for that money We are going to see plants close. We the value of that. It is $18 billion, but because he likes to ask for money. He are going to see American workers go yet we are having to find offsets. Yet, asks for it because we have had a series out of work. We are going to see the the gentleman from Missouri wants to of natural disasters around the coun- largest trade deficit in the history of pay. try. Unless we are not going to help the world. Yet, this Congress is choos- The United Nations, we pay 30 per- communities recover, we need to pro- ing to do nothing whatsoever about it cent of all peacekeeping. The President vide this money. by holding the IMF hostage to a non- has put us in Somalia without Con- The President has asked for more germane proposal. gress. They put us in Haiti without money than we have in this bill be- Then what we find is that the Speak- Congress. They have kept us in Bosnia cause he understands that with the er of the House is reported in a number without Congress. Yet, we have to pay funding of the disasters that we have of press accounts to have threatened for it. Yet, our European nations have already had, if we have any significant majority party Members of the Com- not paid for their share. storm activity in the summer, we will mittee on Appropriations with the loss They say, why can we not pay our not have the money in the till to help of their committee assignments if they bills? Well, who pays for that $18 bil- the communities who need help on the do not follow the leadership’s so-called strategy on this issue. lion? Who pays for the billions of dol- dime, immediately. I do not understand why anyone lars that go to the U.N.? The working Yet, despite the fact that on a bipar- thinks that it is for the good of Amer- families. That is what I am saying. tisan basis the Senate committee, ica that we resurrect a confrontational There is a big difference between our under the leadership of the chairman of attitude rather than a cooperative atti- plan and what the Democrats want to that committee, Senator STEVENS, de- tude in this Congress. I do not under- do, which is just spend more money spite the fact that the Senate added stand even how politically people think without offsetting it and continue with the full amount of the President’s re- that that is going to win votes in an the 30 years of tax-and-spend big gov- quest, the majority party in this House election year. I do not think it is. ernment, liberal government. We are refuses to provide that same funding. So I regretfully and respectfully ask Then in a second effort to establish not going to allow that to happen. the House to turn this bill down. I Now, it is legitimate. They feel that confrontation with the President, the know that the pragmatists on the ma- big government can do everything. We House majority party insists that to jority side of the aisle did not want to do not. There is a difference in the the President’s request it add large see this confrontation occur, but they choice, Mr. Chairman. cuts in housing, which will cut 20 per- have been overruled. I regret that. Mr. OBEY. Mr. Chairman, I yield my- cent of the funds that are needed next Until such time as reason prevails, we self 8 minutes. year to sign the contracts to sustain Mr. Chairman, 3 years ago, as every have no choice but to ask Members to the living quarters for low-income vote against this proposal. That is American knows, this Congress was a Americans and senior citizens who are snake pit of confrontation. There was what I am asking Members to do. now living in subsidized housing Mr. VENTO. Mr. Chairman, will the one fight after another between the around the country. One-third of the gentleman yield? Congress and the White House, which persons who will be forced out of those Mr. OBEY. I yield to the gentleman led to a sustained government shut- homes, if this action occurs, are elder- from Minnesota. down. It took a long time for the rep- ly. That is a great Easter gift for this (Mr. VENTO asked and was given utation of this Congress to recover Congress to give those folks before we permission to revise and extend his re- from that obstreperousness. go home on 20 days recess. marks.) Last year, in contrast, I felt we had a Then it says we are going to cut $75 Mr. VENTO. Mr. Chairman, I want to pretty good year in the appropriations million for bilingual education. I did commend the gentleman from Wiscon- process. Most of the time the appro- not used to care about that issue as sin for his statement and associate my- priations bills were dealt with on a bi- much as I do now. But now I have had self with it, especially the issue con- partisan basis. I think that that made a huge influx of H’Mong population cerning housing cuts. We have a $23 bil- people in the country feel better about into my hometown and other commu- lion commitment over the next two their government. I think it made us nities. The H’Mong are the folks who years. Last year we cut $3.6 billion out feel a whole lot better about it. I think did our dirty work during the war in of housing. We promised to make it up. it made us feel a whole lot better about Laos. They did the CIA’s undercover We have not done it. This year we are each other, because we were able to dirty work. So the Federal Government taking more out. This is going to put work out differences after we had de- made a decision to allow them to come people in the street. fined those differences. We were able to into this country. Mr. Chairman, I rise in opposition to the find a common solution to many of But now the Federal Government is supplemental emergency assistance meas- those questions. bugging out on its responsibility to ures. I very much regret and strongly oppose H1806 CONGRESSIONAL RECORD — HOUSE March 31, 1998 the ``offset'' provisions of these proposals tracts serving existing low income families with He says that he is concerned that we which has ensured a collision course with the children, the elderly and disabled will demand have attacked bilingual education. President's emergency request for additional over $23 billion. The 1997 emergency supple- Look, the H’Mong have been here for 20 fiscal 1998 funding for disaster aid and military mental did the same as this in removing $3.6 years. If they have no written lan- action in Bosnia and Iraq as well as standing billion of the housing reserve funds and guage, we have got a good one. It is U.S. commitments to the United Nations and pledged to make it up, but they have not re- called English. Well, if they have not the International Monetary Fund (IMF). This placed the fund, but take moreÐthis is not a been here for 20 years, then they have IMF Funding means that our 183 nation mem- honey pot and it hurts real people. been here for 10 or 15; I do not know ber program is running on empty, the only tool Mr. Chairman, the much-needed assistance how long. Anyway, we have got that we have to prevent the global economic for natural disasters and peacekeeping mis- English. We have got English, and it is catastrophe, that could devastate our domestic sions are sound and urgently needed. How- a perfectly good language. economy. This measure, in fact, only provides ever, we must not permit this offset package We would like to teach them how to 25% of the Presidents total request for funding to become our final action. This bill is a step assimilate themselves into the United of disaster assistance. After dragging this bill backward, not forward. We should reject it. States, just like we would like to teach out for months on the eve of a Easter recess Mr. LIVINGSTON. Mr. Chairman, I people of all ethnic backgrounds to as- period, apparently the GOP assumes that the yield myself 5 minutes. similate themselves in the United House can be forced to accept a deficient (Mr. LIVINGSTON asked and was States and teach their kids how to be product. If we oppose them, they will lay the given permission to revise and extend productive American citizens. Just blame on others. Frankly, the blame and the his remarks.) from day one, that is what we have shame is the GOP leadership. As the adage Mr. LIVINGSTON. Mr. Chairman, done in America. That is why we are states: lead, followÐor get out of the way so just to assure the Members that the the melting pot. That is why we have that we can get the job done. sky is not falling, I just want to make succeeded in bringing cultures of all Our GOP colleagues insistence on including a few points. First of all, if it is con- sorts together and have succeeded in offsetting cuts in solely domestic programs il- frontation that we have opposing views becoming the most dynamic free Na- lustrates their reluctance to provide basic pro- on how to treat the supplemental ap- tion on earth. grams that form the foundation of trust and the propriations bill, then yes, it is con- b 1430 frontation. But I think it is not angry tools that American families need to care for The fact is, look, I adopted a little confrontation, it is simply a matter of themselves and one another. The GOP's girl with my wife, a little girl from package of cuts produces a number of offsets differing philosophies. Taiwan. She came here at almost 7 For the last 60 years of this century, that would slash $2.9 billion in peoples prior- years old. She could not speak English. the now minority party, which used to ities, and programs. These offsets jeopardize She spoke Chinese. But we put her in be the majority party, guided the af- low-income housing programs for 100,000 an ‘‘English as a second language’’ people (many of whom are elderly 32% and fairs of the country with the idea that course, and within 3 months she was disabled 11%), much needed airport improve- we continue to spend and never worry speaking fluent English. She is a pro- ments, terminating the AmeriCorps national about whether the money was there. ductive American citizen. I hope that service program for 1998, and major cuts in All we are saying on the supplementals others will likewise become productive this years bilingual education. These programs is that, sure, we can continue to spend, American citizens. are vital to the real needs of the most vulner- but it has to be within the budget. Mr. Chairman, if I were to take a kid able in our society. While natural disaster For the last 4 years, we have in effect to Spain, I would not expect that child needs would be met, this action would create said that we will pay for the supple- to only speak English and to be taught a new disaster for those impacted by the off- mental spending. We are coming up English in the schools. I would expect set cuts. with $2.29 billion in extra spending for that child to be taught Spanish in the These harmful rescissions are unnecessary defense. We are coming up with $575 schools so that that child would live in under the budget rules, which designate that million for disaster relief. But we are Spain and become a productive Spanish true emergency funding may proceed without going to offset. That is all we are say- citizen, if my colleagues will. offsets. Nonetheless, the Republican Majority ing. The point is, bilingual education in in this House has chosen to cut key domestic The Senate has not said that, and we and of itself has been a failed program. spending initiatives to offset defense and natu- are going to meet them head on. But It ought to be abolished. English as a ral disaster emergencies; breaching the ``fire- for our purposes in the House, we are second language is a successful pro- walls'' between the two categories of defense going to offset this extra spending. I gram, and should be encouraged and and domestic expenditures and the 1998 dare say we have succeeded. hopefully will be because of the steps budget enacted into law last year. We have got all these cries that the that we take here today. These offsets are strongly opposed by the cuts in other existing unobligated These are good changes. This is a President and many Members of Congress. funds are going to cause a disaster and good bill. The offsets are simply com- The Senate included no such offsets in its ver- the people are going to go homeless. mon sense. I urge the adoption of this sion of the bill, and there are no indications The fact is that is not going to happen. bill, the rejection of the motion to re- that they would do so. This clearly is a par- These are unobligated funds, and they commit, and hopefully we will get a tisan effort to inject this new and divisive issue are not needed this year, this fiscal conference soon, right after we come into the supplemental emergency assistance year. If they are needed later on, we back from the break, and we will get measures that will complicate the passage of will address that. this disaster relief to the people who this legislation. This raises questions as to the My friend, the gentleman from Wis- need it. motives involved. The Republican Majority consin, has said that a militant major- Mr. OBEY. Mr. Chairman, I yield 3 shut down the government with unrelated pol- ity is demonstrating that we should do minutes to the distinguished gen- icy for several months in 1996. They denied something so awful as pay as we go. We tleman from Maryland (Mr. HOYER). much needed disaster help in 1997 because happen to think that is fiscal respon- Mr. HOYER. Mr. Chairman, I thank of an unrelated rider. Here we go again in sibility. It is not militant. It is just the gentleman for yielding this time to 1998. The Republicans are holding hostage common sense. me, and I want to associate myself the emergency funding for the Department of He says that we have not adequately with the remarks the gentleman from Defense and disaster assistance, in an at- provided for the disaster relief that is Wisconsin (Mr. OBEY) made earlier. tempt, to force feed their unpopular and unfair needed. In effect, he is right, because I regret that I come to this floor to agenda on the American people. This agenda the President, the day after we re- oppose this bill. Instead of coalescing gives new meaning to women, children, the ported this bill out of the full commit- funding to continue our peacekeeping disabled, and the elderly first. It is time to call tee, the President finally sent over an operations in Bosnia and ensure a a halt to the GOP political games and get on additional request of $1.6 billion for strong and forceful presence in the with the peoples business, not a GOP partisan disaster relief that we have not had Gulf, we are being asked to undercut policy agenda. time to address, and we will address be- important domestic programs included The next two fiscal years the committed re- fore this bill gets through its normal in last year’s budget agreement to fi- newal of section 8 housing units existing con- processes. nance our national security interests. March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1807 It is not enough that the budget tensive damages due to Typhoon Paka As many know, the other body has agreement of 1985 provides for emer- last December. Due to Typhoon Paka not offset, I will repeat, has not offset gency spending without offsets during the commercial port, which is the prin- its version of the supplemental with domestic or international crisis. It is cipal lifeline for all the residents of spending cuts. It has accepted the not enough that the chairman of the Guam, needs to be restored to its eco- emergency designation for the supple- Committee on Appropriations, my good nomic vitality. I understand that the mental, as it should have. I can envi- friend, the gentleman from Louisiana bill before us today provides $84.5 mil- sion a scenario where the other body (Mr. LIVINGSTON), it is not enough that lion for the Corps of Engineers for would offer to accept offsets, but with Mr. LIVINGSTON fought hard to prevent emergency repairs due to flooding and a condition that those offsets come making unwise and devastating cuts in other natural disasters. from the military appropriation ac- domestic programs, notwithstanding Mr. MCDADE. Mr. Chairman, the counts. What a disaster that would be. the fact that he just said something a gentleman’s statement is accurate. Third, there is a matter of interpre- little different. In fact, Mr. Speaker, it Mr. UNDERWOOD. I understand fur- tation. I voted for last year’s Balanced apparently is not enough that the ther that the $84.5 million is not Budget Act. I believe we made great United States Senate, with the support project-specific and that there may be progress in the past 8 years to get our of the President of the United States, an opportunity to review Guam’s re- Nation’s finances in order. The 1993 bill passed this emergency spending with- quest for port projects. which I supported; last year, the Bal- out gutting domestic programs by Mr. MCDADE. Mr. Chairman, may I anced Budget Act which I supported; voice vote. say to the gentleman that the commit- and this year we see a surplus possibly No, Mr. Chairman, instead today this tee did not earmark disaster relief of $8 million, according to the Congres- body is being asked to gut the Section funds provided to the Corps of Engi- sional Budget Office, the first surplus 8 low income housing program which neers. The additional funding in the op- since 1969. While provisions under the could leave 800,000 Americans without eration and maintenance account will Budget Act will allow us to fund genu- housing next year. We are being asked be used to address high priority needs ine emergencies, the other body has to effectively shut down the resulting from recent natural disasters chosen to use those provisions. That is AmeriCorps program through a 60 per- at Corps-operated or Corps-maintained what we should do. cent cut, and perhaps in one of the projects. The Corps of Engineers should Secretary of Defense Bill Cohen most outrageous affronts contained in consider Guam’s request in conjunction wrote earlier this month that if the De- this bill, the leadership is advocating a with other projects eligible for emer- partment of Defense were required to cut of $75 million in bilingual and im- gency assistance consistent with cur- provide offsets from within the DOD migrant education. rent law and authorities. budget, the effect on DOD programs Let there be no mistake, Mr. Chair- I want to assure the gentleman that would prove calamitous. man, as to the importance of the emer- we will examine this issue as the proc- I have seen the same thing for the do- gency funding the President is seeking. ess proceeds to conference with the mestic side. That has been well Continuing the U.S. presence in Bosnia Senate, and we will do our best. thought out. It is a matter of accepting is critical. Progress is being made in Mr. UNDERWOOD. I thank the dis- what is reality. A rose by any other the implementation of the Dayton Ac- tinguished chairman. name is still a rose; an emergency by cords, and this progress has only been Mr. OBEY. Mr. Chairman, I yield 3 any other name is still an emergency. possible because of U.S. participation minutes to the gentleman from Mis- I think that in this present form it is in the NATO-led stabilization force. souri (Mr. SKELTON) the distinguished very difficult for us to support, and I There is not one of us that has visited ranking member of the Committee on will not support this bill. that force, that has not been proud of National Security. Mr. LIVINGSTON. Mr. Chairman, I our men and women and the effect that Mr. SKELTON. Mr. Chairman, let us yield 2 minutes to the gentleman from they have had. clarify the issue before us today. We Wisconsin (Mr. NEUMANN), distin- Apparently the majority party did are not here to correct the overdeploy- guished member of the Committee on not learn the lessons of the 1995 disas- ment of our military troops or the Appropriations. ter relief supplemental. The chairman underfunding of our military troops. Mr. NEUMANN. Mr. Chairman, I rise learned them; I think most of the The issue before us today is whether today. First I would like to commend chairmen of our subcommittees this is an emergency as prescribed by the chairman of the Committee on Ap- learned them. But their caucus did not the budget law or whether it is one propriations for sticking to our core learn them. There are very serious that is not and calls for an offset. principles, that 3 years ago we made a issues to be debated in this Chamber. Mr. Chairman, I wish I could rise in commitment that we were going to However, we should not hold emer- support of this bill, the emergency sup- stop spending our children’s money, gency funding hostage when on its sur- plemental appropriation bill for fiscal face we all support the need for a and I would like to commend the chair- year 1998. Unfortunately, the bill in its strong presence in Iraq and a need to man for sticking to those principles in current configuration falls short in respond to the ravages of El Nino. this bill and sticking to the offsets. We I urge my colleagues to vote down terms of timing, process and interpre- understand the other body, the Senate, the latest sham of the Republican lead- tation. has not proposed offsets yet, and I ership and release this funding from First there is a matter of timing. would also like to express my apprecia- the daily game of politics in which we Once again this body has reacted slow- tion for accepting the Neumann- have been embroiled. Vote ‘‘no.’’ ly to an emergency situation, with con- McIntosh amendment that puts this Mr. LIVINGSTON. Mr. Chairman, I sequences that will affect our fellow body on record when we pass this bill, yield 2 minutes to the gentleman from citizens both here at home and over- saying that when it goes to conference Pennsylvania (Mr. MCDADE), distin- seas. And yet, while the other body has it should come back with the offsets in- guished chairman of the Subcommittee essentially passed a bill to deal with tact. on Energy and Water. these measures, we are still debating I would also like to do, as I made it (Mr. MCDADE asked and was given the matter in this body, and the result my custom to do over the last 3 years, permission to revise and extend his re- is that by the time we begin our 2-week to report to my colleagues what the ac- marks.) spring recess we will not have com- tual numbers are in this spending bill. Mr. MCDADE. Mr. Chairman, I thank pleted this important work. The total new spending, the total, the distinguished gentleman for yield- Second, there is a matter of process. quote, emergency spending in this bill, ing this time to me. Though 80 percent of the bill’s appro- is $2.865 billion in outlays and budget Mr. Chairman, at this time I yield to priations are for military programs, all authority, and in fact the offsets my distinguished friend from Guam of the measure’s offsets are in domestic amount to 1 million more than what (Mr. UNDERWOOD) for purposes of a col- programs. This is a sure invitation for the proposed new spending is as it re- loquy only. a presidential veto, and I am sure that lates to budget authority. Mr. UNDERWOOD. Mr. Chairman, as the President will accept that invita- In outlays, the outlays are $350 mil- my colleagues know, Guam suffered ex- tion. lion short, but I would add that it is H1808 CONGRESSIONAL RECORD — HOUSE March 31, 1998 the closest that we have come of any of Mr. HOYER. But no amendments can chairman of the Subcommittee on the supplemental appropriation bills be offered; am I correct, Mr. Chairman? Military Construction, the gentleman that have passed through this body The CHAIRMAN. There is one from California (Mr. PACKARD). since we came here in 1995. It is the amendment to be offered in the Com- In the disaster relief section of the closest we have come to offsetting it in mittee of the Whole. fiscal year 1998 supplemental appro- outlays as well as budget authority, Mr. HOYER. I understand that. priations bill, the committee accepted and again in budget authority, to my Can any additional amendments be report language that makes mention of colleagues, it is not only offset but offered, Mr. Chairman? the ongoing discussion between the there is actually $1 million extra in it. The CHAIRMAN. There can be an Government of Guam and the Navy Again, I would like to address the amendment offered as a recommittal in over the repair responsibility for the concerns of the other side. I heard the the House. repair of typhoon BRAC damaged prop- statement that 800,000 Americans will b 1445 erties on Guam. I have been assured by be without housing if this bill is Mr. OBEY. Mr. Chairman, I yield my- several civilian naval officials that the passed. Well, first let me say that that U.S. Navy, at a minimum, will be flexi- is absolutely not true. But second, let self 2 minutes. Mr. Chairman, the previous speaker ble if it is decided that the U.S. Navy me suggest to my colleagues on the talked about wasteful Washington is, indeed, responsible for said repairs. other side that if in fact they genu- spending. I do not consider enabling Mr. Chairman, is it your understand- inely believe that is true, then they senior citizens to have housing in my ing that if this action so occurs, the have a moral and an ethical respon- hometown or anybody else’s hometown committee will entertain a request for sibility to bring something forward in the countryside to be wasteful Wash- funds in the regular fiscal year 1999 ap- that allows these offsets to come from ington spending. I consider those to be propriations bill? some other part of this budget. Mr. PACKARD. Mr. Chairman, will Look, what we are asking for is to necessary mercy initiatives so good and decent low-income Americans and the gentleman yield? stop spending our children’s money. We Mr. UNDERWOOD. I yield to the gen- are asking to find offsets, that is, retired senior citizens can live in de- cent housing. tleman from California. wasteful government spending that Mr. PACKARD. Mr. Chairman, yes, amounts to $2.8 billion out of $1700 bil- I do not consider providing funding to persons who are willing to give of that is true. If the matter is settled be- lion of government spending. Let me tween the Guam Government and the say that once more, so we understand their time to assist with finding volun- teers to deal with our kids after school U.S. Navy and the U.S. Navy will ac- just exactly what this debate is all cept the responsibility for the repair of about. What we are saying is that, I so that they are in a safe place and are not committing crime is wasteful certain typhoon damaged BRAC prop- want to make sure that this debate is erties on Guam, our committee will very, very clear when we talk about Washington spending. I call that good community activity. consider such a request for funds in the finding these offsets or reductions in fiscal year 1999 appropriations bill. wasteful Washington spending to I would point out that the rule the gentleman just voted for precluded us Mr. UNDERWOOD. Mr. Chairman, re- counter the new spending, we are look- claiming my time, I thank the gen- ing for a grand total of $2.8 billion out from attacking real wasteful spending. It precluded me from offering the tleman for this clarification. We will of $1700 billion of government spending. work on the issue. Now is there anyone in the entire amendment which would have reduced by 5 percent the Pentagon account that Mr. HOYER. Mr. Chairman, I yield 3 United States of America that believes minutes to the distinguished gen- there is not $2.8 billion of wasteful allows the Pentagon to pay $76 for a 57- tleman from Pennsylvania (Mr. MUR- Washington spending that can be elimi- cent set screw, and allows the Penta- gon to pay $38,000 for aircraft springs THA). nated so that we do not go and tack Mr. MURTHA. Mr. Chairman, here is this new spending onto the legacy that that they previously paid $1,500 for. That is true wasteful Washington the problem that I see as we go forward we are going to give our children? with this process. Normally, when we I would like to conclude by again spending, I would submit to the gen- pass a bill, we have a good idea that we commending our chairman for sticking tleman from Wisconsin, and it is the will be able to continue the process in to his guns and demanding that these kind of wasteful spending the gen- offsets be included in this bill, because tleman protected with his vote for the the Senate. It is not so late in the year, for years that was not the practice, and rule. and if it is, we will pass a bill very similar to the Senate bill. that is in fact how we got to the $5.5 PARLIAMENTARY INQUIRY Now, this bill is so different than the trillion debt that we currently have Mr. LIVINGSTON. Mr. Chairman, I Senate bill, we have a bill here which staring us in the face. have a parliamentary inquiry. I would conclude with the memory it The CHAIRMAN. The gentleman will has a lot less money in it. We have a is $2.8 billion in offsets. We are open to state it. bill here which, in my estimation, other suggestions; $2.8 out of $1700 is Mr. LIVINGSTON. Mr. Chairman, we when it is offset from domestic policy, what we are looking for in terms of off- are trying to determine when the will either assure a veto or, in the end, setting the bill. Skaggs provision will be up for debate. the Senate will not recognize it. I just do not see any possibility of PARLIAMENTARY INQUIRY I understand that 30 minutes are allot- Mr. HOYER. Mr. Chairman, par- ted for that as well. this kind of a bill being the end prod- liamentary inquiry. The CHAIRMAN. The Chair could en- uct when it goes to conference. The CHAIRMAN. The gentleman will tertain that debate at any time during Now, if we do not accept the amend- state his parliamentary inquiry. general debate. ment that I am going to offer, the re- Mr. HOYER. Mr. Chairman, am I cor- Mr. OBEY. Mr. Chairman, I need to committal motion I am going to offer, rect that under the rule no amend- go up to the Committee on Rules. I then we have a situation where the De- ments are allowed, no alternatives can would ask that the gentleman from fense Department will not be able to go be proposed? Am I correct on that? It is Maryland (Mr. HOYER) be allowed to forward because it will not be assured a closed rule; am I correct? control my time. of a bill happening. The CHAIRMAN. There is one The CHAIRMAN. Without objection, One of the things that has happened amendment. the gentleman from Maryland will con- in the past, when they are assured of a Mr. HOYER. One amendment made in trol the time for the gentleman from conference, they can work different de- order. No other amendments other Wisconsin (Mr. OBEY) while he goes to partments, they can get money, they than an amendment allowed by the the Committee on Rules. can hold back money, and they can Committee on Rules can be made, no There was no objection. work out something to get them alternatives can be proposed for other Mr. HOYER. Mr. Chairman, I yield 1 through. offsets; am I correct, Mr. Chairman? minute to the distinguished gentleman But here, they are not going to be The CHAIRMAN. There is one from Guam, (Mr. UNDERWOOD). able to do that, because they cannot be amendment that was made in order Mr. UNDERWOOD. Mr. Chairman, I assured of a bill. Now, why do I say under the rule. wish to engage in a colloquy with the they cannot be assured of a bill? March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1809 Let us say that we pass this bill with some national disaster. Nothing could be fur- and the gentleman from Wisconsin (Mr. offsets. Well, in the first place, the ther from the truth. OBEY). White House is against that. We go I oppose this bill because it sets up a frame- Mr. Chairman, I stand to oppose the over to the Senate, we sit down, the work that takes $2.2 billion in funding from the supplemental for two reasons: Number Senate adds IMF, the Senate adds UN, section 8 low-income housing program; be- one, we have the kind of sacrifice that and the Senate adds Mexico City. cause it reduces funding for the bilingual edu- we have to make here in the Congress, Now, in my estimation, there is no cation program by $75 million. This is abso- which says that we know that we need way that they can come back to the lutely unacceptable to me, to my constituents a strong military, we need to strength- House with a bill the size it is, with no who reside in public housing and benefit from en our military, but we also need to offsets, and pass it in the House, and the section 8 program- a program that is cur- take care of the poor. We also need to yet, on the other hand, there is no way rently underfunded, I might add- and to the take care of the housing needs of this we can go to the Senate with all offsets legal immigrants who reside in my district and country. and pass it in the Senate. participate in the bilingual education program, I do think that the two of them are So we have got a real problem, which which helps them transition into mainstream compatible, that we can do both, and leads me to believe that past history America. we should not use this particular bill shows that the Defense Department Mr. Chairman, yes, indeed, this body ap- to try to even things out between the cannot predict that they are going to pears to be revisiting, unfortunately, an all-too- military and the poor people who need housing and who need care in this have a bill. They only have 4 months familiar refrain and motif: when confronted country. left in the fiscal year, and the problem with a tough decision, do not follow the dic- Mr. Chairman, this bill cuts edu- we are going to have when you only tates of what is fair or equitable; instead cation, it cuts the National Volunteer have 4 months, the Defense Depart- choose the path of least resistance. I am re- Service, it cuts any number of things ment has to make a decision, how do I minded of the saying that those who are which mean a lot to us here in the Con- find the money to get us through the whipped the easiest are whipped the most gress representing all the people. rest of the year. often. And, invariably, the target for cuts are I say to the Congress we can do both. All right, we cut back on training, we those programs that serve public housing resi- We need to vote no on this supple- layoff civilian employees, substantial dents and benefit our immigrant population. mental and go back and do the right numbers of civilian employees for 10 or Those groups that do not have an army of lob- thing, separating those two, doing 15 days. We shut down the Defense De- byist to argue the merits of their case. what we should do by the military, and partment. There are all kinds of op- Consequently, I am compelled to oppose certainly immediately sending emer- tions the Defense Department is inves- and urge my fellow members of Congress to gency assistance to our needy counties tigating right now, looking at what we oppose this measure, HR 3579, in an effort to and cities. can do in case a bill, which is abso- restore equity and fairness and a sense of The CHAIRMAN. The remaining 30 lutely the opposite of the bill that is what is right to the decision-making process in minutes for general debate on title III pending in the Senate, it has not this body. of the bill is equally divided and con- passed yet, but it is pending. Mr. OBEY. Mr. Chairman, I yield 1 trolled by the gentleman from Colo- We always in the past have been able minute to the distinguished gentleman rado (Mr. SKAGGS), and a Member who to work these things out. This is an en- from Massachusetts (Mr. NEAL). is opposed to title III. tirely different situation, which wor- Mr. NEAL of Massachusetts. Mr. Mr. MURTHA. Mr. Chairman, I am ries me. I am concerned, all of us have Chairman, I hope today that we will opposed to title III. been through the committee process, if not diminish one of the most successful The CHAIRMAN. The Chair will con- we pass a bill that is offset with domes- initiatives that has come from this fer the time in opposition to the gen- tic policy, the additional thing we do, city in the last 30 years, and that is the tleman from Pennsylvania (Mr. MUR- we set domestic policy against defense President’s Corporation for National THA) given the fact that he is a member policy, and when that happens we lose. and Community Service. This legisla- of the committee. Mr. Chairman, I would urge Members tion today proposes a significant de- The Chair recognizes the gentleman to support my motion to recommit crease in what has been domestically from Colorado (Mr. SKAGGS). when it comes up. one of the most successful initiatives Mr. SKAGGS. Mr. Chairman, I yield Mr. OBEY. Mr. Chairman, I yield 1 that I can recall. myself such time as I may consume. Mr. Chairman, whether to take this minute to the distinguished gentleman AmeriCorp has served hundreds of do- country into war, even a limited war, from Illinois (Mr. DAVIS). mestic violence victims throughout the is a fundamental responsibility of this (Mr. DAVIS of Illinois asked and was State of Massachusetts. It has been body, the Congress of the United given permission to revise and extend enormously successful. It seems to me States. Article I, Section 8 of the Con- his remarks.) it goes hand-in-hand with what the stitution states very clearly that ‘‘Con- Mr. DAVIS of Illinois. Mr. Chairman, other side has been talking about for gress shall have the power . . . to de- I rise to express my opposition to H.R. the last decade about personal respon- clare war, grant letters of mark and re- 3579 and would like to associate myself sibility, a better and higher sense of prisal.’’ with the remarks made by the gen- citizenship, but, most importantly, and As George Mason, one of the dele- tleman from Wisconsin (Mr. OBEY) ear- it has been inclusive, it suggested to gates to the Constitutional Convention lier. millions of young Americans that the observed in debating this provision in I am in opposition basically because opportunity for some sort of tuition as- 1787, it was meant to ‘‘Clog the path to this bill would take away greatly need- sistance down the road will be there if war.’’ ed funding for Section 8 low-income they only give back to this Nation the The Constitution is a terribly incon- housing, and take away greatly needed opportunity that the Nation has grant- venient thing. It imposes all sorts of funding for bilingual education. If ed to them. rules that get in the way of this body there is a way to achieve the objective Mr. Chairman, I would hope that in when we want to run rough-shod over without desecrating our social pro- this supplemental that is being pro- freedom of speech, or in this case, ig- grams, then so be it. I am opposed. posed today we would resist any effort nore our own responsibilities to make Mr. Chairman, I rise today to express my along the way to curtail what I think that fundamental decision. opposition to H.R. 3579, the Defense and Dis- has been an enormously successful Right now we have a welcome break aster Supplemental Appropriations Bill for Fis- Presidential initiative, and that has in the action in the Persian Gulf any- cal Year 1998. been the President’s proposal for Na- way. Thank goodness we are not now I join my fellow colleagues in opposition to tional Service Learning. faced with the immediate prospect of this bill not because I believe we need not Mr. OBEY. Mr. Chairman, I yield 1 offensive military action, and that res- provide our troops with enough resources to minute to the gentlewoman from Flor- pite gives us a chance, which I appre- succeed, whether it be in Bosnia or Iraq. I op- ida (Mrs. MEEK). ciate our having, an opportunity to pose this bill not because I believe we need Mrs. MEEK of Florida. Mr. Chair- seize this afternoon to give some con- not come to the aid and rescue of our fellow man, I thank the gentleman from Lou- sidered debate to the responsibilities Americans who have suffered as a result of isiana (Mr. LIVINGSTON), our chairman, that we have. H1810 CONGRESSIONAL RECORD — HOUSE March 31, 1998 b 1500 gressional approval for the use of the that part of the world. As the winds The limitation on funding that is military force regarding the compli- swirl, they could find their way into now in the bill, as approved by the ance with U.N. resolutions relating to Kuwait, and this President might want Committee on Appropriations, provides inspection and destruction of weapons some form of an immediate response. that none of the funds in this bill may of mass destruction. I know the gentleman from Colorado be used to initiate offensive military I have opposed President Clinton on (Mr. SKAGGS) could possibly, and I am action by the Armed Forces of the the use of military force on many occa- not going to argue for him, he is very United States in order to enforce the sions in this House. On this issue, capable of doing that, but I think he inspection and destruction of weapons though, I look at this, and as a matter put it in some kind of Dear Colleague that the President could call the Con- of mass destruction in Iraq. It is care- of fact, my opposition has been really gress back into session. How realistic fully drawn to be narrowly limiting on two grounds, one on philosophy and is it that he would do that? How often only of the President’s authority, es- the other with regard to poor consulta- does that happen? sentially, to take the country into of- tion with this administration and Con- gress. I really do like the flexibility on the fensive war. That is what it does. part of the Commander in Chief to re- It is also important to understand When I think of the President’s use spond, especially to stand up against what it does not do. That is, it does not of military force, he likes to use our someone like Saddam Hussein. For us impede the continued deployment of military force in every corner of the world based on some form of moral au- to somehow tie his hands to respond troops in anticipation of the possible would be very poor. I do not want to do need for action against Iraq. It does thority, humanitarian missions, and peacekeeping missions. that. not get in the way of the no-fly rules or What I want to share with my col- any of the other current military oper- When I think of the Skaggs amend- ment, I believe the amendment of the leagues is, and I know I am fighting ations in the region. with my own temptation to support the Why do this? It is because we know gentleman from Colorado (Mr. SKAGGS) highlights the very poor consultation gentleman from Colorado, but this full well that, while there is a moment issue is much bigger than this Presi- now when Saddam Hussein is comply- that the administration has with this Congress. It is tempting to support the dent. It is about the relationship be- ing, history instructs us that it is very tween this Congress and the presi- likely that we will be back soon into a Skaggs amendment. I cannot, because I happen to believe that this is much dency. situation in which he is again confront- Now the United States, as we find bigger than Bill Clinton. This, in fact, ing the international community. And ourselves the sole remaining super- is about the presidency and its rela- the President has made it very clear power in the world, many nations of tionship to the Congress. It is a con- that, under those circumstances, he the world look to us for their imme- stitutional question, as the gentleman would attack in order to enforce the diate consultation. Whether it is a con- from Colorado (Mr. SKAGGS) just men- U.N. inspection regime. sultation, counsel, support, the Presi- tioned. There is never a good time to do this. dent needs the ability to respond. When When I think of this question, or any It is, by definition, only when we are there is a problem anywhere in the Commander in Chief as such, I believe faced with a ticklish international se- world and that commander goes to the that the Commander in Chief requires curity problem, such as we now face in President of the United States for any the flexibility to respond to the inter- the Persian Gulf area, that the ques- type of support, he needs that ability national crises as they arise. tion comes up. to respond. But, as my colleagues will recall, we Congress has only actually declared The Congress, all of us, and there had the good sense 7 years ago to make war five times. There have been many have been many debates over the past sure that then President Bush sought occasions where troops have found years about the use of force and Con- and received authority from Congress themselves in harm’s way in response gress’ prerogative. We control the before launching the war against Iraq to crises around the world. As a matter pursestrings. We have those debates. at that time. The same basic con- of fact, the crises sometimes are imme- I think every Member of the Con- straints ought to apply to this Presi- diate and emergent, and the presidency gress, if it came down to a sustained of- dent in 1998. needs that type of flexibility. fensive military operation in Iraq, Coupled with the sensible judgment Iraq is one area where history shows would require a vote here on the House that we made 7 years ago to insist on that a crisis arises unpredictably and floor. But when it would be responding, Congress’ responsibility under the cir- on short notice. I do not want to tie a whether in self-defense or in response cumstances that existed then, with a President’s hands in a critical area of to Saddam Hussein’s bizarre behavior, similar assertion in 1998, we have an the world. I believe that could be irre- this President needs the flexibility to important opportunity to change the sponsible and potentially dangerous. respond. practice that existed throughout the When I think of about a month ago, Mr. SKAGGS. Mr. Chairman, I yield 2 Cold War years in which Congress de- when an offensive action was imminent minutes to the distinguished gen- ferred, I believe inappropriately, to the in the Persian Gulf, I was one of the tleman from Louisiana (Mr. LIVING- executive in these kinds of situations. few voices here on Capitol Hill that STON), chairman of the Committee on We should be proud to assume and to was asking for a go slow-caution ap- Appropriations. assert this most important responsibil- proach, because use of force is a last re- Mr. LIVINGSTON. Mr. Chairman, I ity that the Constitution gives to the sort, not a first resort. want to commend my friend, the gen- Congress, not to the executive. When we are operating in the arena tleman from Colorado (Mr. SKAGGS) for Mr. Chairman, I reserve the balance of diplomacy, I do not believe we ever his initiative at putting this in the bill. of my time. want to remove one of the tools from I certainly believe it is in the best in- Mr. MURTHA. Mr. Chairman, I yield the toolbox. When in fact we are going terests of this body to maintain the 5 minutes to the gentleman from Indi- to say to the world, or in particular to provisions in the bill, and hopefully we ana (Mr. BUYER). Saddam Hussein, that this President will keep it in throughout the duration Mr. BUYER. Mr. Chairman, I thank can take no actions unless Congress of this supplemental appropriation. the gentleman for yielding me the first responds, just permit the mind to The fact is, in 1991 we had an incred- time. flow and create every imaginable con- ibly wonderful debate, an intense de- First of all, I want to thank the gen- sequence that could arise from a mind bate, a debate that strongly divided tleman from Louisiana (Chairman LIV- like Saddam Hussein’s. parties on both sides, as to whether or INGSTON) and the gentleman from Flor- As we depart from here for 21⁄2 weeks, not we should go to the initial battle ida (Mr. YOUNG) for the fine work in anything could happen while we are against Saddam Hussein, whether or this bill. away. Saddam Hussein, by example, not we should commit thousands of I rise in strong opposition to section could use weapons of mass destruction troops, along with the troops of many 3002 of the bill, which prohibits the use against the Kurds or the Shi’ites, per- other countries to battle what was of funds for military operations against mit some type of spraying operation then the fourth largest army in the Iraq unless the President gains con- with regard to the spores of anthrax in world. March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1811 By a somewhat narrow margin, the going to vote against going to war. It or people, including the hypothetical House and the Senate agreed that we is very easy now to say Congress passed case of Saddam Hussein’s use of an- should go forth. In fact, we did, and we a resolution to go to war, but let me thrax. had one of the most lopsided victories tell the Members, in those days Presi- b 1515 in the history of American warfare; in dent Bush withstood tremendous pres- fact, in the history of world warfare. It sure. He did a phenomenal job in get- I conclude by saying I have done my just strikes me that here, some 7 years ting that authorization passed. It was very best to attempt to bring back to later, it is not any less important an bipartisan, but it was obviously a very Congress the authority the Constitu- issue that should be debated between difficult debate. tion gives and requires of us. Let us not let it slip through our hands once the Members of Congress, members of So I think the timing is terrible. I more. Let us instead stand up for our all parties, all philosophies, and both know the President will veto this bill. There is another reason for him to veto obligation under the Constitution. Houses. Mr. MURTHA. Mr. Chairman, I re- I am very concerned today, as I was this particular bill, if this provision is serve the balance of my time. a few months ago, when it looked very in this piece of legislation. So I would Mr. SKAGGS. Mr. Chairman, I yield much like we were going to commit hope that the Members would think 30 seconds to the gentleman from lots of American men and women in very clearly, they would listen to this Maryland (Mr. BARTLETT). uniform to the potential of losing their debate, and then when it goes to con- (Mr. BARTLETT of Maryland asked lives in battle against the new Iraqi ference, that we will be able to get this and was given permission to revise and threat, but under the leadership of the amendment removed so we can go on extend his remarks.) same despot, Saddam Hussein. with our business, if this gets to con- Mr. BARTLETT of Maryland. Mr. We might well have brought about ference. Chairman, I want to thank the gen- the death of tens of thousands of Iraqi Mr. SKAGGS. Mr. Chairman, I yield 1 tleman from Colorado (Mr. SKAGGS) for citizens, and we might well have and a half minutes to the gentleman his amendment which puts into law our earned for ourselves the enmity of the from California (Mr. CAMPBELL). joint resolution, of which he is one of entire Arab world. All of that would Mr. CAMPBELL. Mr. Chairman, I 108 cosponsors, to require just this. have been possible, and maybe it was give high commendation to my col- Mr. Chairman, I wanted to mention for a good cause. Maybe it was nec- league, the gentleman from Colorado, in just the few moments I have, not essary, but then again, maybe it was for bringing this to the floor. only does Article I, Section 8 of the not. Two arguments have been made Constitution apply, but also Article II, The fact is, it would have been done against what the gentleman has Section 2, where it says the President without so much as a ‘‘by your leave’’ achieved. I wish to respond to them. shall be Commander in Chief of the in Congress. This is a momentous First, to the gentleman from Pennsyl- Army and the Navy of the United issue. We debated it well 7 years ago. vania (Mr. MURTHA) that the authoriza- States and the militia of the several We should debate it equally well today. tion to go to war passed in 1991 would States, when called into the actual Mr. MURTHA. Mr. Chairman, I yield still apply today, it does not. Today we service of the United States. It is the myself such time as I may consume. are discussing the use of force in re- Congress that does that. After they Mr. Chairman, the fallacy I see in the sponse to the failure of Saddam Hus- have been called into service, the argument that both gentlemen are sein to allow inspection of his mass de- President is then the Commander in making is that we have forced Saddam struction weapons facilities, which oc- Chief. Hussein to back down. Our inspectors curred after we drove him out of Ku- This is a good amendment. It needs are doing their work, and at a critical wait. Logically, this could not have to stay in the bill. stage in the inspection process where been anticipated at the time of the 1991 Mr. SKAGGS. Mr. Chairman, I yield 1 half of it is over, we are saying to Sad- vote. I was here. I voted yes then, as minute to the gentleman from Texas dam Hussein, okay, Congress is going well. But we had no consideration then (Mr. PAUL). to have to vote on this issue. We voted of force to terminate weapons’ pro- Mr. PAUL. Mr. Chairman, I thank in 1991. grams. the gentleman from Colorado (Mr. Members know, I led the fight on the It would be as dangerous to say that SKAGGS) for yielding me this time, and Democratic side for going to war, and I the 1991 authorization applies today, as I appreciate very much his work in this believe very strongly a President it was to say that the Gulf of Tonkin effort. should come to Congress to get author- resolution gave approval for everything Mr. Chairman, this is a very impor- ization. I believe he still has authoriza- that followed in Vietnam. We must be tant part of this legislation. This is not tion to go to war. I do not think, in careful in what we approve. We were BESTEA, but it is ‘‘best part.’’ By far this particular situation, there is any careful in 1991, so that the men and Section 3002 of this bill is the best part need for the Congress to act again on women in our armed forces whose lives of this entire bill. The only thing I something that is clearly in our na- are at stake might know what their would like to add is that the money tional security interest. representatives have approved. And being spent in Bosnia and Iraq, $1.8 bil- There are deployments Presidents that was not an unbridled authoriza- lion, should not be spent there either, have made I have disagreed with, that tion for action seven years later. because I am frightened that we will I do not believe were in our national The argument of the gentleman from put our men in harm’s way and then a security interest. I believe this is in Indiana, that because of this provision, situation will occur, and it will be vir- our national security interest. More the President will not be able to re- tually impossible for the Congress to than half the energy resources in the spond to Saddam Hussein’s use of an- turn down acceleration and amplifi- world are in this area. It is absolutely thrax, is absolutely false. The ability cation of the conflict over there. essential we have stability. We need to of the President to respond to such an Mr. Chairman, it has been stated react timely in order to prevent a war. attack would be constitutionally pos- that only five times we have declared What happened the last time is when sible, and also financially possible war in our history. True. But who is the United States had to react, he had under this provision, simply by using going to stand here and say that men to react immediately. He sent in the money in the general Defense Depart- that died in Vietnam and in Korea were 82nd Airborne right before the marines. ment budgets. not in a war? They were illegal. They He sent in the marines. He sent in the The only effect of the restriction of were unconstitutional. This is a very air wing. They could have run over us, the provision by the gentleman from sound effort to bring back once again but because of the force of the United Colorado (Mr. SKAGGS) is that funds the constitutional responsibility of all States, because the President of the used in this supplemental may not be of us to declare war, and only Congress United States acted, we were able to used for the purpose of enforcing the can do that. stop him from going into Saudi Arabia. U.N. inspections regime, without get- Mr. SKAGGS. Mr. Chairman, I yield I am absolutely convinced, though, if ting the approval of Congress. There is 11⁄2 minutes to the gentleman from he thought Congress was going to wait, no restriction on responding to an at- California (Mr. CUNNINGHAM), a mem- and he was convinced Congress was tack upon the United States’ interests ber of the committee. H1812 CONGRESSIONAL RECORD — HOUSE March 31, 1998 Mr. CUNNINGHAM. Mr. Chairman, experience, still being afraid of it and thing else in the Iraqi area. It only af- this is very difficult for me, because all the feelings that it dredges up. fects that one very narrow cir- there is nobody on the other side that 50,000 people killed in Vietnam, over cumstance. I respect more, and he knows I speak 54,000 since that time by death through So let us set aside some time for this that from my heart, than the gen- suicide. It was an experience that none Congress to establish once and for all tleman from Pennsylvania (Mr. MUR- of us alive today should ever forget. what the proper relationship is of the THA). The gentleman from Indiana (Mr. Mr. Chairman, I decided I could never Congress and the President before BUYER), who is a veteran, I have a lot be here and allow that type of back- American troops are deployed to an of faith in. door war to occur again. And yet I ex- area of hostility, before we get the bill Mr. Chairman, I soul-searched this perienced the Persian Gulf buildup as a to pay for these operations, despite the very issue myself, and the bottom line Member of this Congress and was a fact we had nothing at all to do with is it is our responsibility as Members of party to a suit filed by 52 colleagues to the decision to make those troop de- Congress, and I think that is where the force President Bush to come to this ployments. line splits. Congress. There was no prouder mo- Let us not be sending American We have a responsibility. It is dif- ment. Judge Green said in his ruling troops all over the world unless Con- ficult for me to blast the White House when we went to court that the Court gress is a player and unless there is a on getting us into the Somalia exten- had no hesitation in concluding that an darned good reason to do it. sion, putting us in Haiti against Con- offensive entry into Iraq by several The CHAIRMAN. The gentleman gress, and putting us in Bosnia, arming hundred thousand servicemen could be from Colorado (Mr. SKAGGS) has 21⁄2 the Muslims against the wishes of Con- described as war within the meaning of minutes remaining, and the gentleman gress and putting up billions of dollars, Article I, Section 8, Clause 11. from Pennsylvania (Mr. MURTHA) has and then come out in support of this I think that this Congress has no 51⁄2 minutes remaining. bill that does those very same things. more serious constitutional respon- Mr. MURTHA. Mr. Chairman, I yield This makes Congress uphold its respon- sibility and obligation than to vote on myself such time as I may consume. sibility, and I think it is very, very im- any offensive military action. I want to Mr. Chairman, let me stress the fact portant that this debate is going on. say to the gentleman from Colorado, I of why this supplemental is so impor- President Bush came to Congress and really congratulate him in his closing tant in the overall context of what we asked Congress to vote on this. Presi- months here as a Member of the House are talking about. The gentleman from dent Clinton never does that. He just for having the courage to bring this up Florida (Mr. YOUNG), the chairman of goes ahead and does it. In the case of and having this country and its people the committee, said there is no amend- Somalia, as we downsized, we denied meet its constitutional obligations. ment before the committee. But what armor, the White House denied armor Mr. MURTHA. Mr. Chairman, I yield will be before the Committee very to them and we lost 22 Rangers. In the 2 minutes to the gentleman from Flor- shortly is a motion to recommit this case of Haiti, and especially in Bosnia ida (Mr. YOUNG). bill. And the reason I think it is impor- where we are arming the Muslims and Mr. YOUNG of Florida. Mr. Chair- tant to look at it, I just have been try- there are 10,000 Mujahedin and Hamas man, I thank the gentleman from ing to find out what is the Defense De- there, that is going to cause in my Pennsylvania (Mr. MURTHA) for yield- partment all about? What is it trying opinion World War III. ing me this time, and I want to make to do and what is it looking at as far as So with bad decisions on foreign pol- sure that Members understand we are what will happen if this recommittal icy and military deployment, and when not talking about an amendment. motion does not pass, and why? we are operating at 300 percent the There is not going to be a vote on this Now, I explained earlier this bill will OPTEMPO and killing our military, we issue today. This question has been be so different, if it is offset, than the need this amendment and I ask my col- presented to me several times. This is bill in the other House. Here is what leagues to support it. in the bill. they are considering: Laying off sub- Mr. SKAGGS. Mr. Chairman, I yield 2 As much as I agree with the com- stantial numbers of civilian workers, minutes to the gentlewoman from Ohio ments being made by the gentleman because they are not sure that there (Ms. KAPTUR), also a member of the from Colorado (Mr. SKAGGS), and those will finally be a final resolution of the committee. who support him, and I did not object bill; furloughs at Defense bases across Ms. KAPTUR. Mr. Chairman, I thank to this being put in the bill in the full the country; they are also talking the gentleman from Colorado (Mr. committee, I have to tell my col- about delays in promotion, delays in SKAGGS) for yielding me this time, and leagues that this does not solve the moving families, and training cutbacks I want to lend my strong support to the problems that the gentleman is talking throughout the entire Defense Depart- Skaggs provision in the bill, though I about. This is very narrow. It goes only ment. will oppose final passage of the bill be- to the issue of Saddam Hussein’s un- The thing that worries me is that if cause it puts the costs on the backs of willingness to stay with the agreement this bill passes with offsets, we are the elderly and Section 8 contract re- that he has made now as far as inspec- talking about a stalemate between the newals across this country. tion of his weapons cache. House and Senate. We are talking Mr. Chairman, I support the Skaggs Mr. Chairman, as the gentleman from about substantial disruption of the provision completely, and just wanted Louisiana (Mr. LIVINGSTON) said, right- Pentagon’s ability to operate because to say for the record how heartily I fully so, this is a monumental decision. it is so late in the year. And when I congratulate the gentleman. I also Others have made similar statements. offer the motion to recommit, I hope want to say to the gentleman from This is extremely important. It deals the Members will consider the fact that Pennsylvania (Mr. MURTHA), my good with the constitutional relationship of the motion to reconsider will only friend, as well as others on the com- the Congress vis-a-vis the President of strike the domestic offsets, and imme- mittee who may not agree with us, the United States, that is true. This diately we can report the bill back when I was first elected to Congress, Congress needs to address these issues, without the offsets. Then the Defense having been a child of the Vietnam era but not in a supplemental. Department can go forward without and watching my friends shot to death Mr. Chairman, a supplemental appro- these offsets which destabilize the De- and come home dismembered and so priations bill is not the place to solve fense Department forth, I made a promise that I would this problem. Congress needs to address Mr. LIVINGSTON. Mr. Chairman, never be a part of a Congress that sent this issue full up, head on, to debate a will the gentleman yield? our troops into battle without a vote. revision or a reconsideration of the Mr. MURTHA. I yield to the gen- I think all of us understood what War Powers Act to properly establish tleman from Louisiana. that war did to this country, dividing the role of the Congress in the deploy- Mr. LIVINGSTON. Mr. Chairman, the us even until today. Many high level ment of U.S. troops. gentleman from Pennsylvania (Mr. elected officials, sometimes rising as This amendment or this language MURTHA) has read off a litany of ter- high as the Presidency of the United today does not affect Bosnia. It does rible things that would happen if the States, not wanting to reflect on that not affect Haiti. It does not affect any- Defense Department did not get the March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1813 funds that have been allocated in this The fact of the matter is this Presi- wisdom to be found than in the clause bill by a certain time. Would the gen- dent believes he is part of this process which confides the question of war or tleman tell me when that time might and he believes that there are certain peace to the legislature and not to the be? things he will not accept. We under- executive department. The trust and Mr. MURTHA. Mr. Chairman, re- stand that. And I agree wholeheartedly the temptation would be too great for claiming my time, I will tell the gen- with the gentleman from Florida (Mr. any one man.’’ Including President tleman here is the problem. As he YOUNG) who said some of these items, Bush; including President Clinton. knows, in the past when we have come yes, they ought to be debated in a larg- The issue here is not whether we to the floor with supplementals, the er context, but not on an emergency should be consulted in a Presidential Defense Department knew that the supplemental. decision. The question is the extent to Senate and the House were very close The gentleman from Louisiana which we will consult with the Presi- in the versions they were going to pass. (Chairman LIVINGSTON) himself was for dent in what is our decision. We should Here we are talking about two versions not having offsets, and I agreed with not defer, the Constitution does not which are so different, and the addition him on that. This is important and give us the power to pass this respon- of IMF and the U.N. and the Mexico ought to pass as quickly as possible. sibility to anyone else, including the City language, and the fact that the And to facilitate that, we ought to President of the United States. President will veto it if the Skaggs take these extraneous issues, bring I appreciate my colleagues’ partici- provision is in the bill. They are not them on the floor, put in a day or two pation in this debate on this very im- sure they are going to get a bill. of debate. We certainly have not used portant matter. I just wish that we So by March 31, which is today, they much time in the last 90 days. We could have a vote so that the gen- are in serious planning right now. And would have time to debate. tleman from Louisiana (Mr. LIVING- if this bill passes with the offsets, they Mr. Chairman, I will tell the gen- STON) would take the views of this say that they will have to take some of tleman from Pennsylvania (Mr. MUR- House to conference with him to rein- these steps in order to protect them- THA), ranking member of the Sub- force what I hope is his intention to selves. committee on National Security, I in- keep this provision in the bill. Mr. LIVINGSTON. Mr. Chairman, if tend to enthusiastically support his Mr. YOUNG of Florida. Mr. Chair- the gentleman would continue to yield, motion to recommit because I think it man, will the gentleman yield? I would have to tell the gentleman that is the right way to go to get this criti- Mr. SKAGGS. I yield to the gen- the Defense Department has not made cal bill through in a timely fashion. tleman from Florida. the first suggestion to me that they Mr. LIVINGSTON. Mr. Chairman, Mr. YOUNG of Florida. Mr. Chair- need any money immediately. I would will the gentleman yield? man, I thank the gentleman for yield- expect if they did not get the money by Mr. MURTHA. I yield to the gen- ing to me. I wanted to thank him for May, that that certainly would be the tleman from Louisiana. reading from James Madison. That is case. But I would think if things were Mr. LIVINGSTON. Mr. Chairman, I what I was trying to say, but I would that dire, that they would have con- would point out that this gentleman have to admit and concede that James tacted the chairman of the Committee shares the concern of the gentleman Madison said it far more eloquently on Appropriations and let him know. from Maryland (Mr. HOYER) about ex- than I did. Mr. MURTHA. Mr. Chairman, I do traneous issues. That is why we divided But we are saying the same thing. not mean to mislead the chairman of the U.N. arrearages, the IMF, and the Congress and the President have proper the Committee on Appropriations. I am abortion lobbying restrictions and put relationships that must be better de- not saying if they do not have the them on a different bill. fined for all of us. money. I am saying that they had no Mr. SKAGGS. Mr. Chairman, I thank b way of knowing what the supplemental 1530 the gentleman. was going to agree with. Until last Mr. SKAGGS. Mr. Chairman, I yield Mr. FAZIO of California. Mr. Speaker, I rise week, all of us thought it would come myself the balance of my time. in opposition to the rule. out of committee with no offsets and I have been criticized with regard to If there was any question about the fairness then we would decide the issue on the the reach of the language that is in the of determining important items for floor consid- floor. bill, section 3002, by the gentleman eration after yesterday's treatment of cam- So the Defense Department was in from Indiana (Mr. BUYER) as being too paign finance reform, the House is now as- the unenviable position of not thinking broad so as to tie the President’s sured that even matters concerning disasters that we were going to have the offsets hands. The gentleman from Florida and spending for crucial military operations will and they also thought that bills might (Mr. YOUNG) seemed to suggest that it be dealt with in a partisan manner. be put together. They did not face this was too narrow, that we did not tie First, despite a number of worthy amend- thing until over the weekend, and I them quite enough. I figure I must ments offered by Democrats, the Rules Com- started to nose around and this is when have it about right if I am getting mittee chose only to adopt and consider Re- I found out that this is a problem. criticized from both sides on this. publican amendments. There is one excep- Mr. LIVINGSTON. Mr. Chairman, if If the President would merely pledge tionÐthe Skaggs amendmentÐbut the Rules the gentleman would yield, finally I that he would come to Congress for a Committee takes the tack that a Democratic would tell the gentleman that it is my vote before initiating offensive action amendment adopted unanimously by the Ap- expectation that by the third or fourth against Iraq, should that again become propriations Committee should be debated week in May that this bill is going to necessary, we would not have to do again so that newly-found opponents can be be on the President’s desk, and I would this. given a chance to strike it. certainly hope that he would sign it if The problem is the President of the Otherwise, the Rules report consists only of he is as concerned about the problems United States has asserted, wrongly, I Republican amendments. Yet it still doesn't as the gentleman has described, as I believe, that he has all the authority given the House a full debate and vote on am. he needs now to launch an offensive those amendments. In fact, three amendments Mr. HOYER. Mr. Chairman, will the war against Iraq if circumstances dic- are just considered adopted. gentleman yield? tate. One is a parochial amendment by Mr. Mr. MURTHA. I yield to the gen- I think that is wrong on the facts. It HASTINGSÐwho just happens to be a member tleman from Maryland. is certainly profoundly wrong on the of the Rules Committee. Mr. HOYER. Mr. Chairman, I say to Constitution. A second amendment is the McIntosh/Neu- the gentleman from Louisiana (Chair- We can get no better instruction in mann ``sense of the Congress'' amendment man LIVINGSTON), my friend, I tell him what our role in this ought to be than about spending offsets for emergency supple- honestly that I have heard him say to listen to the voice of the one person mental appropriations bills. However, nowhere that before. He said it on the emer- who had more to do with drafting the in this rule may Members actually offer addi- gency bill that we had for the flood vic- Constitution than anyone else: Mr. tional offsets, or can the House make adjust- tims in the Midwest. The gentleman Madison. ments to the offsets that have been served up, has said it before in terms of the budg- This is what James Madison said, ‘‘In or can the House consider the question of et and the shutdown of government. no part of the Constitution is more whether offsets should be required at all. H1814 CONGRESSIONAL RECORD — HOUSE March 31, 1998 That leads us to the third amendmentÐthe quest in one bill, just as the Senate has done. over the years to defray the costs associated Tiahrt amendmentÐwhich changes the offsets Mr. OBEY also proposed an amendment to in- with other natural disasters. approved by the Appropriations Committee clude the Administration's $1.8 billion request I commend Chairman LIVINGSTON's recogni- just last week. for the Federal Emergency Management tion of the need for additional funding for the I disagreed with the offsets that were of- Agency (FEMA). Instead, in a somewhat con- CDBG Program. FEMA recognizes that there fered by Chairman LIVINGSTON last week, and tradictory fashion, the House will act on an are unmet needs related to the ice storm and I voted against the bill as a result. But I be- emergency bill that contains no funds for the that the CDBG Program can address these lieve that once the Appropriations Committee emergency agency. needs. I urge my colleagues to support this has made such a decision, it shouldn't be Ms. CLAYTON proposed an amendment amendment. changed by a self-executing rule served up by matching a Senate provision clarifying ``debt Mr. PAUL. Mr. Chairman, I rise in opposition the Rules Committee. forgiveness'' for USDA loans. This is an im- to H.R. 3579, the Emergency Supplemental Why can't Mr. TIAHRT bring his amendment portant issue that has never been debated by Appropriations Act, a bill to further fund, at the to the floor for debate? Or why didn't he bring this House. And the effect of ruling Ms. CLAY- expense of airports and Section 8 Housing As- it to the Appropriations Committee, of which TON's amendment out of order is that it won't sistance, the unconstitutional effort to ``police he is a Member? During our debate last week, be decided by the House, but will be decided the world.'' Having submitted amendments to Mr. TIAHRT didn't breathe a word about his ob- instead by a handful of conferees. the Rules Committee to defund the ``police the jections to the Airport Grants In Aid rescission. In short, this rule is a sham. It turns upside world'' aspects of this bill only to be denied in In fact, Mr. TIAHRT didn't even propose the down the notion that Members with legitimate the Rules process, I must oppose final pas- amendment approved by this rule. The amendments will get a fair hearing from the sage of this supplemental Appropriations bill. amendment offered to the Rules Committee Rules Committee or that major policy issues One of the truly positive aspects of H.R. by Mr. TIAHRT would have replaced the Air- on perhaps the most crucial function per- 3579 is Sec. 3002 stating that ``none of the ports rescission with a rescission from the formed by the HouseÐappropriationsÐwill be funds appropriated or otherwise made avail- GSA building repair account. debated and decided on the House floor. able by this Act may be made available for the But the Rules Committee, in their wisdom, I'd ask my Republican colleagues to join us conduct of offensive operations by United straightened Mr. TIAHRT out, and made him re- in opposing this exercise in unfairness, but States Armed Forces against Iraq for the pur- alize that what he requested wasn't really then I remember that members of the Appro- pose of obtaining compliance by Iraq with what he wanted at all. The Rules Committee priations Committee have been threatened United Nations Security Council Resolutions decided that Mr. TIAHRT really wanted to take with removal from the Committee if they don't relating to inspection and destruction of weap- additional rescissions out of Section 8 hous- go along with the leadership's strategy on this ons of mass destruction in Iraq unless such ingÐhe just didn't know it. important bill. I can only imagine what will be operations are specifically authorized by a law Finally, I have to protest the ill treatment done to those Republican Members not on the enacted after the date of the enactment of this given to Mr. WALSH and Mr. SOLOMON and Appropriations Committee. They are likely to Act.'' This language is virtually identical to New England Members in the manager's be drawn and quartered, or perhaps even H.R. 3208, a bill I introduced in February of amendment. Why weren't these Members in- worseÐleft out of the next self-executing rule. this year to require Congressional consent cluded in the self-executing rule? What does I urge my colleagues to oppose the rule. prior to any offensive attack by the United the leadership have against these champions Mr. ALLEN. Mr. Chairman, I rise today in States on the Republic of Iraq. of assistance to New England? Why are they strong support of the manager's amendment Unfortunately, Congress has refused to ac- singled out for 10 minutes of actual debate to supplement the community development knowledge anytime recently that the proper and a vote on their meritorious amendment? block grant (CDBG) Program by $20 million. and constitutional role of the U.S. military is to Only the Republican leadership knows for While I regret that the offset comes from sec- provide for the national defense and not the sure. tion 8 housing, the Northeast needs CDBG security of all foreign entities against attacks Unfortunately, the House will never know funding to recover from the aftermath of ice by all other foreign entities. It was for this rea- what it is missing today. Democrats proposed storm 1998. son that I submitted amendments to defund some good amendments to this billÐamend- In January, Maine was hit by the worst natu- the military appropriations in H.R. 3579. The ments and policy questions worthy of consid- ral disaster in its history. Heavy ice accumula- proper amount of appropriations for unjustifi- eration by this House. tionÐup to five inches of iceÐsnapped utility able United States peacekeeping missions I proposed an amendment to the Rules poles in two. Two million feet of cable line, around the world is zero. Instead, this bill re- Committee myself concerning the way USDA's 2,600 utility poles, and 1,500 transformers scinds funding from domestic programs such Non-insured Crop Assistance ProgramÐa dis- were replaced. Roughly 649,000 customersÐ as airport funding to be spent on our ``police- aster program of last resortÐwas working half of the population of MaineÐwere out of the-world'' program. against farmers in California and other parts of electricity in the dead of winter. For some rural It has become the accepted political notion the country who had suffered 80- to 100-per- areas, it took three weeks for electricity to be in this century that war is a Presidential matter cent agricultural losses, but happened to live restored. in which Congress may not meddle, and cer- in counties that had not experienced 35-per- When Vice-President Gore visited Maine tainly never offer dissenting views. Yet, no cent losses county-wide. after the first of two ice storms in January, he place in the Constitution do we find a presi- I'm particularly disappointed that the Rules said that it looked as if a neutron bomb had dential fiat power to conduct war. To the con- Committee did not make it in order because hit MaineÐthe people were fine, but the utility trary, we find strict prohibitions placed on the the Chairman of the Appropriations Committee infrastructure had been destroyed. The cost of President when it comes to dealing with for- had indicated a willingness to have my repairing the electrical infrastructure in Maine eign nations. The Constitution is clear: No war amendment considered today. I proposed it at was $81 million. may be fought without a specific declaration the Appropriations Committee but withdrew it The Federal Emergency Management Agen- by the Congress. at the chairman's request, pending its scoring cy (FEMA) has identified utility costs as a I, in fact, introduced H.R. 3208, in an effort by the Congressional Budget Office. major unmet need. In the President's action to protect US troops from unnecessary expo- As expected, CBO determined my amend- plan for recovery, the CDBG Program is cited sure to harm and to stop President Clinton ment had a spending impact. However, the as one that can supplement other Federal as- from initiating the use of force in the Persian Rules Committee never set conditions for pro- sistance in repairing and reconstructing infra- Gulf. As a former Air Force flight surgeon, I posed amendments to this bill. I believe the structure. 24 CFR § 570.201(1) provides that am committed to supporting troops and be- House should have had the opportunity to de- CDBG funds may be used to acquire, con- lieve the only way to completely support sol- cide whether my amendment was worthwhile struct, reconstruct, rehabilitate, or install the diers is to not put them in harms way except and to be given the opportunity to determine distribution lines and facilities of privately- to defend our nation. Of course, those drum- offsets if offsets were believed to be war- owned utilities. ming for war say they want everyone to sup- ranted. Supplemental CDBG funding is critical to port the troops by sending them into battle: a But I'm not the only Democrat left in the address needs stemming from the ice storm contradiction, at best. lurch. that devastated Maine and the other North- There is absolutely no moral or constitu- Mr. MURTHA proposed an amendment to eastern States. Without the additional CDBG tional reason to go to war with Iraq or further strike the offsets. funding, our residents would bear much of the intervene in Bosnia at this time. To go to war Mr. OBEY proposed an amendment to link high cost of this natural disaster. That would to enforce the dictates of the United Nations, the Administration's entire supplemental re- be unfair. Mainers have paid their fair share or to play the part of `policemen of the world,' March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1815 offends the sensibilities of all who seek to fol- Mr. Chairman, I applaud the Committee's from bilingual education programs and effec- low the Constitution. I refuse to participate in work on this bill and urge its immediate adop- tively terminate the AmeriCorps program. (or fund) an action which would possibly ex- tion. Frankly, this is an unacceptable assault on pose even one soldier to risk when there is Mr. DAN SCHAEFER of Colorado. Mr. several currently funded Federal programs absolutely no immediate threat to the territory Chairman, I rise to speak about a subject that both without any demonstrated cause or fair of the United States. is very much on people's minds these days. warning. For these reasons I must oppose this bill That is, the upcoming sale of oil from the Stra- Although I think everyone knows how I feel which provides additional funding for exactly tegic Petroleum Reserve for budgetary pur- about this, I will state on the record anyway these purposes. poses. This past week there have been arti- that I fully support and appreciate the difficult Mr. EVERETT. Mr. Chairman, I rise in cles and editorials in newspapers across the duty that our Armed Forces have been asked strong support of this emergency supple- country from places as different as Chicago, to perform overseas. I do not take that duty for mental appropriations bill. The Nation has two New Orleans, Syracuse, and Dallas noting the granted, and cherish their bravery in the face compelling needs that warrant immediate at- foolishness of the sale this Congress author- of danger above all else. tention by this Congress. First, the Clinton Ad- ized last fall. Nevertheless, we can not harm a delicate ministration's foreign policy has launched our For the past three years, Chairman BLILEY balance of important domestic interests just military to the four corners of the world without and I have stood on this House floor and op- because we are either in a rush to fund our the appropriate funding to conduct these mis- posed sales of oil from the Reserve as a troops' activities abroad or because we have sions. Whether or not you support the Admin- means of raising revenues. I opposed these ancillary political and partisan interests at istration's policy in Bosnia or Southwest Asia, sales first and foremost because of their im- stake in the cuts made by this bill. Honestly, we must give the men and women in uniform pact on our energy security. Diminishing the either reason is an unacceptable motive for our full support. The defense budget has been Reserve which we paid such a dear price to robbing hundreds of thousands of Americans in great decline for 13 consecutive years, and create, over $21 million, will increase our vul- of the opportunity to have adequate shelter cannot sustain the continual drain of these nerability to those who would hold this nation over their heads. types of forward deployed operations without hostage by withholding critical oil supplies. I have made a good faith effort to relieve sufficient funding. In the past, the costs asso- Second, it has never made any fiscal sense the unnecessary pressures of this difficult ``ei- ciated with these operations were taken ``out to buy high and sell low. We have spent over ther-or'' choice by offering two wide-sweeping of hide'' by raiding the readiness accounts. $35 in purchasing and maintaining every bar- amendments to this supplemental appropria- Unless we provide DOD with an additional $2 rel of oil in the Reserve. When the upcoming tions bill. These two amendments would do billion for these operations, our military leaders oil sale was approved last year I criticized it the following, one would restore the 1.9 billion have testified that all training will be halted because it looked like the government was dollars for elderly and low-income section 8 during the fourth quarter to pay for the Admin- going to lose $10 per barrel sold. Now that oil housing stricken by the bill, and the second istration's foreign policy forays. That is unac- prices have dropped that oil will be sold at a amendment would reauthorize the AmeriCorps ceptable, so we must move expeditiously with loss of nearly $20 a barrel and people are program. Both of these amendments would at this appropriations bill. Secondly, and most important to many of starting to wake up to the folly of their actions. least minimize the unjustifiable harshness of my constituents in southeast Alabama, is the As Charles Osgood is his Osgood File noted this hurried piece of legislation. $175 million in disaster assistance funding in- last week ``This is what you call being penny- If we are going to make drastic changes in cluded in this legislation. Just three weeks wise and pound foolish. Its what you call being the current appropriations for a host of Federal ago, a large portion of my district, encompass- short-sighted. It's what you call being dumb.'' programs, let's do it aboveboard. Let's ad- ing 12 of the 15 counties, have been declared Finally, I would like to point out that an oil dress each of these programs specifically, and a disaster area due to extreme flooding from sale of nearly 20 million barrels will be dev- not destroy these programs under the guise of the El Nino rains. One city in particular, Elba, astating to a domestic oil industry that is al- essential military and disaster relief spending. was especially hard hit when a levee ready almost decimated by low oil prices. In- For these reasons, I oppose this emergency breached, resulting in two tragic deaths. The stead of hurting our industry by adding to an supplemental appropriations bill unless signifi- entire town was submerged in six feet of already glutted market, we should be taking cant changes are made. water, and displaced 2,000 residents. advantage of today's low prices to help our- Mr. COSTELLO. Mr. Chairman, I rise today The State is still in the preliminary stages of selves by purchasing oil. in opposition to H.R. 3579. This House has a making final damage assessments, but it's Mr. Chairman, I don't have an amendment responsibility to help those affected by the ter- clear that, in addition to the loss of personal to offer today, but I know that language strik- rible El Nino-driven rains and midslides in the property, serious road, bridge and railroad ing the sale is in the companion bill consid- West, ice storms in the Northeast, tornadoes, damage has resulted from this flooding. I'm ered by the other body. I would urge the floods and other natural disasters. We have a pleased that the committee has made addi- House to accept such language when we go very real responsibility to our troops in Bosnia tional funding available for the emergency re- to conference on these bills. and the Persian Gulf. However, we cannot lief program to repair damaged highways and I also hope that we learn from the con- abandon our responsibility to protect the most rail lines. The Administration has sent up an sequences of our actions and hope that this vulnerable members of our society. I am ap- additional request for 1.66 billion for future and year we finally end the practice of selling our palled that Republican leaders plan to offset unmet FEMA requirements, which I under- energy security at bargain basement prices so disaster and emergency assistance with cuts stand will be dealt with during the House-Sen- that we never find ourselves in this situation in programs that will hurt the elderly, children ate conference. This FEMA funding will go again. As was stated in the Chicago Tribune and low-income Americans. along way in helping with their much-needed editorial this past Sunday, ``Selling the oil into I am disappointed I am being forced to vote individual and family grant programs, reloca- a flooded market at what amounts to a half-off against funding for disaster assistance. How- tion assistance and disaster mitigation plans. price is just plain nutty.'' ever, we cannot kowtow to another Repub- Prior to the flood, area farmers were also Ms. JACKSON-LEE of Texas. Mr. Chair- lican maneuver to rob from the poor to protect experiencing problems with the heavy rains man, I am rising today to speak in opposition the interests of the rich. The spending cuts that prevented necessary field preparations for to this poorly crafted emergency supplemental that Republicans have demanded are targeted this crop year. To add insult to injury, these appropriations bill being presented before us on the most vulnerable in our society. These heavy rains follow on last summer's drought today. The fact of the matter is that this bill as cuts will force more than 800,00 low-income that greatly reduced our farmer's crop yields. it stands, would callously harm the most vul- Americans from their homes, including more The bill provides additional funding for USDA's nerable members of our society, and do so, than 100,000 older Americans. I cannot sup- Emergency Conservation Program, Agricul- for what? Why must this Congress make a port such drastic cuts to our Section 8 low-in- tural Credit Insurance Fund Program, Live- mutually exclusive choice between on one come housing program. I will not be a party to stock Disaster Assistance, and Watershed and side, our troops overseas who need our sup- evicting almost a million Americans from their Flood Prevention Operations. Our farmers do port and those who are suffering as a result of homes. a great job in providing the United States with natural disasters, and on the other side, sev- These offsetsÐwhich drastically cut or elimi- the cheapest and most plentiful food supply in eral essential programs that were funded in nate important safety-net programsÐare being the world. The least we should do as a Na- last year's balanced budget agreement. offered up by the same Republican leaders tional is make these assistance programs This bill, as proposed, would cut nearly 2 who want more tax cuts for the rich. We more readily available to our farmers to help billion dollars from section 8 funding for elderly should be closing corporate loopholes rather mitigate damages from natural disasters. and low-income housing, 75 million dollars than closing off opportunities and programs H1816 CONGRESSIONAL RECORD — HOUSE March 31, 1998 that provide a lifeline for the poor and vulner- emergency food and shelter, individual and which have suffered from natural disasters, I able in our society. If we would end just some family assistance, the clean-up of debris, and hope that Guam's request for disaster assist- corporate subsidies we could ensure that our temporary unemployment assistance. While ance will be taken into account. Disasters are military troops overseas and those impacted we appreciate the immediate federal re- disasters wherever they occur, and the Amer- by natural disasters here at home will receive sponse, the devastation is such that the ability ican citizens in the States and the territoriesÐ the assistance they need. They deserve no to address the long-term recovery needs is from the Caribbean to the Pacific areasÐlook less. beyond the capability of the Government of to the federal government for leadership and I urge my colleagues to reject this bill. We Guam. cooperation during difficult times. I trust that should send this bill back to the Committee to On behalf of my constituents, I want to ex- the Congress will augment this emergency find offsets that do not compromise the health, press my deep disappointment that Guam's supplemental bill with some much-needed safety and well-being of the most vulnerable in needs as a civilian community were not ad- funds for Guam's recovery from Supertyphoon our society. dressed in the President's submission in this Paka. Mr. FRELINGHUYSEN. Mr. Chairman, I rise disaster bill. To be sure, there is proposed The CHAIRMAN. The 30 minutes for in support of H.R. 3579, the FY 1998 Emer- funding for the repair of military facilities in this debate under the rule has expired. The gency Supplemental Appropriations Act. submission and I certainly support this. How- gentleman from Louisiana (Mr. LIVING- First, this bill meets our obligations to our ever, the needs of the people of Guam for STON) has 7 minutes remaining in gen- young men and women who are serving our housing and repair of economically vital facili- eral debate, and the gentleman from country in our Armed Forces halfway around ties like the Port have not been included. Wisconsin (Mr. OBEY) has 1 minute re- the worldÐin Bosnia and the Persian Gulf. Guam estimates that 5,774 houses were maining. Mr. OBEY. Mr. Chairman, I yield It should be noted that this Administration, damaged by Typhoon Paka, of which 1,716 back the balance of my time. knowing full well that our troops would remain received major damages and 1,284 were to- tally destroyed. The individuals whose homes Mr. LIVINGSTON. Mr. Chairman, I in Bosnia long after their promised departure yield back the balance of my time. date, failed to request funding for that mission were damaged or destroyed applied for SBA loans. Many of those loans were approved; The CHAIRMAN. All time for general for the full fiscal year. That, Mr. Speaker, is debate has expired. unacceptable and with this bill we in Congress however, many families fell through the cracks. Families who were denied SBA loans Pursuant to the rule, the bill is con- will provide the necessary leadership to meet sidered read for amendment under the those commitments. returned to substandard houses or to rebuilt wooded or tin structures. The Government of 5-minute rule. Second, with this bill we are responding to The amendments printed in part I of Guam estimates that 759 families, fifteen per- the needs of families and communities here in House Report 105–473 are adopted. the United States that have been devastated cent of the total households that were dam- The text of H.R. 3579, as amended by by flooding, tornadoes and other natural disas- aged, are now living in substandard housing. the amendments printed in Part I of ters. Many of those who continue to be homeless House Report 105–473, is as follows: are now residing with relatives until they are With this bill, we are also keeping our com- H.R. 3579 able to rebuild their homes through whatever mitment to pay for this added spending and Be it enacted by the Senate and House of Rep- we are meeting our obligations under the Bal- means possible. resentatives of the United States of America in I am hopeful that Guam's request for disas- anced Budget Agreement. Congress assembled, That the following sums ter housing assistance can be addressed by I urge passage of the bill. are appropriated, out of any money in the the conferees or dealt with by the Department Treasury not otherwise appropriated, for the Ms. DELAURO. I rise in strong opposition to of Housing and Uban Development in its regu- fiscal year ending September 30, 1998, and for this bill. Once again, emergency funds are lar appropriations process. other purposes, namely: being held hostage by an extreme Washington I have also written to the members of the TITLE I political agenda. Appropriations Committee requesting supple- EMERGENCY SUPPLEMENTAL The President and Congressional Demo- mental funds for improvements to Guam's port APPROPRIATIONS crats proposed passing one single bill with facility. Our commercial port, which is the life- CHAPTER 1 funds for families hit hard by natural disasters, line for all of the residents of Guam, was dam- DEPARTMENT OF AGRICULTURE for our troops stationed in Bosnia, and for the aged by the storm and needs to be restored FARM SERVICE AGENCY businesses weathering the Asian financial cri- to its economic vitality. The emergency sup- EMERGENCY CONSERVATION PROGRAM sis. plemental bill includes funds for the Corps of For an additional amount for ‘‘Emergency Instead, my Republican colleagues have Engineers to help with disaster-assistance Conservation Program’’ for expenses result- chosen to play political games. They have projects across the country. I am pleased that ing from ice storms, flooding, and other nat- coupled money for rebuilding communities hit the Chairman of the Energy and Water Appro- ural disasters, $20,000,000, to remain avail- by El Nino, keeping Saddam Hussein in priations Subcommittee agrees with me that able until expended, which shall be available check, and preventing the former Yugoslavia only to the extent that an official budget re- the Corps of Engineers should consider quest that includes designation of the entire from flaring out of control with almost $3 billion Guam's request in conjunction with other in unnecessary cuts in housing, education, amount of the request as an emergency re- projects eligible for emergency disaster assist- quirement as defined in the Balanced Budget and community services. Why? To force the ance. I will urge the House and Senate con- and Emergency Deficit Control Act of 1985, President to veto this bill with its urgently ferees to acknowledge this need and to urge as amended, is transmitted by the President needed funds. the Corps of Engineers to prioritize the port re- to Congress: Provided, That the entire By playing politics, my colleagues in the ma- construction projects for Guam. These port amount is designated by Congress as an jority are holding America's national securityÐ projects will have a positive effect on Guam's emergency requirement pursuant to section 251(b)(2)(A) of such Act. at home and abroadÐhostage. This is no time long-term recovery and its ability to withstand to play politics. People are suffering. American future devastating storms such as Typhoon TREE ASSISTANCE PROGRAM families' futures are in jeopardy. An amount of $4,700,000 is provided for as- Paka. sistance to replace or rehabilitate trees and I urge my colleagues to vote against politics Mr. Chairman, the people of Guam have a as usual. Vote against this bill. vineyards damaged by natural disasters: Pro- history of weathering countless tropical storms vided, That the entire amount shall be avail- Mr. UNDERWOOD. Mr. Speaker, I rise because we are geographically in a typhoon able only to the extent that an official budg- today to discuss the federal response to natu- alley. We learn from each experience and we et request of $4,700,000, that includes designa- ral disasters, particularly as it relates to the re- have taken positive steps after each storm to tion of the entire amount of the request as cent devastating storm which hit Guam. Last harden our homes and structures and to pre- an emergency requirement as defined in the December, Supertyphoon Paka, with winds pare for hard times. Currently, FEMA and the Balanced Budget and Emergency Deficit gusts of about 200 miles per hour, damaged Government of Guam are working on a task Control Act of 1985, as amended, is transmit- about 70 percent of the homes, toppled con- ted by the President to the Congress: Pro- force to recommend a number of hazard miti- vided further, That the entire amount is des- crete telephone poles, damaged much of the gation activities which will help us in future ignated by Congress as an emergency re- island's infrastructure, and caused thousands devastating storms. To have survived Super- quirement pursuant to section 251(b)(2)(A) of of people to be homeless. typhoon Paka with no loss of life is a testa- such Act. The Federal Emergency Management Agen- ment to the resilience and vitality of the people AGRICULTURAL CREDIT INSURANCE FUND cy, the Small Business Administration, and of Guam. PROGRAM ACCOUNT other federal agencies responded to the im- As Congress and the Administration ad- For additional gross obligations for the mediate needs of the people of Guam, with dresses the needs of the various communities principal amount of emergency insured loans March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1817 authorized by 7 U.S.C. 1928–1929, to be avail- damages to the waterways and watersheds Budget and Emergency Deficit Control Act able from funds in the Agricultural Credit resulting from ice storms, flooding, torna- of 1985, as amended: Provided further, That of Insurance Fund, for losses in fiscal year 1998 does and other natural disasters, $65,000,000, this amount, $5,700,000 shall be available resulting from ice storms, flooding and other to remain available until expended: Provided, only to the extent that an official budget re- natural disasters, $87,000,000. That the entire amount shall be available quest for a specific dollar amount, that in- For the additional cost of emergency in- only to the extent that an official budget re- cludes designation of the entire amount of sured loans, including the cost of modifying quest for $65,000,000, that includes designa- the request as an emergency requirement as loans as defined in section 502 of the Con- tion of the entire amount of the request as defined in the Balanced Budget and Emer- gressional Budget Act of 1974, $21,000,000, to an emergency requirement as defined in the gency Deficit Control Act of 1985, as amend- remain available until expended: Provided, Balanced Budget and Emergency Deficit ed, is transmitted by the President to Con- That the entire amount shall be available Control Act of 1985, as amended, is transmit- gress. only to the extent that an official budget re- ted by the President to the Congress: Pro- OPERATION AND MAINTENANCE, MARINE CORPS quest for $21,000,000 that includes designation vided further, That the entire amount is des- For an additional amount for ‘‘Operation of the entire amount of the request as an ignated by Congress as an emergency re- emergency requirement as defined in the and Maintenance, Marine Corps’’, $26,810,000: quirement pursuant to section 251(b)(2)(A) of Provided, That such amount is designated by Balanced Budget and Emergency Deficit such Act. Control Act of 1985, as amended, is transmit- Congress as an emergency requirement pur- CHAPTER 2 ted by the President to the Congress: Pro- suant to section 251(b)(2)(A) of the Balanced vided further, That the entire amount is des- DEPARTMENT OF DEFENSE Budget and Emergency Deficit Control Act ignated by Congress as an emergency re- DEPARTMENT OF DEFENSE—MILITARY of 1985, as amended: Provided further, That the entire amount shall be available only to quirement pursuant to section 251(b)(2)(A) of MILITARY PERSONNEL the Balanced Budget and Emergency Deficit the extent that an official budget request for MILITARY PERSONNEL, ARMY Control Act of 1985, as amended. a specific dollar amount, that includes des- For an additional amount for ‘‘Military ignation of the entire amount of the request COMMODITY CREDIT CORPORATION FUND Personnel, Army’’, $184,000,000: Provided, as an emergency requirement as defined in LIVESTOCK DISASTER ASSISTANCE FUND That such amount is designated by Congress the Balanced Budget and Emergency Deficit Effective only for losses incurred begin- as an emergency requirement pursuant to Control Act of 1985, as amended, is transmit- ning on November 27, 1997, through the date section 251(b)(2)(A) of the Balanced Budget ted by the President to Congress. of enactment of this Act, $4,000,000, to imple- and Emergency Deficit Control Act of 1985, OPERATION AND MAINTENANCE, AIR FORCE ment a livestock indemnity program to com- as amended. pensate producers for losses of livestock (in- For an additional amount for ‘‘Operation MILITARY PERSONNEL, NAVY cluding ratites) due to natural disasters des- and Maintenance, Air Force’’, $49,200,000: ignated pursuant to a Presidential or Sec- For an additional amount for ‘‘Military Provided, That such amount is designated by retarial declaration requested during such Personnel, Navy’’, $22,300,000: Provided, That Congress as an emergency requirement pur- period in a manner similar to catastrophic such amount is designated by Congress as an suant to section 251(b)(2)(A) of the Balanced loss coverage available for other commod- emergency requirement pursuant to section Budget and Emergency Deficit Control Act ities under 7 U.S.C. 1508(b): Provided, That 251(b)(2)(A) of the Balanced Budget and of 1985, as amended: Provided further, That of the entire amount shall be available only to Emergency Deficit Control Act of 1985, as this amount, $21,800,000 shall be available the extent that an official budget request of amended. only to the extent that an official budget re- $4,000,000, that includes designation of the MILITARY PERSONNEL, MARINE CORPS quest for a specific dollar amount, that in- cludes designation of the entire amount of entire amount of the request as an emer- For an additional amount for ‘‘Military the request as an emergency requirement as gency requirement as defined in the Bal- Personnel, Marine Corps’’, $5,100,000: Pro- defined in the Balanced Budget and Emer- anced Budget and Emergency Deficit Control vided, That such amount is designated by gency Deficit Control Act of 1985, as amend- Act of 1985, as amended, is transmitted by Congress as an emergency requirement pur- ed, is transmitted by the President to Con- the President to the Congress: Provided fur- suant to section 251(b)(2)(A) of the Balanced gress. ther, That the entire amount is designated Budget and Emergency Deficit Control Act by Congress as an emergency requirement of 1985, as amended. OPERATION AND MAINTENANCE, DEFENSE-WIDE pursuant to section 251(b)(2)(A) of the Bal- MILITARY PERSONNEL, AIR FORCE For an additional amount for ‘‘Operation anced Budget and Emergency Deficit Control and Maintenance, Defense-Wide’’, $1,390,000: For an additional amount for ‘‘Military Act of 1985, as amended. Provided, That such amount is designated by Personnel, Air Force’’, $10,900,000: Provided, DAIRY PRODUCTION INDEMNITY ASSISTANCE Congress as an emergency requirement pur- That such amount is designated by Congress PROGRAM suant to section 251(b)(2)(A) of the Balanced as an emergency requirement pursuant to Effective only for losses incurred begin- Budget and Emergency Deficit Control Act section 251(b)(2)(A) of the Balanced Budget ning on November 27, 1997, through the date of 1985, as amended. of enactment of this Act, $6,800,000 to imple- and Emergency Deficit Control Act of 1985, as amended. OPERATION AND MAINTENANCE, ARMY ment a dairy production indemnity program RESERVE to compensate producers for losses of milk RESERVE PERSONNEL, NAVY For an additional amount for ‘‘Operation that had been produced but not marketed or For an additional amount for ‘‘Reserve and Maintenance, Army Reserve’’, $650,000: for diminished production (including dimin- Personnel, Navy’’, $4,100,000: Provided, That Provided, That such amount is designated by ished future production due to mastitis) due such amount is designated by Congress as an Congress as an emergency requirement pur- to natural disasters designated pursuant to a emergency requirement pursuant to section suant to section 251(b)(2)(A) of the Balanced Presidential or Secretarial declaration re- 251(b)(2)(A) of the Balanced Budget and Budget and Emergency Deficit Control Act quested during such period: Provided, That Emergency Deficit Control Act of 1985, as of 1985, as amended. payments for diminished production shall be amended. OPERATION AND MAINTENANCE, AIR FORCE determined on a per head basis derived from OPERATION AND MAINTENANCE a comparison to a like production period RESERVE from the previous year, the disaster period is OPERATION AND MAINTENANCE, ARMY For an additional amount for ‘‘Operation 180 days starting with the date of the disas- For an additional amount for ‘‘Operation and Maintenance, Air Force Reserve’’, ter and the payment rate shall be $4.00 per and Maintenance, Army’’, $2,586,000: Pro- $229,000: Provided, That such amount is des- hundredweight of milk: Provided further, vided, That such amount is designated by ignated by Congress as an emergency re- That the entire amount shall be available Congress as an emergency requirement pur- quirement pursuant to section 251(b)(2)(A) of only to the extent that an official budget re- suant to section 251(b)(2)(A) of the Balanced the Balanced Budget and Emergency Deficit quest of $6,800,000, that includes designation Budget and Emergency Deficit Control Act Control Act of 1985, as amended. of the entire amount of the request as an of 1985, as amended: Provided further, That of OPERATION AND MAINTENANCE, ARMY emergency requirement as defined in the this amount, $700,000 shall be available only NATIONAL GUARD to the extent that an official budget request Balanced Budget and Emergency Deficit For an additional amount for ‘‘Operation Control Act of 1985, as amended, is transmit- for a specific dollar amount, that includes and Maintenance, Army National Guard’’, ted by the President to the Congress: Pro- designation of the entire amount of the re- $5,925,000: Provided, That such amount is des- vided further, That the entire amount is des- quest as an emergency requirement as de- ignated by Congress as an emergency re- ignated by Congress as an emergency re- fined in the Balanced Budget and Emergency quirement pursuant to section 251(b)(2)(A) of quirement pursuant to section 251(b)(2)(A) of Deficit Control Act of 1985, as amended, is the Balanced Budget and Emergency Deficit the Balanced Budget and Emergency Deficit transmitted by the President to Congress. Control Act of 1985, as amended: Provided fur- Control Act of 1985, as amended. OPERATION AND MAINTENANCE, NAVY ther, That of this amount, $5,750,000 shall be NATURAL RESOURCES CONSERVATION SERVICE For an additional amount for ‘‘Operation available only to the extent that an official WATERSHED AND FLOOD PREVENTION and Maintenance, Navy’’, $53,800,000: Pro- budget request for a specific dollar amount, OPERATIONS vided, That such amount is designated by that includes designation of the entire For an additional amount for ‘‘Watershed Congress as an emergency requirement pur- amount of the request as an emergency re- and Flood Prevention Operations’’ to repair suant to section 251(b)(2)(A) of the Balanced quirement as defined in the Balanced Budget H1818 CONGRESSIONAL RECORD — HOUSE March 31, 1998

and Emergency Deficit Control Act of 1985, SEC. 202. Funds appropriated by this Act, (9) Ensure the accuracy of patient data and as amended, is transmitted by the President or made available by the transfer of funds in information. to Congress. this Act, for intelligence activities are (d) REPORT.—Not later than six months OPERATION AND MAINTENANCE, AIR NATIONAL deemed to be specifically authorized by the after the date on which the panel is estab- GUARD Congress for purposes of section 504 of the lished, the panel shall submit to the Sec- For an additional amount for ‘‘Operation National Security Act of 1947 (50 U.S.C. 414). retary a report setting forth its findings and SEC. 203. In addition to the amounts appro- and Maintenance, Air National Guard’’, conclusions, and the reasons therefor, and priated to the Department of Defense under $975,000: Provided, That such amount is des- such recommendations it deems appropriate. Public Law 105–56, there is hereby appro- ignated by Congress as an emergency re- The Secretary shall forward the report of the priated $37,000,000 for the ‘‘Reserve Mobiliza- quirement pursuant to section 251(b)(2)(A) of panel to Congress not later than 15 days tion Income Insurance Fund’’, to remain the Balanced Budget and Emergency Deficit after the date on which the Secretary re- available until expended: Provided, That such Control Act of 1985, as amended: Provided fur- ceives it, together with the Secretary’s com- amount is designated by Congress as an ther, That the entire amount shall be avail- ments on the report. emergency requirement pursuant to section (e) PANEL ADMINISTRATION.—(1) The mem- able only to the extent that an official budg- 251(b)(2)(A) of the Balanced Budget and bers of the panel shall be allowed travel ex- et request for a specific dollar amount, that Emergency Deficit Control Act of 1985, as penses, including per diem in lieu of subsist- includes designation of the entire amount of amended: Provided further, That the entire ence, at rates authorized by law for employ- the request as an emergency requirement as amount shall be available only to the extent ees of agencies while away from their homes defined in the Balanced Budget and Emer- that an official budget request for a specific or regular places of business in the perform- gency Deficit Control Act of 1985, as amend- dollar amount, that includes designation of ance of services for the panel. ed, is transmitted by the President to Con- the entire amount of the request as an emer- (2) Upon request of the chairperson of the gress. gency requirement as defined in the Bal- panel, the Secretary of Defense may detail to OVERSEAS CONTINGENCY OPERATIONS anced Budget and Emergency Deficit Control the panel, on a nonreimbursable basis, per- TRANSFER FUND Act of 1985, as amended, is transmitted by sonnel of the Department of Defense to as- (INCLUDING TRANSFER OF FUNDS) the President to Congress. sist the panel in carrying out its duties. The For an additional amount for ‘‘Overseas (INCLUDING TRANSFER OF FUNDS) Secretary of Defense shall furnish to the Contingency Operations Transfer Fund’’, SEC. 204. (a) QUALITY ASSURANCE REPORT panel such administrative and support serv- $1,829,900,000: Provided, That such amount is ON MILITARY HEALTH CARE.—The Secretary ices as may be requested by the chairman of designated by Congress as an emergency re- of Defense shall appoint an independent the panel. quirement pursuant to section 251(b)(2)(A) of panel of experts to evaluate recent measures (f) PANEL FINANCING.—Of the funds appro- the Balanced Budget and Emergency Deficit taken by the Acting Assistant Secretary of priated in Public Law 105–56 for ‘‘Research, Control Act of 1985, as amended: Provided fur- Defense for Health Affairs and the Surgeons Development, Test and Evaluation, Navy’’, ther, That the Secretary of Defense may General of the Army, Navy and Air Force to $5,000,000 shall be transferred to ‘‘Defense transfer these funds to fiscal year 1998 appro- improve the quality of care provided by the Health Program’’, to be available through priations for operation and maintenance, Military Health Services System. fiscal year 1999, only for administrative costs working capital funds, the Defense Health (b) MEMBERSHIP.—(1) The panel shall be of this panel and for the express purpose of Program, procurement, and research, devel- composed of nine members appointed by the initiating or accelerating any activity iden- opment, test and evaluation: Provided fur- Secretary of Defense. At least five of those tified by the panel that will improve the ther, That the funds transferred shall be members shall be persons who are highly quality of health care provided by the Mili- merged with and shall be available for the qualified in the medical arts, have experi- tary Health Services System. same purposes and for the same time period ence in setting health care standards, and CHAPTER 3 as the appropriation to which transferred: possess a demonstrated understanding of the DEPARTMENT OF DEFENSE—CIVIL military health care system and its unique Provided further, That the transfer authority DEPARTMENT OF THE ARMY provided in this paragraph is in addition to mission requirements. The remaining mem- CORPS OF ENGINEERS—CIVIL any other transfer authority contained in bers shall be persons who are current bene- Public Law 105–56. ficiaries of the Military Health Services Sys- OPERATION AND MAINTENANCE, GENERAL REVOLVING AND MANAGEMENT FUNDS tem. For emergency repairs due to flooding and (2) The Secretary shall designate one mem- other natural disasters, $84,457,000, to remain NAVY WORKING CAPITAL FUND ber to serve as chairperson of the panel. available until expended, of which such For an additional amount for ‘‘Navy Work- (3) The Secretary shall appoint the mem- amounts for eligible navigation projects ing Capital Fund’’, $30,467,000: Provided, That bers of this panel not later than 45 days after which may be derived from the Harbor Main- such amount is designated by Congress as an enactment of this Act. tenance Trust Fund pursuant to Public Law emergency requirement pursuant to section (c) FUNCTIONS OF THE PANEL.—The panel 99–662, shall be derived from that Fund: Pro- 251(b)(2)(A) of the Balanced Budget and shall review the Department of Defense Ac- vided, That the entire amount shall be avail- Emergency Deficit Control Act of 1985, as cess and Quality Improvement Initiative an- able only to the extent an official budget re- amended: Provided further, That of this nounced in early 1998 (together with other quest for a specific dollar amount that in- amount, $7,450,000 shall be available only to related quality improvement actions) to as- cludes designation of the entire amount of the extent that an official budget request for sess whether all reasonable measures have the request as an emergency requirement as a specific dollar amount, that includes des- been taken to ensure that the Military defined in the Balanced Budget and Emer- ignation of the entire amount of the request Health Services System delivers health care gency Deficit Control Act of 1985, as amend- as an emergency requirement as defined in services in accordance with consistently ed, is transmitted by the President to Con- the Balanced Budget and Emergency Deficit high professional standards. The panel shall gress: Provided further, That the entire Control Act of 1985, as amended, is transmit- specifically assess actions of the Department amount is designated by Congress as an ted by the President to Congress. to accomplish the following objectives of emergency requirement pursuant to section DEFENSE-WIDE WORKING CAPITAL FUND that initiative and related management ac- 251(b)(2)(A) of the Balanced Budget and For an additional amount for ‘‘Defense- tions: Emergency Deficit Control Act of 1985, as Wide Working Capital Fund’’, $1,000,000: Pro- (1) Upgrade professional education and amended. training requirements for military physi- vided, That such amount is designated by DEPARTMENT OF THE INTERIOR cians and other health care providers; Congress as an emergency requirement pur- BUREAU OF RECLAMATION suant to section 251(b)(2)(A) of the Balanced (2) Establish ‘‘Centers of Excellence’’ for Budget and Emergency Deficit Control Act complicated surgical procedures; WATER AND RELATED RESOURCES of 1985, as amended. (3) Make timely and complete reports to For an additional amount for ‘‘Water and OTHER DEPARTMENT OF DEFENSE the National Practitioner Data Bank and Related Resources’’ to repair damage caused PROGRAMS eliminate associated reporting backlogs; by floods and other natural disasters, (4) Assure that Military Health Services $4,520,000, to remain available until ex- DEFENSE HEALTH PROGRAM System providers are properly licensed and pended, which shall be available only to the For an additional amount for ‘‘Defense have appropriate credentials; extent that an official budget request for a Health Program’’, $1,900,000: Provided, That (5) Reestablish the Quality Management specific dollar amount that includes designa- such amount is designated by Congress as an Report to aid in early identification of com- tion of the entire amount of the request as emergency requirement pursuant to section pliance problems; an emergency requirement as defined in the 251(b)(2)(A) of the Balanced Budget and (6) Improve communications with bene- Balanced Budget and Emergency Deficit Emergency Deficit Control Act of 1985, as ficiaries to provide comprehensive and objec- Control Act of 1985, as amended, is transmit- amended. tive information on the quality of care being ted by the President to Congress: Provided, GENERAL PROVISIONS provided; That the entire amount is designated by SEC. 201. No part of any appropriation con- (7) Strengthen the National Quality Man- Congress as an emergency requirement pur- tained in this chapter shall remain available agement Program; suant to section 251(b)(2)(A) of the Balanced for obligation beyond the current fiscal year, (8) Ensure that all laboratory work meets Budget and Emergency Deficit Control Act unless expressly so provided herein. professional standards; and of 1985, as amended. March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1819

GENERAL PROVISIONS designated by Congress as an emergency re- For an additional amount for ‘‘Family SEC. 301. The Secretary of the Army shall quirement pursuant to section 251(b)(2)(A) of Housing, Air Force’’ to cover costs arising not authorize, permit, or undertake any ac- the Balanced Budget and Emergency Deficit from El Nino related damage, $900,000, to be tivity to stabilize, cover, or permanently Control Act of 1985, as amended: Provided fur- available only to the extent that an official alter the site where the Kennewick Man re- ther, That of such amount, $28,000,000 shall be budget request for a specific dollar amount mains were discovered prior to the final dis- available only to the extent that an official that includes designation of the entire position of the lawsuit entitled Bonnichsen, budget request for a specific dollar amount amount of the request as an emergency re- et al. v. United States, et al. and designated that includes designation of the entire quirement as defined in the Balanced Budget as United States District Court, District of amount of the request as an emergency re- and Emergency Deficit Control Act of 1985, Oregon CV No. 96–1481, unless such district quirement as defined in such Act is trans- as amended, is transmitted by the President to Congress: Provided, That the entire court makes a determination that such ac- mitted by the President to Congress. amount is designated by Congress as an tivity is reasonable and necessary in light of NATIONAL FOREST SYSTEM emergency requirement pursuant to section potential adverse impacts on scientific in- For an additional amount for ‘‘National 251(b)(2)(A) of the Balanced Budget and vestigation of the site or other relevant con- Forest System’’ for emergency expenses re- Emergency Deficit Control Act of 1985, as siderations. For the purposes of this para- sulting from damages from ice storms, tor- amended. graph, the term ‘‘site’’ means any land, nadoes and other natural disasters, CHAPTER 6 beach, or river bank within 100 yards of the $10,461,000, to remain available until ex- DEPARTMENT OF TRANSPORTATION location where any portion of the Kennewick pended: Provided, That the entire amount is Man remains were discovered. designated by Congress as an emergency re- FEDERAL HIGHWAY ADMINISTRATION CHAPTER 4 quirement pursuant to section 251(b)(2)(A) of FEDERAL-AID HIGHWAYS DEPARTMENT OF THE INTERIOR the Balanced Budget and Emergency Deficit (HIGHWAY TRUST FUND) UNITED STATES FISH AND WILDLIFE Control Act of 1985, as amended: Provided fur- For an additional amount for the Emer- SERVICE ther, That of such amount, $5,461,000 shall be gency Relief Program for emergency ex- available only to the extent that an official penses resulting from floods and other natu- CONSTRUCTION budget request for a specific dollar amount ral disasters, as authorized by 23 U.S.C. 125, For an additional amount for ‘‘Construc- that includes designation of the entire $259,000,000, to be derived from the Highway tion’’, $28,938,000, to remain available until amount of the request as an emergency re- Trust Fund and to remain available until ex- expended, to repair damage caused by floods quirement as defined in such Act is trans- pended: Provided, That the entire amount is and other acts of nature: Provided, That the mitted by the President to Congress. designated by Congress as an emergency re- entire amount is designated by Congress as CHAPTER 5 quirement pursuant to section 251(b)(2)(A) of an emergency requirement pursuant to sec- the Balanced Budget and Emergency Deficit DEPARTMENT OF DEFENSE—MILITARY tion 251(b)(2)(A) of the Balanced Budget and Control Act of 1985, as amended: Provided fur- CONSTRUCTION Emergency Deficit Control Act of 1985, as ther, That of such amount, $35,000,000 shall be amended: Provided further, That of such BASE REALIGNMENT AND CLOSURE ACCOUNT, available only to the extent that an official amount, $25,000,000 shall be available only to PART III budget request for a specific dollar amount the extent that an official budget request for For an additional amount for ‘‘Base Re- that includes designation of the entire a specific dollar amount that includes des- alignment and Closure Account, Part III’’ to amount of the request as an emergency re- ignation of the entire amount of the request cover costs arising from El Nino related quirement as defined in such Act is trans- as an emergency requirement as defined in damage, $1,020,000, to be available only to the mitted by the President to the Congress: Pro- such Act is transmitted by the President to extent that an official budget request for a vided further, That any obligations for the Congress. specific dollar amount that includes designa- Emergency Relief Program shall not be sub- NATIONAL PARK SERVICE tion of the entire amount of the request as ject to the prohibition against obligations in CONSTRUCTION an emergency requirement as defined in the section 2(e)(3)(A) and (D) of the Surface Balanced Budget and Emergency Deficit Transportation Extension Act of 1997: Pro- For an additional amount for ‘‘Construc- Control Act of 1985, as amended, is transmit- vided further, That 23 U.S.C. 125(b)(1) shall tion’’, to repair damage caused by floods and ted by the President to Congress: Provided, not apply to projects resulting from flooding other acts of nature, $8,500,000, to remain That the entire amount is designated by during the fall of 1997 through the winter of available until expended: Provided, That the Congress as an emergency requirement pur- 1998 in California. entire amount is designated by Congress as suant to section 251(b)(2)(A) of the Balanced an emergency requirement pursuant to sec- FEDERAL RAILROAD ADMINISTRATION Budget and Emergency Deficit Control Act tion 251(b)(2)(A) of the Balanced Budget and EMERGENCY RAILROAD REHABILITATION AND of 1985, as amended. Emergency Deficit Control Act of 1985, as REPAIR amended: Provided further, That such amount FAMILY HOUSING, NAVY AND MARINE CORPS For necessary expenses to repair and re- shall be available only to the extent that an For an additional amount for ‘‘Family build freight rail lines of regional and short official budget request for a specific dollar Housing, Navy and Marine Corps’’ to cover line railroads or a State entity damaged by amount that includes designation of the en- costs arising from Typhoon Paka related floods, $9,000,000, to be awarded to the States tire amount of the request as an emergency damage, $15,600,000: Provided, That such subject to the discretion of the Secretary on requirement as defined in such Act is trans- amount is designated by Congress as an a case-by-case basis: Provided, That not more mitted by the President to Congress. emergency requirement pursuant to section than $2,650,000 shall be solely for damage in- UNITED STATES GEOLOGICAL SURVEY 251(b)(2)(A) of the Balanced Budget and curred in the Northern Plains States in Emergency Deficit Control Act of 1985, as March and April 1997: Provided further, That SURVEYS, INVESTIGATIONS, AND RESEARCH amended. not more than $6,350,000 shall be solely for For an additional amount for ‘‘Surveys, In- For an additional amount for ‘‘Family damage incurred as a result of El Nino in the vestigations, and Research’’ for emergency Housing, Navy and Marine Corps’’ to cover fall of 1997 through the winter of 1998: Pro- expenses resulting from floods and other acts costs arising from El Nino related damage, vided further, That funds provided under this of nature, $1,000,000, to remain available $1,000,000, to be available only to the extent head shall be available for rehabilitation of until expended: Provided, That the entire that an official budget request for a specific railroad rights-of-way, bridges, and other fa- amount is designated by Congress as an dollar amount that includes designation of cilities which are part of the general railroad emergency requirement pursuant to section the entire amount of the request as an emer- system of transportation, and primarily used 251(b)(2)(A) of the Balanced Budget and gency requirement as defined in the Bal- by railroads to move freight traffic: Provided Emergency Deficit Control Act of 1985, as anced Budget and Emergency Deficit Control further, That railroad rights-of-way, bridges, amended: Provided further, That such amount Act of 1985, as amended, is transmitted by and other facilities owned by class I rail- shall be available only to the extent that an the President to Congress: Provided, That the roads are not eligible for funding under this official budget request for a specific dollar entire amount is designated by Congress as head, unless the rights-of-way, bridges, or amount that includes designation of the en- an emergency requirement pursuant to sec- other facilities are under contract lease to a tire amount of the request as an emergency tion 251(b)(2)(A) of the Balanced Budget and class II or class III railroad under which the requirement as defined in such Act is trans- Emergency Deficit Control Act of 1985, as lessee is responsible for all maintenance mitted by the President to Congress. amended. costs of the line: Provided further, That rail- DEPARTMENT OF AGRICULTURE road rights-of-way, bridges, and other facili- FAMILY HOUSING, AIR FORCE ties owned by passenger railroads or by tour- FOREST SERVICE For an additional amount for ‘‘Family ist, scenic, or historic railroads are not eligi- STATE AND PRIVATE FORESTRY Housing, Air Force’’ to cover costs arising ble for funding under this head: Provided fur- For an additional amount for ‘‘State and from Typhoon Paka related damage, ther, That these funds shall be available only Private Forestry’’ for emergency expenses $1,500,000: Provided, That such amount is des- to the extent an official budget request for a resulting from damages from ice storms, tor- ignated by Congress as an emergency re- specific dollar amount, that includes des- nadoes and other natural disasters, quirement pursuant to section 251(b)(2)(A) of ignation of the entire amount as an emer- $48,000,000, to remain available until ex- the Balanced Budget and Emergency Deficit gency requirement as defined in the Bal- pended: Provided, That the entire amount is Control Act of 1985, as amended. anced Budget and Emergency Deficit Control H1820 CONGRESSIONAL RECORD — HOUSE March 31, 1998 Act of 1985, as amended, is transmitted by tions Security Council Resolutions relating a Presidential disaster declaration under the President to the Congress: Provided fur- to inspection and destruction of weapons of title IV of the Robert T. Stafford Disaster ther, That the entire amount is designated mass destruction in Iraq unless such oper- Relief and Emergency Assistance Act has by Congress as an emergency requirement ations are specifically authorized by a law been issued, to assist in the long-term recov- pursuant to section 251(b)(2)(A) of the Bal- enacted after the date of the enactment of ery and mitigation from the effects of that anced Budget and Emergency Deficit Control this Act. ice storm; Provided, That such funds may be Act of 1985, as amended: Provided further, SENSE OF THE HOUSE ON SPENDING OFFSETS used for eligible activities, except those ac- That all funds made available under this FOR EMERGENCY SUPPLEMENTAL APPROPRIA- tivities reimbursable or for which funds are head are to remain available until Septem- TIONS made available by the Federal Emergency ber 30, 1998. Management Agency or the Small Business SEC. . (a) FINDINGS.—The House of Rep- Administration: Provided further, That in ad- TITLE II resentatives finds that—— ministering these amounts, the secretary (1) the House has worked diligently to bal- RESCISSIONS may waive, or specify alternative require- ance the Federal budget for the first time in DEPARTMENT OF EDUCATION ments for, any provision of any statute or 30 years; BILINGUAL AND IMMIGRANT EDUCATION regulation that the Secretary administers in (2) the House is committed to fiscal respon- (RESCISSION) connection with the obligation by the Sec- sibility and continued balanced budgets and retary or the use by the recipient of these Of the amounts made available under this will not allow Washington to return to the funds, except for statutory requirements re- heading in Public Law 105–78, $75,000,000 are days of deficit spending; lated to civil rights, fair housing and non- rescinded: Provided, That, to the extent nec- (3) the House is committed to ensuring discrimination, the environment, and labor essary to carry out such rescission, the Sec- that the current level of Federal discre- standards, upon a finding that such waiver is retary of Education shall deobligate funds tionary spending does not increase as a re- required to facilitate the use of such fund: that have been obligated but have not been sult of any emergency supplemental appro- Provided further, That the entire amount expended. priations; and shall be available only to the extent that an DEPARTMENT OF TRANSPORTATION (4) reducing spending to offset emergency official budget request of $20,000,000, that in- supplemental appropriations will send a FEDERAL AVIATION ADMINISTRATION cludes designation of the entire amount of clear message to the American people that the budget request as an emergency require- GRANTS-IN-AID FOR AIRPORTS the Congress is serious about preventing un- ment as defined in the Balanced Budget and (AIRPORT AND AIRWAY TRUST FUND) controlled Federal spending. Emergency Deficit Control Act of 1985, as (RESCISSION OF CONTRACT AUTHORIZATION) (b) SENSE OF THE HOUSE.—It is the sense of amended, is transmitted by the President to the House of Representatives that any emer- Of the available contract authority bal- the Congress: Provided further, That the en- gency supplemental appropriations consid- ances under this heading, $610,000,000 are re- tire amount is designated by Congress as an ered in the 105th Congress shall not result in scinded. emergency requirement pursuant to section an increased level of total Federal discre- 251(b)(2)(A) of the Balanced Budget and GRANTS-IN-AID FOR AIRPORTS tionary spending. Emergency Deficit Control Act of 1985, as (LIMITATION ON OBLIGATIONS) In title II (relating to rescissions), in the amended. Notwithstanding the provisions of Public item relating to ‘‘Department of Transpor- On page 29, line 9 increase the pending fig- Law 105–66, none of the funds in this or any tation—Federal Aviation Administration— ure by $20,000,000 and on line 11 increase the other Act shall be available for the planning Grants-In-Aid for Airports (Airport and pending figure by $20,000,000. or execution of programs the obligations for Highway Trust Fund)(Rescission of Contract Authority)’’, after the dollar amount insert The CHAIRMAN. Pursuant to House which are in excess of $1,425,000,000 in fiscal Resolution 402, the gentleman from year 1998 for grants-in-aid for airport plan- the following: ‘‘(reduced by $243,600,000)’’. ning and development, and noise compatibil- In title II (relating to rescissions), in the Louisiana (Mr. LIVINGSTON) and a ity planning and programs, notwithstanding item relating to ‘‘Department of Transpor- Member opposed each will control 5 section 47117(h) of title 49, United States tation—Federal Aviation Administration— minutes. Code. Grants-In-Aid for Airports (Limitation on The Chair recognizes the gentleman Obligations)’’, after the dollar amount insert DEPARTMENT OF HOUSING AND URBAN from Louisiana (Mr. LIVINGSTON). the following: ‘‘(increased by $243,600,000)’’. DEVELOPMENT (Mr. LIVINGSTON asked and was This Act may be cited as the ‘‘1998 Emer- given permission to revise and extend PUBLIC AND INDIAN HOUSING gency Supplemental Appropriations Act’’. his remarks.) SECTION 8 RESERVE PRESERVATION ACCOUNT The CHAIRMAN. No other amend- Mr. LIVINGSTON. Mr. Chairman, I (RESCISSION) ment to the bill is in order except the yield myself such time as I may con- Of the amounts recaptured under this further amendment printed in part II sume. heading during fiscal year 1998 and prior of the report. That amendment may be The amendment before the commit- years, $2,173,600,000 are rescinded: Provided, offered only by a Member designated in tee would provide $20 million for HUD’s That the Secretary of Housing and Urban the report, shall be considered read, Community Development Block Grant Development shall recapture $2,173,600,000 in shall be debatable for the time speci- amounts heretofore maintained as section 8 Program to assist in the recovery from reserves made available to housing agencies fied in the report, equally divided and the recent Northeastern U.S. ice storm. for tenant-based assistance under the section controlled by the proponent and an op- This storm caused damage to property 8 existing housing certificate and housing ponent of the amendment, shall not be and utilities in this area of the country voucher programs. subject to amendment and shall not be in an unprecedented manner. INDEPENDENT AGENCY subject to a demand for division of the Providing funding in this account is CORPORATION FOR NATIONAL AND COMMUNITY question. similar to what has been done in recent SERVICE AMENDMENT OFFERED BY MR. LIVINGSTON past disasters. The funding in this NATIONAL AND COMMUNITY SERVICE Mr. LIVINGSTON. Mr. Chairman, I amendment would be offset by an in- PROGRAMS OPERATING EXPENSES offer an amendment. crease to the Section 8 housing excess (RESCISSION) The CHAIRMAN. The Clerk will des- reserve rescission. This amendment Of the amounts made available under this ignate the amendment. will bring important additional relief heading in Public Law 105–65, $250,000,000 are The text of the amendment is as fol- to this area caused by the huge ice rescinded. lows: storm that devastated the North- TITLE III Part II amendment printed in House Re- eastern U.S. and Canada. I urge its GENERAL PROVISIONS—THIS ACT port 105–473 offered by Mr. LIVINGSTON: adoption. Mr. Chairman, I reserve the balance SEC. 3001. No part of any appropriation CHAPTER 7 contained in this Act shall remain available DEPARTMENT OF HOUSING AND URBAN of my time. for obligation beyond the current fiscal year DEVELOPMENT The CHAIRMAN. Does the gentleman unless expressly so provided herein. COMMUNITY PLANNING AND DEVELOPMENT from Wisconsin (Mr. OBEY) claim the PROHIBITION ON USE OF FUNDS FOR MILITARY COMMUNITY DEVELOPMENT BLOCK GRANTS FUND time in opposition to the amendment? OPERATIONS AGAINST IRAQ Mr. OBEY. Mr. Chairman, yes, I do. For an additional amount for ‘‘Community The CHAIRMAN. The gentleman SEC. 3002. None of the funds appropriated development block grants fund’’, as author- or otherwise made available by this Act may ized under title I of the Housing and Commu- from Wisconsin (Mr. OBEY) is recog- be made available for the conduct of offen- nity Development Act of 1974, $20,000,000, nized for 5 minutes. sive operations by United States Armed which shall remain available until Septem- Mr. OBEY. Mr. Chairman, I yield 1 Forces against Iraq for the purpose of ob- ber 30, 2001, for use in states affected by the minute to the gentleman from Maine taining compliance by Iraq with United Na- January, 1998 Northeast ice storm for which (Mr. BALDACCI). March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1821 Mr. BALDACCI. Mr. Chairman, I I am concerned with the rescissions called SANDERS) was also interested in this thank the gentleman for yielding me for in the bill, particularly for the deep cuts in amendment and contacted me numer- the time. I wanted to thank the gen- the Section 8 housing program and the ous times on it. I personally have no tleman from Wisconsin (Mr. OBEY) for AmeriCorps program. The funding provided for problem with the action taken by the his work in addressing the issue and re- in this bill, as defined by the Budget Act, falls gentleman in his amendment to pro- gret that we could not work on this under the definition of a true emergency, and vide additional community develop- given the time constraints. I therefore believe that offsets are not nec- ment block grant assistance in the I want to thank the chairman of the essary. I appreciate the efforts of the Ranking Northeast. My only problem with this Committee on Appropriations, the gen- Member, Mr. OBEY, in addressing this issue, amendment, again, is that I do not like tleman from Louisiana (Mr. LIVING- and regret that he has not been allowed to the fact that we are cutting an addi- STON) for remembering the Northeast offer an amendment to rectify this situation. tional $20 million out of housing for in the manager’s amendment. Again, I want to extend my appreciation to the most needy human beings in this This amendment addresses the par- the Appropriations Committee for their efforts country. ticular dilemma created in the ice to provide needed disaster assistance in this Mr. Chairman, I reserve the balance storm of January and the destruction Emergency Supplemental bill. The people of of my time. of the infrastructure in the Northeast. Maine suffered greatly at the hand of Mother Mr. LIVINGSTON. Mr. Chairman, I The ice storm of 1998 was perhaps the Nature this winter. They look to us to help yield the balance of my time to the dis- most far-reaching disaster that has them in their recovery, much as we have tinguished gentleman from New York ever hit Maine. Every county in my helped in the recovery for other areas of the (Mr. WALSH). State was declared a Federal disaster country in other natural disasters. I urge my The CHAIRMAN. The gentleman area. colleagues to support both the manager's from New York (Mr. WALSH) is recog- Across the region, families lived 3 amendment and the bill. nized for 3 ⁄4 minutes. without heat or electricity, many for Mr. LIVINGSTON. Mr. Chairman, I Mr. WALSH. Mr. Chairman, I thank upwards of 2 weeks. Roads became im- yield 2 minutes to the gentleman from the gentlemen, the chairman of the passible due to ice and to fallen trees. New York (Mr. SOLOMON), very distin- Committee on Appropriations and the Our forest suffered devastating dam- guished chairman of the Committee on ranking member, for the hard work age. Farmers suffered significant loss Rules. that has been put in on behalf of all the of livestock, milk, buildings and equip- Mr. SOLOMON. Mr. Chairman, I people in the country who have had ment. Federal agencies responded spoke at length earlier in the introduc- such a difficult time this year. We were promptly to the crisis created by the tory remarks on this bill. Like the gen- just meeting with the National Aero- unprecedented storm. They tried to get tleman from Maine (Mr. BALDACCI), I nautics and Space Administration there as quickly as possible in marshal- want to thank the chairman and cer- talking about some of the effects of the ing forces to assist farms, food pantries tainly the ranking member. The dev- El Nino weather pattern and their abil- and more. However, the resources they astating damage in the Northeast is al- ity to track it, and try to predict it for had on hand were insufficient. This most indescribable. It is still there. the future because it will return. And manager’s amendment goes a long way Secretary Andrew Cuomo, Secretary that is planning for the future, Mr. toward providing those resources, and of Housing and Urban Development, Chairman. it will help to rebuild the infrastruc- has pledged his support. He would be in But what we are doing now is trying ture through the community develop- support of this amendment. We again to respond to the damage that has al- ment block grant. thank both sides for their consider- ready been done. The amendment that I rise today in support of the disaster relief ation. We really need it and we just ap- the chairman has will help us to help funding provided in this legislation. I know that preciate it so much. those communities through commu- in this beautiful 80-plus degree weather we Mr. OBEY. Mr. Chairman, I yield 1 nity development block grants to put are enjoyed now in Washington, it may be minute to gentleman from Maine (Mr. back together the damage that was easy to forget the recent natural disasters that ALLEN). done earlier. This ice storm in our part have ravaged Maine and other parts of the Mr. ALLEN. Mr. Chairman, I thank of the country, northern New York, country. and as Members know, these funds The Ice Storm of '98 was perhaps the most the gentleman for yielding me the cover all the areas that were harmed far-reaching disaster that has ever hit Maine. time. I also want to thank the gen- by the weather, in California, New Every county in my state was declared a fed- tleman from Louisiana (Mr. LIVING- eral disaster area. Across the region, families STON) for recognizing the need for addi- Mexico and the South, Georgia, Flor- lived without heat or electricity, many for up- tional funding for the CDBG program. I ida, New York, Maine, Vermont, Mas- wards of two weeks. Roads became impass- rise today in support of the manager’s sachusetts, New Hampshire, the ice able, both due to ice and to fallen trees. Our amendment to supplement that block storm was a catastrophe of a mag- forest suffered devastating damage. Farmers grant program by $20 million. nitude such that Canada, the Nation of suffered significant losses of livestock, milk, I do regret that the offset comes from Canada, this was the greatest natural buildings and equipment. Section 8 housing, and I hope that at disaster in the history of Canada. Federal agencies responded promptly to the some point that can be changed, but All the areas of the Northeast that crisis created by the unprecedented storm. the Northeast has a real need for CDBG border Canada were damaged equally. Staff from FEMA, the Farm Service Agency funding in the aftermath of the ice There were estimates of over 30,000 and the Natural Resources Conservation Serv- storm. This was for Maine the worst power poles taken down in this storm. ice quickly helped, marshaling forces to assist natural disaster in our history. Heavy As the ice came and accumulated, we farms, food pantries and more. ice accumulation accumulated on had telephone electrical wire that was However, the resources they had on hand trees, on utility poles. We lost 2,600 just a hair’s breadth thick covered were insufficient. This bill goes a long way to- utility poles, 2 million feet of cable and with that much ice. So the weight of ward providing those resources. It will help the 1,500 transformers, all of those had to the ice pulled down one after another farmers who in many cases were least able to be replaced. Roughly 650,000 customers, of these power poles, and the electric afford the cost of recovery. It will help us to re- half the State of Maine, were out of wires and telephone wires were lying cover our forests. We are still in a recovery power for at least some point, many all over the roads, and then it snowed stage, and the funding provided in this bill will people for up to 2 weeks. on top of the ice in the roads, covered greatly assist us in that long and arduous Supplemental CDBG funding is criti- over the wires so the plows could not process. cal to address their need. I support this go out and clean up the roads so that I want to especially thank the Chairman of manager’s amendment. there was no passable commerce, and the Appropriations Committee, Mr. Livingston, Mr. LIVINGSTON. Mr. Chairman, I the dairy farmers in particular had to for remembering the Northeast in his man- reserve the balance of my time. throw milk away. ager's amendment. This amendment address- Mr. OBEY. Mr. Chairman, I yield my- You had barns collapsing from the es the particular dilemma created in the Ice self 1 minute. weight of the ice and the snow and ani- Storm of January, the destruction of the infra- Let me simply say that I know that mals dying in the collapsed barns. You structure of the Northeast. the gentleman from Vermont (Mr. had animals that were out in the H1822 CONGRESSIONAL RECORD — HOUSE March 31, 1998 weather that couldn’t get back in who The bill was ordered to be engrossed in Iraq. So what are they talking died because of the inclement weather. and read a third time, and was read the about? You had fires that began because of third time. Here is what they are talking about electrical breakdowns and the fire de- MOTION TO RECOMMIT OFFERED BY MR. MURTHA as far as what they would do in order partments could not get to those Mr. MURTHA. Mr. Speaker, I offer a to recoup the money because they are homes because of the impassible roads. motion to recommit. not sure it is going to be passed into It was clearly a catastrophe. The SPEAKER pro tempore. Is the law and signed by the President. Civil- So these funds, while they will not be gentleman opposed to the bill? ian worker furloughs at defense bases. enough to make everybody whole Mr. MURTHA. Yes, Mr. Speaker, I And it may be, I have heard a rumor, again, will go to communities and in am opposed to the bill. as high as all the Defense Department many cases people do not realize the The SPEAKER pro tempore. The civilian employees could be laid off State of New York is primarily still an Clerk will report the motion to recom- across the country for 10 days. My col- agricultural State. New York State is mit. leagues can imagine how disruptive not a parking lot around New York The Clerk read as follows: that would be. City. It is a huge expanse of forest land Mr. MURTHA moves to recommit the They are also talking about delays in and agricultural land and impoverished bill, H.R. 3579, to the Committee on Ap- promotions, which has happened before rural communities. So all these com- propriations with instructions to re- with minor delays in funding from the munities will qualify as they will in port the same back to the House forth- Congress, delays in moving families. Maine, Vermont, New Hampshire, for with with an amendment to strike title I remember last year going to the community development block grant II of the bill. Presidio in California, and they were funds, which are there to help our poor- Mr. MURTHA. Mr. Speaker, let me talking about they could not move stu- est communities and our poorest neigh- reiterate my concern about this piece dents from one place to another. They bors to help to ameliorate some of the of legislation. Normally, when we had to delay the moving of students be- losses that they have incurred. would come to the floor from the Com- cause they had run out of money at the Mr. Chairman, I will conclude by say- mittee on Appropriations, we would ing I am very grateful to my colleagues end of the fiscal year. have pretty well fashioned legislation We talk about training cutbacks on the Committee on Appropriations, which we knew was very close to some- both sides of the fence, who brought down to platoon level. That is what thing that the Senate was going to this bill to this point. I look very much could happen if the Defense Depart- consider; and, in the end, we would be forward to working with them to pass ment did not get this money. this bill and to get it through the con- convinced that it would pass both bod- Now I paint dire circumstances, but I ference. ies. paint that because the Defense Depart- Mr. OBEY. Mr. Chairman, I yield my- As late as Thursday or Friday of last ment is in the middle. And I do not self such time as I may consume. week, we believed that we would be doubt the integrity of the Chairman of All I would say, I would simply make able to report out of Committee a bill the Committee on Appropriations if he an observation that what we are doing that was not offset. Even today, the is going to tell us there is going to be in this legislation today is reimbursing Defense Department is not sure wheth- a bill passed and if it passed he can as- farmers for the loss of animals. That is er this particular piece of legislation sure that. But he also thought before fine. I do not disagree with that. will be offset. They know now that we we brought this bill to the floor that it However, unfortunately, we are not will not have IMF. We know that we was not going to be offset. And I do not going to be reimbursing families for will not have the U.N. attached to this know if he advised that, and I under- the loss of housing for their grand- bill. stand. I think all of us appreciate the parents. I do not think that is fine. But On the other hand, the other body need to offset some of these expenses nonetheless, the Congress will work its has an entirely different bill with no that the Senate has in, and I think in wondrous ways as it usually does, often offsets. It is over $5 billion, almost the end we could probably work some- with the national interests being dam- twice as large as this particular bill. thing out like that. aged in the process. I am sorry about Under normal circumstances, the De- So I would hope that the Members of that, but I guess that is the way it fense Department would not be caught Congress would not take a chance on goes. in the middle. It would be able to say, destabilizing the Defense Department Mr. Chairman, I yield back the bal- okay, we are going to try to get a bill and they would vote to recommit this ance of my time. and work things out. All day long, as I bill and then report it right back out The CHAIRMAN. The question is on understand it, they have been trying to without the offsets and allow the De- the amendment offered by the gen- come up with provisions of what would fense Department to find a way to get tleman from Louisiana (Mr. LIVING- happen if we passed a bill that is offset by the next month until a final bill is STON). with the Skaggs amendment, which the passed into law and signed by the The amendment was agreed to. President will veto, and with provi- President. b 1545 sions which offset the domestic policy, Mr. LIVINGSTON. Mr. Speaker, I am which concerns the White House and Accordingly, the Committee rose; opposed to the motion to recommit. and the Speaker pro tempore (Mr. they claim they will veto. It puts us in (Mr. LIVINGSTON asked and was a position where we have a bill which given permission to revise and extend SHAW) having assumed the chair, Mr. will not be signed into law, and they his remarks.) LAHOOD, Chairman of the Committee of the Whole House on the State of the only have 4 months left in the fiscal Mr. LIVINGSTON. Mr. Speaker, and I Union, reported that that Committee, year. So the Defense Department is in will try not to use all 5 minutes, I am having had under consideration the bill a position where it has to begin to find sympathetic to the argument of the (H.R. 3579) making emergency supple- ways to find the money for the last 4 gentleman from Pennsylvania (Mr. mental appropriations for the fiscal months of operation. MURTHA). year ending September 30, 1998, and for We have cut the Defense Department The last thing in the world we want other purposes, pursuant to House Res- substantially. There is no question to do is adversely impact the Defense olution 402, he reported the bill back to about it. They have been overdeployed. Department. But the gentleman might the House with an amendment adopted There is no question about that. But remember that the President did not by the Committee of the Whole. we are talking about money that is ab- request enough money to complete fis- The SPEAKER pro tempore (Mr. solutely essential to replace the money cal year 1998, let alone fiscal year 1999, SHAW). Under the rule, the previous for the deployment in Iraq and the de- for the troops in Bosnia. question is ordered. ployment in Bosnia. Mr. Clinton wrote in his budget a The question is on the amendment. We have already voted on the floor of shortfall, for whatever reason. I do not The amendment was agreed to. the House to continue the operation in want to question his motivation. He The SPEAKER pro tempore. The Bosnia. We have already spoken to the may have had good reason. We were question is on the engrossment and fact that we believe it is absolutely es- not sure whether we were pulling the third reading of the bill. sential to our national security to be troops out a year and a half ago. We March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1823 were not sure whether we were going to There was no objection. Boehner Hastert Petri Bonilla Hastings (WA) Pickering pull the troops out this year. But the The SPEAKER pro tempore. The Brady Hayworth Pitts fact is the President did not request question is on the motion to recommit. Bryant Hefley Pombo enough money to support our troops. The question was taken; and the Bunning Herger Porter So we cannot accept that stipulation Burr Hill Portman Speaker pro tempore announced that Burton Hilleary Pryce (OH) of fact and then argue, well, if we do the noes appeared to have it. Buyer Hobson Quinn not act fast enough, the troops are not Mr. MURTHA. Mr. Speaker, on that, Callahan Hoekstra Radanovich going to have enough money. I mean, I demand the yeas and nays. Calvert Horn Ramstad whose fault is that? It is not Congress’ Camp Hostettler Redmond The yeas and nays were ordered. Campbell Houghton Regula fault. It is the President’s fault. The SPEAKER pro tempore. This is a Canady Hulshof Riley We are coming up with the list here 15-minute vote, which, if the motion to Castle Hunter Rogan of extra money for the Defense Depart- Chabot Hutchinson Rogers recommit is rejected, under the rules, Chambliss Hyde Rohrabacher ment, $2.2 billion in defense, and that will be followed by another 15-minute Chenoweth Inglis Ros-Lehtinen provides for Iraq and Southwest Asia vote on final passage. Christensen Istook Roukema and Bosnia and disasters affecting The vote was taken by electronic de- Coble Jenkins Ryun military installations and reserve mo- Coburn Johnson (CT) Salmon vice, and there were—yeas 195, nays Collins Jones Sanford bilization insurance programs. We are 224, not voting 11, as follows: Combest Kasich Saxton providing the money for the Defense Cook Kelly Scarborough [Roll No. 87] Department. In addition, we are pro- Cooksey Kim Schaefer, Dan YEAS—195 Cox King (NY) Schaffer, Bob viding for well over half a billion dol- Crane Kingston Sensenbrenner Abercrombie Gutierrez Nadler lars in disaster relief for people that Crapo Klug Sessions Ackerman Hall (OH) Neal Cubin Knollenberg Shadegg have been affected by all sorts of disas- Allen Hamilton Oberstar Cunningham Kolbe Shaw ters all over the country. Andrews Harman Obey Davis (VA) LaHood Shays Baesler Hastings (FL) Olver The fact also is that the prime rate Deal Largent Shimkus Baldacci Hefner Ortiz in the American economy is something DeLay Latham Shuster Barcia Hilliard Owens Diaz-Balart LaTourette Skeen like about 8.5 percent. You can get a Barrett (WI) Hinchey Pallone Dickey Lazio Smith (MI) mortgage at around 7 percent interest Becerra Hinojosa Pascrell Doolittle Leach Smith (NJ) Bentsen Holden Pastor rate. Fifteen years ago that was a 14- Dreier Lewis (CA) Smith (OR) Berman Hooley Pelosi Duncan Lewis (KY) Smith (TX) percent prime and 21 percent for a Bishop Hoyer Peterson (MN) Dunn Linder Smith, Linda mortgage in some areas. The American Blagojevich Jackson (IL) Pickett Ehlers Livingston Snowbarger Blumenauer Jackson-Lee Pomeroy economy is spinning. Ehrlich LoBiondo Solomon Bonior (TX) Poshard Why is it doing very well? The fact Emerson Lucas Souder Borski John Price (NC) English Manzullo Spence is, one of the principal reasons it is Boswell Johnson (WI) Rahall Ensign McCollum Stearns doing very well is that the Congress Boucher Johnson, E. B. Reyes Everett McCrery Stenholm Boyd Kanjorski Rivers has acted responsibly with respect to Ewing McDade Stump Brown (CA) Kaptur Rodriguez its financial affairs over the last 4 Foley McHugh Sununu Brown (FL) Kennedy (MA) Roemer Forbes McInnis Talent years. The Congress has not spent more Brown (OH) Kennedy (RI) Rothman Fossella McIntosh Tauzin Capps Kennelly Roybal-Allard money than was budgeted. We are Fowler McKeon Taylor (MS) Cardin Kildee Rush spending a billion dollars less on non- Fox Metcalf Taylor (NC) Carson Kilpatrick Sabo Franks (NJ) Mica Thomas defense discretionary spending than we Clay Kind (WI) Sanchez Frelinghuysen Miller (FL) Thornberry spent 4 years ago. Clayton Kleczka Sanders Gallegly Moran (KS) Thune Clement Klink Sandlin If we looked at the President’s own Ganske Morella Tiahrt Clyburn Kucinich Sawyer projections for spending 4 years ago, Gekas Myrick Upton Condit LaFalce Schumer Gibbons Nethercutt Walsh 1994, that was $120 billion over what we Conyers Lampson Scott Gilchrest Neumann Wamp have spent in those 4 years for non- Costello Lantos Serrano Gillmor Ney Watkins Coyne Levin Sherman defense discretionary. The point is, Gilman Northup Watts (OK) Cramer Lewis (GA) Sisisky Goode Norwood Weldon (FL) this is a fiscally responsible approach. Cummings Lipinski Skaggs Goodlatte Nussle Weldon (PA) Will it pass through all of the hurdles Danner Lofgren Skelton Goodling Oxley Weller Davis (FL) Lowey Slaughter and get through the Senate and get to Goss Packard White Davis (IL) Luther Smith, Adam the President’s desk? I do not know. I Graham Pappas Whitfield DeFazio Maloney (CT) Snyder Granger Parker Wicker do not want to prejudge that one way DeGette Maloney (NY) Spratt Greenwood Paul Wolf or the another. Delahunt Manton Stabenow Gutknecht Paxon Young (AK) DeLauro Markey Stark All I am saying is this House of Rep- Hall (TX) Pease Young (FL) Deutsch Martinez Stokes resentatives has been fiscally respon- Hansen Peterson (PA) Dicks Mascara Strickland sible by saying, yes, we will spend more Dingell Matsui Stupak NOT VOTING—11 money for defense, we will spend more Dixon McCarthy (MO) Tanner money for disasters, but we will take it Doggett McCarthy (NY) Tauscher Berry Jefferson Riggs Dooley McDermott Thompson Cannon Johnson, Sam Royce out of existing spending in the rest of Doyle McGovern Thurman Fawell Payne Waters the budget. That is not too much to Edwards McHale Tierney Gonzalez Rangel ask. Engel McIntyre Torres Let us keep the interest rates low, Eshoo McKinney Towns b Etheridge McNulty Traficant 1616 let us keep the American economy Evans Meehan Turner Mr. PAXON and Mr. SOLOMON spinning, and let us make sure that we Farr Meek (FL) Velazquez changed their vote from ‘‘yea’’ to continue to be fiscally responsible. Fattah Meeks (NY) Vento I urge the defeat of the motion to re- Fazio Menendez Visclosky ‘‘nay.’’ Filner Millender- Watt (NC) Ms. KILPATRICK, Mr. LIPINSKI, commit, which would eliminate the off- Ford McDonald Waxman sets of this bill. I urge passage of the Frank (MA) Miller (CA) Wexler Mrs. CAPPS and Mr. MARKEY bill itself. And I hope that when we re- Frost Minge Weygand changed their vote from ‘‘nay’’ to Furse Mink Wise ‘‘yea.’’ turn from the recess that we will have Gejdenson Moakley Woolsey a quick conference and that we will be Gephardt Mollohan Wynn So the motion to recommit was re- able to get this down to the Pentagon Gordon Moran (VA) Yates jected. so they will have the money that they Green Murtha The result of the vote was announced need and so that the gentleman from NAYS—224 as above recorded. Pennsylvania (Mr. MURTHA) will not be Aderholt Barr Bereuter The SPEAKER pro tempore (Mr. distressed any further. Archer Barrett (NE) Bilbray SHAW). The question is on the passage The SPEAKER pro tempore. Without Armey Bartlett Bilirakis of the bill. Bachus Barton Bliley objection, the previous question is or- Baker Bass Blunt Pursuant to clause 7 of rule XV, the dered on the motion to recommit. Ballenger Bateman Boehlert yeas and the nays are ordered. H1824 CONGRESSIONAL RECORD — HOUSE March 31, 1998 The vote was taken by electronic de- Fattah Maloney (NY) Roemer Had I been present and voting on Fazio Manton Rohrabacher vice, and there were—yeas 212, nays Filner Markey Rothman rollcall votes 81, 82, 83 and 84, the cam- 208, not voting 10, as follows: Ford Martinez Roybal-Allard paign reform issues, I would have voted [Roll No. 88] Frank (MA) Mascara Rush ‘‘aye.’’ Frost Matsui Sabo f YEAS—212 Furse McCarthy (MO) Sanchez Gejdenson McCarthy (NY) Aderholt Gekas Northup Sanders PROVIDING FOR CONSIDERATION Gephardt McDermott Allen Gibbons Norwood Sandlin Gordon McGovern OF H.R. 10, FINANCIAL SERVICES Archer Gilchrest Oxley Sawyer Green McHale Armey Gillmor Packard Scott ACT OF 1998 Gutierrez McIntyre Bachus Gilman Pappas Sensenbrenner Hall (OH) McKinney Mr. SOLOMON. Mr. Speaker, by di- Baker Goode Parker Serrano Hamilton McNulty Baldacci Goodlatte Paxon Shays rection of the Committee on Rules, I Harman Meehan Ballenger Goodling Pease Sherman call up House Resolution 403 and ask Hastings (FL) Meek (FL) Barr Goss Peterson (PA) Sisisky Hefner Meeks (NY) for its immediate consideration. Barrett (NE) Graham Pickering Skaggs Hilliard Menendez The Clerk read the resolution, as fol- Bartlett Granger Pickett Skelton Hinchey Millender- Barton Greenwood Pitts Slaughter lows: Hinojosa McDonald Bass Gutknecht Pombo Smith, Adam Holden Miller (CA) H. RES. 403 Bateman Hall (TX) Porter Snyder Hooley Minge Bereuter Hansen Portman Souder Resolved, That at any time after the adop- Hoyer Mink Bilbray Hastert Pryce (OH) Spratt tion of this resolution the Speaker may, pur- Jackson (IL) Moakley Bilirakis Hastings (WA) Quinn Stabenow suant to clause 1(b) of rule XXIII, declare the Jackson-Lee Mollohan Bishop Hayworth Radanovich Stark House resolved into the Committee of the (TX) Moran (KS) Bliley Hefley Ramstad Stenholm John Moran (VA) Whole House on the state of the Union for Blunt Herger Redmond Stokes Johnson (WI) Morella consideration of the bill (H.R. 10) to enhance Boehlert Hill Regula Strickland Johnson, E. B. Murtha competition in the financial services indus- Boehner Hilleary Riley Stupak Kanjorski Nadler Bonilla Hobson Rogan Tanner try by providing a prudential framework for Kaptur Neal Brady Hoekstra Rogers Tauscher the affiliation of banks, securities firms, and Kennedy (MA) Nussle Bryant Horn Ros-Lehtinen Thomas other financial service providers, and for Kennedy (RI) Oberstar Bunning Hostettler Roukema Thompson other purposes. The first reading of the bill Kennelly Obey Burr Houghton Ryun Thurman Kildee Olver shall be dispensed with. All points of order Burton Hulshof Salmon Tierney Kilpatrick Ortiz against consideration of the bill are waived. Buyer Hunter Sanford Torres Kind (WI) Owens General debate shall be confined to the bill Callahan Hutchinson Saxton Towns Kleczka Pallone Calvert Hyde Scarborough Traficant and the amendments made in order by this Klink Pascrell Camp Inglis Schaefer, Dan Turner resolution and shall not exceed two hours, Klug Pastor Canady Istook Schaffer, Bob Upton with one hour equally divided and controlled Kucinich Paul Chabot Jenkins Sessions Velazquez by the chairman and ranking minority mem- LaFalce Pelosi Chambliss Johnson (CT) Shadegg Vento Lampson Peterson (MN) ber of the Committee on Banking and Finan- Christensen Johnson, Sam Shaw Visclosky Lantos Petri cial Services and one hour equally divided Coble Jones Shimkus Watt (NC) Levin Pomeroy and controlled by the chairman and ranking Coburn Kasich Shuster Waxman Lewis (GA) Poshard Collins Kelly Skeen Wexler minority member of the Committee on Com- Lipinski Price (NC) Combest Kim Smith (MI) Weygand merce. It shall be in order to consider as an Lofgren Rahall Cook King (NY) Smith (NJ) Wise original bill for the purpose of amendment Lowey Reyes Cooksey Kingston Smith (OR) Woolsey under the five-minute rule the amendment Luther Rivers Cox Knollenberg Smith (TX) Wynn Maloney (CT) Rodriguez Yates in the nature of a substitute printed in part Crane Kolbe Smith, Linda 1 of the report of the Committee on Rules ac- Cubin LaHood Snowbarger NOT VOTING—10 companying this resolution. That amend- Cunningham Largent Solomon Davis (VA) Latham Spence Berry Payne Schumer ment in the nature of a substitute shall be Deal LaTourette Stearns Cannon Rangel Waters considered as read. All points of order DeLay Lazio Stump Gonzalez Riggs against that amendment in the nature of a Diaz-Balart Leach Sununu Jefferson Royce substitute are waived. No amendment to Dickey Lewis (CA) Talent b 1634 that amendment in the nature of a sub- Doolittle Lewis (KY) Tauzin stitute shall be in order except those printed Dreier Linder Taylor (MS) Mr. MINGE changed his vote from in part 2 of the report of the Committee on Dunn Livingston Taylor (NC) ‘‘yea’’ to ‘‘nay.’’ Ehlers LoBiondo Thornberry Rules. Each amendment may be offered only Ehrlich Lucas Thune Mr. SMITH of Michigan changed his in the order printed in the report, may be of- Emerson Manzullo Tiahrt vote from ‘‘nay″ to ‘‘yea.’’ fered only by a Member designated in the re- English McCollum Walsh So the bill was passed. port, shall be considered as read, shall be de- Ensign McCrery Wamp The result of the vote was announced batable for the time specified in the report Everett McDade Watkins as above recorded. equally divided and controlled by the pro- Ewing McHugh Watts (OK) ponent and an opponent, shall not be subject Fawell McInnis Weldon (FL) A motion to reconsider was laid on to amendment except as specified in the re- Foley McIntosh Weldon (PA) the table. port, and shall not be subject to a demand Forbes McKeon Weller f Fossella Metcalf White for division of the question in the House or Fowler Mica Whitfield PERSONAL EXPLANATION in the Committee of the Whole. All points of Fox Miller (FL) Wicker order against the amendments printed in the Franks (NJ) Myrick Wolf Mr. METCALF. Mr. Speaker, last report are waived. The chairman of the Com- Frelinghuysen Nethercutt Young (AK) night I was tied up in the Committee mittee of the Whole may: (1) postpone until Gallegly Neumann Young (FL) Ganske Ney on Rules testifying on my amendment a time during further consideration in the to the Financial Modernization Bill. Committee of the Whole a request for a re- NAYS—208 Due to this, I arrived on the floor at corded vote on any amendment; and (2) re- Abercrombie Campbell Davis (IL) the very last minute and inadvertently duce to five minutes the minimum time for electronic voting on any postponed question Ackerman Capps DeFazio voted ‘‘aye’’ on rollcall No. 81. My in- Andrews Cardin DeGette that follows another electronic vote without Baesler Carson Delahunt tention was to vote ‘‘no’’ because of my intervening business, provided that the mini- Barcia Castle DeLauro opposition to the language in the bill. mum time for electronic voting on the first Barrett (WI) Chenoweth Deutsch I would like the RECORD to show on in any series of questions shall be 15 min- Becerra Clay Dicks Bentsen Clayton Dingell rollcall No. 81, my vote would have utes. At the conclusion of consideration of Berman Clement Dixon been ‘‘no.’’ the bill for amendment the Committee shall Blagojevich Clyburn Doggett f rise and report the bill to the House with Blumenauer Condit Dooley such amendments as may have been adopted. Bonior Conyers Doyle PERSONAL EXPLANATION Any Member may demand a separate vote in Borski Costello Duncan Mr. COBLE. Mr. Speaker, last the House on any amendment adopted in the Boswell Coyne Edwards Committee of the Whole to the bill or to the Boucher Cramer Engel evening I was the visiting lecturer at amendment in the nature of a substitute Boyd Crapo Eshoo the Columbia University School of Law Brown (CA) Cummings Etheridge made in order as original text. The previous Brown (FL) Danner Evans in New York and, therefore, unable to question shall be considered as ordered on Brown (OH) Davis (FL) Farr participate in the rollcall votes. the bill and amendments thereto to final March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1825 passage without intervening motion except in the nature of a substitute. The rule The credit union legislation received one motion to recommit with or without in- then makes in order five amendments broad support in the Committee on structions. which shall be offered in the order Banking and Financial Services last b 1645 printed in the report, may only be of- week, which we just mentioned, and fered by a Member printed in the re- passed by voice vote; and the thrift fix The SPEAKER pro tempore (Mr. port, shall be considered as read, shall addresses concerns expressed by many BARRETT of Nebraska). The gentleman be debatable for the time specified in Members in the weeks since the com- from New York (Mr. SOLOMON) is recog- the report, equally divided and con- mittees reached a compromise on the nized for 1 hour. trolled by a proponent and an oppo- underlying bill, so we have tried to Mr. SOLOMON. Mr. Speaker, for pur- nent. The amendments shall not be bring all Members and all of these in- poses of debate only, I yield the cus- subject to amendment except as speci- dustries together. tomary 30 minutes to the gentleman fied in the report, shall not be subject The rule allows for very important from Texas (Mr. FROST), pending which to a demand for a division of the ques- discussions on the commercial basket I yield myself such time as I may con- tion in the House or in the Committee concept, with two alternataives al- sume. During consideration of this res- of the Whole. lowed. It also allows a significant olution, all time yielded is for purposes Mr. Speaker, the rule also allows the amendment by the ranking member of of debate only. chairman of the Committee of the the Committee on Commerce. Mr. Speaker, House Resolution 403 is Whole to stack votes, and finally, the Finally, there is an amendment of- a modified closed rule providing for rule provides for one motion to recom- fered by the gentleman from Alabama consideration of H.R. 10, which is the mit, with or without instructions. (Mr. BACHUS) to relieve some of the Financial Services Act of 1998. The rule Mr. Speaker, this is an abundantly burden of the Community Reinvest- provides 2 hours of general debate: 1 fair rule on an extremely complicated ment Act on small banks. hour equally divided between the chair- and delicate piece of legislation. It I am going to tell the Members, small man and ranking minority member of deals with the future of the banking in- bankers have been out there calling the Committee on Banking and Finan- dustry in this country, of the securities Members of Congress saying they are cial Services, and 1 hour equally di- industry in this country, and the insur- all upset with this piece of legislation. vided and controlled by the chairman ance industry. I am going to tell the Members, the and the ranking member of the Com- If Members think about that, each of small bankers cannot have it all their mittee on Commerce. The rule also these three industries really is in- way. It has to be a compromise. This is waives all points of order against con- volved with all of the other industries a tremendous compromise by making sideration of this bill. throughout America, and more so in this amendment in order, which is The rule provides that the amend- not only the Fortune 500 companies going to benefit these small banks and ment in the nature of a substitute, and how they conduct their business community banks across this country. Mr. Speaker, this legislation rep- which is printed in part 1 of the Com- overseas in this new global economy, resents, I think, a visionary effort to mittee on Rules report on the rule, but also with the small entrepreneurial reform our Nation’s complicated and which appears on these desks here, businesses, the businesses that really shall be considered as an original bill outdated financial services law. run the economy of this country, and The Glass-Steagall Act, the law for the purposes of amendment. That how they can participate in this new amendment shall be considered as read. which prohibits the affiliations be- world global economy. That is how im- tween commercial banking and securi- Mr. Speaker, let me take a moment portant this bill is before us today. to describe the amendment in the na- ties activities, dates back to 1933. That The chairmen of the committees of is 3 years after I was born, Mr. Speak- ture of a substitute, so the Members jurisdiction have spent countless days, are clear on what this rule makes in er. I have been amazed at how much they have spent months, even years, la- the world has changed in just the last order as a new base text for H.R. 10. boring to achieve some kind of consid- Mr. Speaker, the amendment in the 5 years, let alone since 1933. The mar- eration of this issue. It has been going ketplace has evolved so much that it is nature of a substitute consists of the on for at least the 20 years that I have unrecognizable from the era in which following parts: The compromise text been a member of this body; I see the these laws were written. for H.R. 10 reached between the Com- gentleman from New York (Mr. JOHN Congress, given the rapid pace of mittee on Banking and Financial Serv- LAFALCE) sitting there, for as long as change in the market, has been per- ices and the Committee on Commerce, he has been here, and he has been here ceived to be irrelevant to our Nation’s and printed in the CONGRESSIONAL longer than I have. financial services debate. Think about RECORD of March 19, so if Members I salute the gentleman from Iowa that. I am going to repeat it one time. want to read the bill, they can look in (Mr. LEACH) and my friend, the gen- Congress, given the rapid pace of the CONGRESSIONAL RECORD on March tleman from Virginia (Mr. BLILEY) for change in the market, has been per- 19; the credit union legislation, as re- their work on this very, very impor- ceived to be irrelevant to our Nation’s ported from the Committee on Banking tant subject, as well as the gentleman financial services debate. That is be- and Financial Services and approved by from Ohio (Mr. JOHN BOEHNER), who cause we have not done our job on this voice vote last Thursday, March 26, in happens to be our conferences chair- issue over the last 20 years. that committee; a new thrift title man, who has headed up the task force Congress has, unfortunately, shirked which replaces Title 4 with an amend- which has really brought all of these its responsibility to write the Nation’s ment which closes the unitary thrift industries together. laws, and the courts and regulators holding company loophole as of March No industry is completely happy. If have written them for us. I am going to 31, 1998. That is a change from Septem- they were, then there would be some- tell the Members, that is a disgrace. ber up to March 31, 1998. So Members thing wrong with this bill. But the fact Any time this Congress sits back and should be aware of that, because a that they are not means that we have refuses to face the important issues number of Members have come to me reached compromise, and we can now facing this country, and lets the courts over the last several days and wanted move forward into the 21st century in and regulators do it for them, it is a to know what we are doing with this making these industries competitive. shame. We all should be ashamed of it. thrift section of the bill. That is what Mr. Speaker, the rule makes in order Mr. Speaker, the inability of the leg- it does. And changes necessary to en- an amendment in the nature of a sub- islative branch for many years to pass sure that the legislation is fully offset. stitute which I believe will garner a meaningful financial services reform In order to comply with the Budget high degree of support on this floor. has harmed our markets and our abil- Act, the amendment in the nature of a The compromise text of H.R. 10 has ity to compete in that world global substitute made in order by the rule been met with considerable begrudging market that I have spoken about ear- transfers funds out of the Federal Re- support from many of the industries, lier. serve and into the general fund. but again, they are now willing to sit American financial institutions, and Mr. Speaker, this rule also waives all down and understand that we have to all the affected industries with an in- points of order against the amendment have this bill. It has to become law. terest in reforming these laws, have H1826 CONGRESSIONAL RECORD — HOUSE March 31, 1998 been at a competitive disadvantage going on here, and we have to put to- b 1700 with our international competitors all gether something that is going to allow And so in what seems to be an effort over this world. Passage of this legisla- these three very important industries to find votes to pass the former, the tion is critical to our ability to com- to be able to compete. Republican leadership has tied the pete overseas. This legislation will be a step in the credit union fix to it. Mr. Speaker, the bill before us today right direction. It does not mean that is balanced, it is fair, and it is a meas- we are going to solve it. This is not the Mr. Speaker, this tactic should be re- ured proposal which addresses all of final step, the passage of this legisla- jected. The House should have the op- the critical issues in the current finan- tion. As Members know, there is an- portunity to debate the merits of both cial landscape. It provides for affili- other body over there. It is called the financial modernization as well as the ations between banks, securities firms, Senate. They have no rules over there, credit union fix, but the House should insurance companies, and other finan- but we are told that if we can pass this not be forced into using H.R. 1151 as cial firms by eliminating the Glass- legislation with a substantial vote, the tail that wags the dog of H.R. 10. Steagall protections between those in- that Senator AL D’AMATO, the chair- Each of these proposals are ex- dustries. man of the Banking Committee, will tremely important in their own right The bill also allows for these ex- take up this legislation. He will work and considering them tied together panded activities in a bank holding with us to work together for a com- does a disservice to the House. I urge company structure, which is critical to promise that will be acceptable to all every Member to reject this rule. ensure the safety and the soundness of the industries. But if we do not pass Compounding the dilemma we now our country’s financial institutions. the rule today and we do not pass the face, the Republican majority on the Recent history has shown the enor- bill, we are not going to have that op- Committee on Rules has effectively cut mous cost that can result from rash portunity. off debate on H.R. 10 and has allowed and unfettered deregulation of certain I am going to say one more time to for the House to consider only five types of financial institutions. As a re- the Members here, they think there is amendments to the financial services sult of the savings and loan debacle a lot of time left, but there is not. We modernization portion of the bill. In that we all went through here, and we are going to hopefully adjourn this addition, no amendments were made in had to spend billions of dollars of the place at least by October 1 so Members order to the credit union provisions. taxpayers’ money to bail out those can at least spend 30 days home cam- Forty amendments were submitted S&Ls, the resulting explosive costs paigning for reelection. If we do that, to the Committee on Rules for our con- have just been insurmountable. A bi- Members will only have about 40 legis- sideration, including 19 amendments by partisan consensus has developed lative days on this floor to pass 13 ap- Republican Members and 21 amend- propriation bills, to pass the con- around the holding company frame- ments by Democratic Members. Only ference report and the supplemental we work as the prudential way to allow for one Democratic amendment was in- just put out of here. expanded financial services. cluded in the amendments made in The bill also addresses the critically To pass this kind of legislation, we need to do it now so we will have time order by the rule. While this amend- important question of credit union ment will be offered by the ranking membership, which has received a to work with the other body and with the White House, because there is a Democratic Members of the Committee great deal of attention since the Su- on Banking and Financial Services and preme Court ruled in February on the third party of the government, before we can really put the bill together as a the Committee on Commerce, other ‘‘common bond’’ issue. The bill grand- compromise. That is why Members amendments offered by those two fathers existing multiple common bond need to come here today, they need to Members, as well as the ranking mem- groups and allows such groups to con- vote for this rule, and then they need ber of the Subcommittee on Financial tinue accepting members, thereby pro- to participate in the debate. Institutions and Consumer Credit, were tecting all current credit union mem- There is plenty of debate time. Ask shut out of the process. bers, regardless of the Supreme Court the questions, get the answers to ques- These Members proposed important decision. tions, then vote one’s conscience on and relevant amendments, and in some Mr. Speaker, this bill also contains this bill. But at least let us pass the case those amendments reflected the important language ensuring func- rule and give ourselves the oppor- action of the committees of jurisdic- tional regulation of insurance sales, tunity. tion which were exorcised from the and that is so terribly, terribly impor- Mr. Speaker, I reserve the balance of text of H.R. 10 that is before us today. tant. Insurance underwriting regula- my time. This action on the part of the Repub- tion will be the same for all competi- Mr. FROST. Mr. Speaker, I yield my- lican majority does nothing to open up tors and regulated by the States, and self such time as I may consume. the process and allow the House to that is the way it should be. That is Mr. Speaker, I rise in opposition to comprehensively debate the issues sur- what is provided for in the Constitu- this rule. I oppose it because the Com- rounding this complex and controver- tion of our country. H.R. 10 also codi- mittee on Rules Republicans have com- sial bill. fies a consensus definition of insur- bined two major legislative initiatives, Mr. Speaker, in the years I have ance, ensuring appropriate functional and in doing so, have denied the House served in Congress, it has never been regulation and a level competitive the opportunity to fully examine, de- easy for the House to consider banking playing field. bate, and work its will on these mat- legislation. But this rule makes it al- Mr. Speaker, writing a financial serv- ters. most impossible for the House to fully ices reform bill which contemplates a H.R. 10, the Financial Services Mod- consider the merits of these two major marketplace of the 21st century does ernization Act, and H.R. 1151, the Cred- legislative proposals. not mean we should disregard the les- it Union Membership Access Act, are sons of the past. probably two of the most important First, by tying the two bills together This legislation will provide the legal and far-reaching legislative proposals the Republican leadership may be sabo- structure for a marketplace of the fu- this House will consider this year. taging the passage of the credit union ture, while still ensuring regulatory H.R. 10, the financial services mod- legislation which, if considered on its structures which have demonstrated ernization bill, is very controversial own, might well pass on the suspension their effectiveness in acknowledging and has been the subject of contentious calendar. Second, the Republican lead- the importance of protecting deposi- debate in both the Committee on Bank- ership has denied many Members the tors and protecting investors. ing and Financial Services and the opportunity to offer substantive Mr. Speaker, again, it just bothers Committee on Commerce for the past amendments to the text of the underly- me to see some Members shirk their 10 years. ing bill. duty. They worry about offending this The other bill, H.R. 1151, was re- For these two reasons I urge defeat of group of constituents or that group. ported last week by voice vote from the the rule. But there comes a time when we know Committee on Banking and Financial Mr. Speaker, I reserve the balance of better. We know best, we know what is Services. my time. March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1827 Mr. SOLOMON. Mr. Speaker, I yield 2 Foley Levin Rogan Under the rule, further proceedings Forbes Lewis (CA) Rogers minutes to the gentleman from Vir- Ford Lewis (GA) Rohrabacher under the call are dispensed with. ginia (Mr. BLILEY), the chairman of the Fossella Lewis (KY) Ros-Lehtinen f Committee on Commerce. Fox Linder Rothman PROVIDING FOR CONSIDERATION Mr. BLILEY. Mr. Speaker, I thank Franks (NJ) Lipinski Roukema Frelinghuysen Livingston Roybal-Allard OF H.R. 10, FINANCIAL SERVICES the gentleman for yielding me this Frost LoBiondo Rush ACT OF 1998 time. Furse Lofgren Ryun Mr. Speaker, I rise in support of the Gallegly Lowey Sabo Mr. FROST Mr. Speaker, I yield 3 Ganske Lucas Salmon minutes to the gentleman from New rule for consideration of H.R. 10, the Gejdenson Luther Sanchez York (Mr. LAFALCE). Financial Services Act of 1997. Con- Gekas Maloney (CT) Sanders gress has tried 10 times since 1979 to re- Gephardt Maloney (NY) Sandlin Mr. LAFALCE. Mr. Speaker, the Re- peal Glass-Steagall. It is time that the Gibbons Manzullo Sanford publican leadership wants the United Gilchrest Mascara Sawyer elected representatives of the Con- States House of Representatives to Gillmor Matsui Saxton play Russian roulette with the future gress, rather than appointed regu- Gilman McCarthy (MO) Scarborough lators, make the legislative decisions Goode McCarthy (NY) Schaefer, Dan of the credit union industry. We refuse affecting the powers of the financial Goodlatte McCollum Schaffer, Bob to play that game. Goodling McCrery Sensenbrenner One month ago, the Supreme Court services industry. Gordon McDermott Serrano cast in doubt the future viability of This rule eliminates the bulk of the Goss McGovern Sessions federally chartered credit unions; and thrift title from the legislation. This Graham McHale Shadegg Granger McHugh Shaw men and women of goodwill in both the change will allow thrifts to continue to Green McInnis Shays Republican and Democratic parties offer credit to customers for home own- Gutierrez McIntosh Sherman Gutknecht McIntyre Shimkus said, we have an enormous problem and ership without having to become banks we must come up with an immediate or to be subject to onerous restrictions Hall (OH) McKeon Sisisky Hall (TX) McKinney Skaggs solution. Working together, working on their authority. The revisions allow Hamilton Meehan Skeen cooperatively, working collegially, we existing thrifts to continue operating Hansen Meek (FL) Skelton came up with that solution, an excel- exactly as they are now. It also pre- Harman Meeks (NY) Slaughter Hastert Menendez Smith (MI) lent solution that passed, I believe, serves the ability of thrifts to be sold Hastings (FL) Metcalf Smith (NJ) unanimously by voice vote last Thurs- or transferred to new owners. Hastings (WA) Mica Smith (OR) day. The rule also incorporates provisions Hayworth Miller (CA) Smith (TX) Hefley Miller (FL) Smith, Linda Some have now said that what the of H.R. 1151, the Credit Union Member- Hefner Minge Snowbarger Republican leadership has done in join- ship Act, which is of a great interest to Herger Mollohan Snyder ing together this unanimously passed many members of credit unions across Hill Moran (KS) Solomon credit union bill, which could pass the this country. This rule allows for con- Hilleary Moran (VA) Souder Hilliard Morella Spence House floor tonight or tomorrow by sideration of repeal of Glass-Steagall Hinchey Murtha Spratt voice vote in my judgment if brought as well as a number of amendments Hinojosa Myrick Stabenow up separately, is give credit union from Members on both sides of the Hobson Nadler Stearns Holden Neal Stenholm members a first-class ticket on the aisle. I urge its adoption. Hooley Nethercutt Stokes ship Titanic. We do not know if that is f Horn Neumann Strickland going to be the case. Because if this Hostettler Ney Stump should pass, it would be a long sail; and Houghton Northup Stupak CALL OF THE HOUSE Hoyer Norwood Sununu it might go down. But we in the Democratic Party do Mr. SOLOMON. Mr. Speaker, I move Hulshof Nussle Talent Hunter Oberstar Tanner not wish to play Russian roulette with a call of the House. Hutchinson Obey Tauscher the future of the credit union industry. A call of the House was ordered. Hyde Olver Tauzin We have the solution. We want to pass The call was taken by electronic de- Inglis Ortiz Taylor (MS) that solution today independently and vice and the following Members re- Istook Owens Taylor (NC) Jackson (IL) Oxley Thomas solve the problem once and for all. sponded to their names: Jenkins Packard Thompson With respect to H.R. 10, who opposes [Roll No. 89] John Pallone Thornberry Johnson (CT) Pappas Thune it? The consumer groups oppose it. Abercrombie Brown (CA) Cunningham Johnson (WI) Parker Thurman Who else opposes it? The administra- Aderholt Brown (OH) Danner Johnson, E. B. Pascrell Tiahrt tion opposes it. As a matter of fact, the Allen Bryant Davis (FL) Johnson, Sam Pastor Torres most recent statement of opposition Andrews Bunning Davis (IL) Jones Paul Towns Archer Burr Davis (VA) Kanjorski Paxon Traficant says that the Treasury Department Armey Burton Deal Kasich Pease Turner will recommend that the President Bachus Buyer DeFazio Kelly Peterson (MN) Upton veto the bill in its present form, and Baesler Callahan DeGette Kennedy (MA) Peterson (PA) Velazquez that is the bill that the Republican Baldacci Calvert Delahunt Kennedy (RI) Petri Vento Ballenger Camp DeLauro Kildee Pickering Visclosky leadership wishes to attach the credit Barcia Campbell Deutsch Kilpatrick Pickett Walsh union bill to. We reject that approach. Barr Canady Diaz-Balart Kim Pitts Wamp There are so many problems with Barrett (NE) Capps Dickey Kind (WI) Pombo Watkins H.R. 10. Now, a rule ought to permit us Barrett (WI) Cardin Dicks King (NY) Pomeroy Watt (NC) Bartlett Carson Dingell Kingston Porter Watts (OK) to deal with those problems, the prob- Barton Castle Dixon Klink Portman Weldon (FL) lems of the National Bank Charter in Bass Chabot Doggett Klug Poshard Weldon (PA) particular, the problems of the Thrift Bateman Chambliss Dooley Knollenberg Pryce (OH) Weller Becerra Chenoweth Doolittle Kolbe Quinn Wexler Charter. The rule does not permit even Bentsen Christensen Doyle Kucinich Radanovich Weygand one amendment on any of the issues Bereuter Clayton Dreier LaFalce Rahall White the Treasury says will compel it to rec- Berman Clement Duncan LaHood Ramstad Whitfield ommend a veto with respect to the Na- Bilbray Clyburn Dunn Lampson Redmond Wise Bilirakis Coble Edwards Lantos Regula Wolf tional Bank Charter and the Thrift Bishop Coburn Ehlers Largent Reyes Woolsey Charter. Not one amendment is per- Blagojevich Collins Ehrlich Latham Riley Wynn mitted on the National Bank Charter Bliley Combest Emerson LaTourette Rivers Yates Blumenauer Condit Engel Lazio Rodriguez Young (AK) or the Thrift Charter by this Commit- Blunt Conyers English Leach Roemer Young (FL) tee on Rules. Boehlert Cook Ensign This rule must be rejected. Boehner Cooksey Eshoo The SPEAKER pro tempore. The gen- Bonilla Costello Etheridge b 1732 Bonior Cox Evans tleman from New York (Mr. SOLOMON), Borski Cramer Everett The SPEAKER pro tempore (Mr. the chairman of the Committee on Boswell Crane Ewing BARRETT of Nebraska). On this rollcall, Rules, has 151⁄2 minutes remaining. The Boucher Crapo Farr Boyd Cubin Fazio 387 Members have recorded their pres- gentleman from Texas (Mr. FROST) has Brady Cummings Filner ence by electronic device, a quorum. 231⁄2 minutes remaining. H1828 CONGRESSIONAL RECORD — HOUSE March 31, 1998 Mr. SOLOMON. Mr. Speaker, I yield Windows operating system, Congress successful financial operation in the such time as he may consume to the mandated that all computers be loaded whole world. gentleman from Claremont, California, only with a DOS operating system. The I rise not in anger but really in sor- (Mr. DREIER), vice chairman of the cry of outrage would be deafening. row. And I want to say that I have Committee on Rules, who is a very val- I also find it troubling that H.R. 10 tried to work with my Republican col- uable Member and has formerly served attempts to hide behind the mantle of leagues to cut a deal to preserve cer- on the Committee on Banking and Fi- States’ rights in an effort to perpet- tain essential protections for American nancial Services. He and I do not al- uate an obsolete regulatory system investors, for American consumers, and ways agree on these banking matters, that is destructive to the economy. for the American financial community but I yield him such time as he may The U.S. has six major, well-en- and industry. consume. trenched financial regulators and a du- b 1745 Mr. DREIER. Mr. Speaker, I thank plicative set of regulators in all 50 Regrettably, I did not do that. I was my friend from Glens Falls, the distin- States. In the name of States’ rights, not successful. But in any event, we guished chairman of the committee, H.R. 10 significantly increases uncer- are now confronted with whether or for yielding me the time. tainty over the scope of State regula- not this rule should be granted. It is I do rise in support of this rule. The tion of insurance. This, in turn, will with regret I suggest to my colleagues distinguished chairman of the Commit- lead to costly and unnecessary litiga- that the rule ought not be granted and, tee on Banking and Financial Services, tion. It will increase the insurance rather, that we ought to proceed to go the gentleman from Iowa (Mr. LEACH), products to consumers, again the group back to the drawing board and come up and the gentleman from Virginia (Mr. that should be our top priority. with a better piece of legislation, BLILEY), chairman of the Committee on If my colleagues agree that excessive which protects consumers, which pro- Commerce, have worked long and hard litigation is an ever-tightening noose tects investors, and which protects the to produce what many believe to be a around the neck of our economy, they confidence of the American people in fragile compromise to bring about long should think twice about supporting a what is the most extraordinarily suc- overdue reforms to the financial serv- bill that promises litigation against cessful financial community, financial ices industry; and, for that reason, any bank that attempts to devise inno- undertaking in the history of the they deserve to be heard; and that is vative financial products and services world. why I am going to be voting in support for its customers, the consumer. Let us look at some of the defects in of the rule. Mr. Speaker, in early 1995, the gen- this. One of the most noteworthy is At the same time, as has been said tleman from Iowa (Mr. LEACH) began that the bill, under the rule, we would during this debate earlier, I have more the process that eventually led to H.R. find would preempt State insurance than a few very serious concerns about 10 by focusing initially on a narrow commissioners from regulating the sol- H.R. 10 that I do not believe can be Glass-Steagall repeal bill that was de- vency of insurance companies. I have fixed by the amendments that have void of the regulatory shenanigans and an amendment that would have cor- been made in order under this bill. I government intervention that charac- rected this problem. The rule does not think they could have if we had been terizes this current bill. There was a permit me to offer it. Certainly to at- able to make a substitute that I was fear that efforts to pass comprehensive tack the solvency of the insurance proposing in order, but I do not believe legislation to modernize the financial world and the insurance industry is not they can be fixed under the structure services industry would get bogged the way to enhance confidence or, in- that we now have. down by legislative industry and regu- deed, to ensure the safety of American Among those many concerns is the latory turf battles. investing public. fact that H.R. 10 imposes massive new Well, Mr. Speaker, those fears have It was only about 10 years ago that regulatory burdens on financial insti- come true once again. Instead of let- lax regulation allowed the savings and tutions, destroys a very valuable pri- ting the marketplace determine win- loan industry to become insolvent, and vate sector charter, and encourages ex- ners and losers, H.R. 10 attempts to that cost the American taxpayer more cessive litigation. legislate who can compete with whom than $150 billion. I wonder if we are We are going to hear a lot today and who can produce and sell what. It prepared, then, to gamble with the tax- about how functional regulation will is bad for consumers; and, Mr. Speaker, payers’ money once again, this time on create a more level playing field for fi- it is therefore bad for our economy. insurance. If Members vote for this nancial services firms to compete. But, However, as I said, the authors of rule, that is what is going to be moving in reality, Mr. Speaker, functional reg- this measure do deserve to be heard. So forward in the financial community. ulation does little more than saddle al- I do support the rule, but I will oppose Does it surprise anyone that the ready highly regulated companies with this bill when it comes forward. managers amendment would also pre- additional layers of government regu- Mr. FROST. Mr. Speaker, I yield 3 empt State securities administrators lation and bureaucracy in an effort to minutes to the gentleman from Michi- from enforcing antifraud statutes to protect markets of less competitive gan (Mr. DINGELL). protect investors? I have an amend- firms. It responds to the parochial in- (Mr. DINGELL asked and was given ment that would have fixed this prob- terests of government regulators rath- permission to revise and extend his re- lem, but the rule does not allow me to er than the preferences of consumers, marks.) offer it. which really should be our top priority Mr. DINGELL. Mr. Speaker, one of Last Congress we enacted legislation here. the problems of this bill has been put that confirmed State responsibility for In short, this is really the together by two categories of people. enforcement of security antifraud stat- Japanization of our financial services First of all, a bunch of people out there utes, simply because they do a good industry. By preventing the chartering in the business world think they are job. Many of these issues are local in of any new unitary thrift holding com- going to cut a fat hog free from exemp- character, and because we do not have panies, H.R. 10 also punishes sound, tions and free from responsibilities and enough money to put into Federal re- profit-making private-sector compa- free from good sense controls to ensure sponsibilities. nies because another industry wants that there would be fair behavior and Are we going to allow that authority them obliterated as a competitor. proper behavior in the marketplace. to be taken away from the States? I Because H.R. 10 confers a competitive The other is a group of people who do suggest not. My counsel to my col- advantage to so-called grandfathered not understand what is going on in the leagues is, let us not vote for a bad thrifts, Congress will be under constant financial world. rule; let us reject the rule and go on. pressure to take the next step, which is Financial world people think it runs Mr. DREIER. Mr. Speaker, I am to impose a Soviet-style growth cap on on money. It does not. It runs on public happy to yield 3 minutes to my very that industry like that which was im- confidence. And as long as we remem- good friend and classmate, the gen- posed on the non-bank banks 11 years ber that and craft our laws in the prop- tleman from Ohio (Mr. OXLEY), who ago. Imagine if 10 years ago, as com- er fashion, we will have the confidence worked long and hard as chairman of puter makers began to embrace the of the public and we will have the most the subcommittee. March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1829 (Mr. OXLEY asked and was given Give us an opportunity to explain how the problems and providing the tools permission to revise and extend his re- effective this bill can be in providing a that our economy needs in order to be marks.) modern financial services industry that successful. Mr. OXLEY. Mr. Speaker, I rise in will be the envy of the world. This rule needs to be defeated. If we support of this rule. Mr. FROST. Mr. Speaker, I yield 3 send this over to an icy death in the Let us take a look at where we have minutes to the gentleman from Min- Senate, we will envy progress that can been. We have been, the last many nesota (Mr. VENTO). be made and should be made on finan- years, controlled in this financial serv- (Mr. VENTO asked and was given cial modernization in this session. ices industry essentially by court deci- permission to revise and extend his re- Members should vote no on this and re- sions and by fiat from unelected regu- marks.) ject this type of tactics. We ought to lators and bureaucrats. Is that the way Mr. VENTO. Mr. Speaker, I rise in know there is something wrong with it. we want our financial services industry strong opposition to the rule. Not be- If Members read all 350 pages and they to be conducted? Or do we want to have cause there is substantive differences think they understand it, then vote for the Congress of the United States, who with regards to the bill itself, H.R. 10, it. But if they do not, they better not is responsible to the voters and the where, as my colleague referred to it as vote for it. citizens of this country, to make these Titanic, no, not because of that, but Ask your leadership to provide some ultimate decisions? this rule does not permit us to deal leadership and to provide the oppor- If we do not pass this rule, we do not with the major substantive issues that tunity to deal with the people’s busi- have the opportunity to have Congress this body needs to deal with. ness and not to jam these things step in where courts and regulators This bill was heard in neither the through on a partisan manner. But to have always penetrated and give us an Committee on Commerce nor the Com- start calling for a partisan vote in opportunity to set the basic framework mittee on Banking and Financial Serv- terms of a financial modernization bill, for financial services into the next cen- ices. This bill is an assault on the com- I will tell my colleagues there is some- tury. That is really what this debate is mittee process in this House. This was thing dramatically wrong with the di- all about. put together by a few individuals and rection they are going. Vote no. But we cannot get to that debate, no excluding those that disagree with Mr. Speaker, I rise in opposition to this rule matter what our particular position is, them; and now they are surprised and on H.R. 10. Why am I opposed? Let me count unless we pass this rule. This has been say to us, in order to debate it, we have the ways. heavy lifting. Those of us who have to do it according to this rule. First, I object strenuously to this attempt to worked in the Committee on Banking What does this rule do? First of all, it hijack H.R. 1151 by linking it to H.R. 10. Re- and Financial Services and the Com- hijacks the credit union bill, which is a gardless of the underlying merit of H.R. 10, re- mittee on Commerce trying to craft noncontroversial bill that could pass gardless of where one might stand on the poli- compromises have worked long and and should pass. It is urgently needed. tics or the process that has brought us here hard to get to this day. It should pass on suspension. But what today, there is no rational reason to link this In my own Subcommittee on Finance this rule does is said we cannot talk 350 plus pages of controversial bill with the and Hazardous Materials, we had a his- about and we cannot vote and will not must-pass credit union legislation. This rule toric agreement between two warring vote on the thrift charter and the char- must be viewed as an attempt to slow down, factions that had gone on for years and acter of the thrift charter. This rule if not imperil, the solution to the credit union years, the independent insurance says we cannot and will not talk about membership dilemma resulting from the Su- agents and the banks. The insurance the credit union bill, even though it in- preme Court's February ruling. There is no agents finally recognized that today corporates it into this. No vote. No other way to view it. If this rule passes, I urge banks are going to be able to sell insur- consideration. that the motion to recommit contain instruc- ance, and banks finally recognized that This rule suggests that we will not tions to pass only the credit union legislation they had to follow a certain set of vote on something called an operating as passed by the Banking Committee last guidelines and be regulated by State subsidiary in terms of the corporate week. insurance regulators. We came to that structure that a financial institution Many Members filed many amendments to historic agreement, something that may choose. this bill. Yet we see only five, and really only had held up this legislation time and This rule dismisses something called three substantive, amendments before us time and time again. deference in terms of what regulators under this. There definitely should be time and So we have seen these compromises have, both State and Federal, and sets certainly accommodation to address the key made, and we have seen this product up some cockamamy type of court pro- issues on this bill. There should be an oppor- come together for the first time in 10 cedure in terms of how we are going to tunity to improve this bill. But against the attempts by this recent Congress to re- arrive at that. To suggest it is going to backdrop of a self-imposed deadline and the form Glass-Steagall. The WTO agree- eliminate the court, this sends an en- excuse for urgent action on the credit union ment that was recently signed in Gene- graved invitation to the courts to deal issue, this House and the public are to be va opens up markets all over the world. with this issue in a highly unusual and, short changed on even a debate, much less a Countries all over the world are liber- I think, yet ineffectual matter. fair vote on the policies at hand. alizing their markets and allowing On and on this bill goes and offers a The most important amendment discussed Americans and other companies to few amendments on topics that have last night in the Rules Committee was the La- come in and compete for insurance. little substantive effect in terms of Falce Vento/Bentsen amendment to reinstate We gave up nothing in those agree- what was going on, which were never and restore the Banking Committee's finan- ments in WTO, but other countries heard. This bill certainly was opposed cially viable and safe operating subsidiary for throughout the world, 100 of them, by consumer groups, opposed by the ad- national banks. The operating subsidiary have agreed to open up their markets, ministration, opposed, of all groups, by amendment raised issues of great import to many of which have been closed from the American Bankers Association. the overall issue of financial modernization time immemorial. And Republicans are bringing this bill and to the Members of the Banking Commit- Are we going to, in this Congress, fail up here? I cannot believe it. tee and the Administration. But adoption of to pass a rule and fail to pass a bill In fact, if we pass this bill, we will be this deficient rule would mean that amendment that would modernize our financial taking a step backward, not forward. won't even be considered. We can't vote on structure at the same time we see the This does violence and undercuts and an alternative corporate structure for banks, or rest of the world coming our way and atrophies the National Bank Charter. stop the shredding of the national bank charter opening up their markets? I hope not. We are suggesting we are going to mod- the policy in the H.R. 10 that is before the There has been too much work, too ernize banks at the same time we are House. This rule on H.R. 10 denies all of us much sincere effort at compromise to doing undercutting one of the most in- a vote on the key issue in this bill. get us where we are today to throw it novative charters we have in terms of No, we can't discuss substance on the fu- all away and say Congress is incapable providing opportunities for financial ture of financial services in this country. But of dealing with these difficult issues. growth in this economy. we can discuss an amendmentÐfor twenty I ask all of my colleagues on both This will be a step backwards from minutesÐthat would gut the Community Rein- sides of the aisle, vote for this rule. where we are going in terms of facing vestment Act for banks with less than $250 H1830 CONGRESSIONAL RECORD — HOUSE March 31, 1998 million in assets, an issue that has nothing to it in the next Congress, the regulators Mr. KANJORSKI. Mr. Speaker, a do with financial institution modernization. This will have given even more authority, year ago, in a bipartisan effort, a amendment was not offered in either Commit- and it will be even harder to move a young man from Ohio joined me to put tee's consideration and certainly represents bill. So it rings kind of hollow. together a bill to solve the problem of yet another poison pill for this rule and H.R. If we do not vote for this rule, we do allowing American credit unions to 10, or should I say the H.R. Titanic. not get to consider the underlying bill continue to survive in anticipation of Mr. Speaker, I have worked long and hard and the various amendments. And we the Supreme Court ruling that hap- and in good faith on a financial services mod- must remember, even as it goes across pened a little more than a month ago. ernization bill for many years as have most of the aisle to the other body, they will That bill was fairly simple. Here is the my colleagues on the Banking and Financial have to be considered in committee. copy of it. Services Committee. This rule and this bill They will have to be considered on the As of this moment, we have 207 co- make a mockery of a deliberate consideration floor. There will be a conference which sponsors in this House in support of and of the contributions of many Members. the gentleman from Minnesota will be H.R. 1151. But understanding the legis- This is a bad faith effort to avoid issues that a member of. There will be opportuni- lative process, H.R. 1151 came to the this House should consider. This measure was ties to further improve the bill. hearing process and the markup; and, reported from the Banking Committee over But if we stop it tonight, as we can ultimately, last week, H.R. 1151 sur- nine months ago. This rule and this H.R. 10 do if we vote against this rule, there vived as a bill of approximately 31 has made partisan a bill that was a balanced, will be no bill this year. It will be even pages that did not satisfy anyone com- bipartisan effort when it passed the Banking harder to move in the next year. pletely but satisfied enough of the Committee on June 20, 1997 with the support Mr. FROST. Mr. Speaker, I yield Members of this House that almost the of 10 Democrats. A version of H.R. 10 was such time as she may consume to the majority are still cosponsors of H.R. also passed by the House Commerce Com- gentlewoman from Texas (Ms. JACK- 1151. mittee and our two committees began work SON-LEE). And if left to come to this floor, I last fall on a compromise. (Ms. JACKSON-LEE of Texas asked have not any doubt it would survive on But the fact is H.R. 10 for the past five and was given permission to revise and a voice vote under suspension to be months has been a moving target. Just last extend her remarks.) sent on to the Senate and with a good night, March 30th, the 350 page version that Ms. JACKSON-LEE of Texas. Mr. opportunity to be taken up to the Sen- is before the House was finalized. If Members Speaker, I rise to oppose this rule for ate and passed as it is presently struc- are comfortable with such a procedure and the the unfortunate and unfair linking of tured and sent on to the President for resulting substance, then we could dispense H.R. 1151 and the very bad provisions his signature. The indication today from the notifi- with the committees and let a handful of the eliminating the Community Reinvest- cation we have received from the Sec- select and self-appointed decide what we will ment Act. retary of the Treasury, we would have vote upon and what we can debate. If you are I rise in opposition to the rule on H.R. 10, his recommendation that the President willing to dismiss the committees in favor of the Financial Services Competition Act of sign the bill and put it into law, thus 1997. While I support the provisions dealing such a procedure, just vote for this rule. And freeing the credit unions from cap- with Credit Unions, I cannot support the rule I hope you can explain this 350 page bill and tivity. why banks and others are cut off at the knees on this bill as it stands, coupled with H.R. Instead, that 35-page bill has been and impacted adversely. I cannot and I will 1151. weighed down by the Committee on The rule joins H.R. 1151, non-controversial vote no on this pseudo modernization bill. I Rules tonight by 350 pages of some of urge you to do the dame. credit union legislation, with H.R. 10. This un- the most contentious financial mod- Vote ``no'' on the rule at the very least to necessarily links H.R. 1151, the overwhelm- ernization, if that is what it can be provide the time to pull together a serious de- ingly bipartisan supported credit union legisla- called, legislation that we can imagine. bate and a balanced bill for consideration by tion, to the more controversial H.R. 10, thus The thing that disturbs me about the the House. Vote no on this rule and send a endangering passage of H.R. 1151. House of Representatives when they do message to the Republican Leadership to H.R. 1151 was passed out of the Banking something like this is they try and schedule the credit union bill for the suspen- Committee by voice vote last week and has defy the rules of physics. There is no sion calendar tomorrow, instead of sending it received the bipartisan support of the leader- way this little skinny bill is going to down to the icy waters of a protracted consid- ship both in the House and Senate. carry this heavy contentious bill into eration with the other body. Vote no on this There is no question that the credit union law. rule. legislation would pass both Houses of Con- So the ultimate result will be that Mr. SOLOMON. Mr. Speaker, I yield 2 gress this year and be signed into law by the we subject the 70 million American minutes to the distinguished gen- President. Therefore, H.R. 1151 should not be members of credit unions that we may tleman from Virginia (Mr. BLILEY), jeopardized by the more controversial H.R. 10. end up, over the next 42 days of legisla- chairman of the Committee on Com- In addition, H.R. 10 is a creation of the Re- tive days, without the rescue, without merce for a response. publican leadership with no input from demo- the life jacket that is absolutely nec- Mr. BLILEY. Mr. Speaker, I thank cratic Members. In their effort to patch to- essary that could be obtained if the the gentleman for yielding me this gether compromise legislation from bills leadership and the Committee on Rules time. I had not planned to speak again, marked up by the Commerce and Banking would just free H.R. 1151. but after the last speech by the gen- Committee, the Republican leadership has b tleman in the well, the gentleman from stripped the bill of important consumer protec- 1800 Minnesota, I feel obligated to do so. tion amendments. Now I guess there are people like me The gentleman worked long and hard While the Dingell/LaFalce amendment that that this jointure is trying to attract. in his committee. He produced a bill was made in order represents some key I have told the leadership on both sides with a by-two-vote majority, and the Democratic consumer protection provisions, of the aisle that in the present state of chairman reserved the right to vote there were a number of other important Demo- what I know about H.R. 10, the mod- against it on the floor. cratic consumer protection amendments that ernization bill, not even if the Deity The insurance agents were opposed. were not made in order. Instead, the rule himself came to Earth and asked me to The insurance companies were opposed. makes in order a Bachus amendment that vote for that bill could I support it. The brokers were opposed. The banks would strip essential Community Reinvestment I am talking to the 207 Members now were opposed. Indeed, the banks have Act provisions, an amendment that was not that are now cosponsors of 1151. It is been opposed to everything we have considered by either the Banking or Com- time that we assert our right, by vot- tried to do ever since day one. Why? merce Committees. ing ‘‘no’’ on this rule, to free 1151 to go Because they get everything they want Based on the linkage of the non-controver- through the process and assure 70 mil- from the regulators. They do not want sial credit union legislation and the lack of lion Americans that they will have the a bill. Democratic consultation, I oppose this rule. right to exercise their free choice in fi- I will tell my colleagues, if we do not Mr. FROST. Mr. Speaker, I yield 4 nancial services in this country, and get a bill in this Congress before we get minutes to the gentleman from Penn- then perhaps, I suggest to the leader- back to it or our successors get back to sylvania (Mr. KANJORSKI). ship that we take the process that was March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1831 carried on to come up with a com- that the $331 million authorized and Tax code: the marriage tax penalty. I want to promise 1151 and apply those same tac- appropriated for B–2 bombers in Fiscal thank you for your long term interest in bring- tics to trying to solve the financial Year 1998 will be applied as follows: ing parity to the tax burden imposed on work- modernization bill. $174 million will be applied toward ing married couples compared to a couple liv- There are amendments that were of- completing the planned Fiscal Year ing together outside of marriage. fered that would have given great 1998 baseline modification and repair In January, President Clinton gave his State strength to that bill. The gentleman program and $157 million will be ap- of the Union Address outlining many of the from Michigan (Mr. DINGELL) indicated plied toward further upgrades to im- things he wants to do with the budget surplus. desires, the gentleman from New York prove the deployability, survivability, A surplus provided by the bipartisan budget (Mr. LAFALCE) indicated desires, the and maintainability of the current B–2 agreement which: cut waste, put America's fis- gentleman from California (Mr. fleet. Using the funds in this manner cal house in order, and held Washington's feet DREIER) indicated desires, amendments will ensure successful completion of to the fire to balance the budget. that would help that bill. Instead, H.R. the baseline modification and repair While President Clinton paraded a long list 10 is going to sink 1151 unless we are program and further enhance the oper- of new spending totaling at lease $46±$48 bil- smart enough today to vote ‘‘no’’ on ational combat readiness of the B–2 lion in new programsÐwe believe that a top this rule. fleet. priority should be returning the budget surplus Mr. SOLOMON. Mr. Speaker, I yield The Panel to Review Long-Range Air to America's families as additional middle- myself such time as I may consume. Power also provided several far-reach- class tax relief. In all my 31 years in government I ing recommendations for fully exploit- This Congress has given more tax relief to have never seen anything happen like ing the potential of the current B–1, B– the middle class and working poor than any is happening today. The phones are 2, and B–52 bomber force, and for up- Congress of the last half century. I think the issue of the marriage penalty can ringing off the hook, including my grading and sustaining the bomber best be framed by asking these questions: Do own, and they are coming from the force for the longer term. These longer Americans feel its fair that our tax code im- friendly banker, and this lobbying ef- term recommendations warrant careful poses a higher tax penalty on marriage? Do fort is something I have never seen in review as the Department of Defense Americans feel it fair that the average married my life happen here, and the country is prepares its Fiscal Year 2000–2006 Fu- working couple pays almost $1,400 more in going to regret it because this body is ture Years Defense Program. taxes than a couple with almost identical in- not going to work its will. WILLIAM J. CLINTON. THE WHITE HOUSE, March 31, 1998. come living together outside of marriage? Is it Mr. Speaker, I withdraw the resolu- right that our tax code provides an incentive to tion from consideration. f get divorced? The SPEAKER pro tempore (Mr. THE JOURNAL In fact, today the only form one can file to BARRETT of Nebraska). The gentleman The SPEAKER pro tempore. Pursu- avoid the marriage tax penalty is paperwork from New York (Mr. SOLOMON) with- ant to clause 5 of rule I, the pending for divorce. And that is just wrong! draws House Resolution 403. business is the question of the Speak- Since 1969, our tax laws have punished f er’s approval of the Journal of the last married couples when both spouses work. For ANNOUNCEMENT OF COMMITTEE day’s proceedings. no other reason than the decision to be joined ON RULES MEETING REGARDING Pursuant to clause 1, rule I, the Jour- in holy matrimony, more than 21 million cou- BESTEA nal stands approved. ples a year are penalized. They pay more in (Mr. SOLOMON asked and was given f taxes than they would if they were single. Not permission to address the House for 1 THE MARRIAGE TAX ELIMINATION only is the marriage penalty unfair, it's wrong minute.) ACT that our tax code punishes society's most Mr. SOLOMON. Mr. Speaker, I have basic institution. The marriage tax penalty an announcement. (Mr. WELLER asked and was given exacts a disproportionate toll on working Mr. Speaker, the Committee on Rules permission to address the House for 1 women and lower income couples with chil- will meet at 6:30 sharp to consider the minute and to revise and extend his re- dren. In many cases it is a working women's rules resolution on BESTEA, and I marks.) issue. would hope that all Members would be Mr. WELLER. Mr. Speaker, the ques- Let me give you an example of how the there because this will be the floor ac- tion of the day is why is the enactment marriage tax penalty unfairly affects middle tion for tomorrow. of the Marriage Tax Elimination Act so class married working couples. important? I believe the best way to f For example, a machinist, at a Caterpillar answer that question is with a series of manufacturing plant in my home district of Jo- CERTIFICATION TO CONGRESS RE- questions. Do Americans feel that it is liet, makes $30,500 a year in salary. His wife GARDING LONG-RANGE AIR fair that our Tax Code imposes a high- is a tenured elementary school teacher, also POWER—MESSAGE FROM THE er tax on marriage? Do Americans feel bringing home $30,500 a year in salary. If they PRESIDENT OF THE UNITED that it is fair that 21 million average would both file their taxes as singles, as indi- STATES (H. DOC. NO. 105-236) working married couples pay an aver- viduals, they would pay 15%. The SPEAKER pro tempore laid be- age of $1,400 more in higher taxes than MARRIAGE PENALTY EXAMPLE IN THE SOUTH SUBURBS fore the House the following message an identical couple living together out- from the President of the United side a marriage? Do Americans feel it Machin- School Couple States; which was read and, without is right that our Tax Code actually ist teacher objection, referred to the Committee provides an incentive to get divorced? The answer is clear. Of course not. It Adjusted gross income ...... $30,500 $30,500 $61,000 on Appropriations and the Committee Less personal exemption and standard de- is not only wrong, it is unfair. It is im- duction ...... 6,550 6,550 11,800 on National Security, and ordered to be moral that our Tax Code punishes mar- Taxable income ...... 23,950 23,950 49,200 printed: Tax liability ...... 3,592.5 3,592.5 8,563 riage. Marriage Penalty ...... 1,378 To the Congress of the United States: The south side of Chicago, in the In accordance with the Department south suburbs, $1,400, the average mar- But if they chose to live their lives in holy of Defense Appropriations Act, 1998, riage tax penalty, is 1 year’s tuition at matrimony, and now file jointly, their combined Public Law 105–56 (1997), and section 131 Joliet Junior College. It is 3 months of income of $61,000 pushes them into a higher of the National Defense Authorization child care at a local child care center. tax bracket of 28 percent, producing a tax Act for Fiscal Year 1998, Public Law It is real money for real people. penalty of $1400 in higher taxes. 105–85 (1997), I certify to the Congress The Marriage Tax Elimination Act On average, America's married working that no additional B–2 bombers should has 238 cosponsors, effectively elimi- couples pay $1,400 more a year in taxes than be procured during this fiscal year. nating the marriage tax penalty. Let individuals with the same incomes. That's seri- After considering the recommenda- us eliminate the marriage tax penalty. ous money. Everyday we get closer to April tions of the Panel to Review Long- Let us do it now. 15th more married couples will be realizing Range Air Power and the advice of the Mr. Speaker, I rise today to highlight what is that they are suffering the marriage tax pen- Secretary of Defense, I have decided arguably the most unfair provision in the U.S. alty. H1832 CONGRESSIONAL RECORD — HOUSE March 31, 1998 Particularly if you think of it in terms of: a MOURNING THE PASSING OF The SPEAKER pro tempore. Under a down payment on a house or a car, one years BELLA ABZUG previous order of the House, the gentle- tuition at a local community college, or several (Mr. KUCINICH asked and was given woman from Maryland (Mrs. MORELLA) months worth of quality child care at a local permission to address the House for 1 is recognized for 5 minutes. day care center. minute.) (Mrs. MORELLA addressed the To that end, Congressman DAVID MCINTOSH Mr. KUCINICH. Mr. Speaker, I rise to House. Her remarks will appear here- and I have authored the Marriage Tax Elimi- acknowledge sadly the passing of Bella after in the Extensions of Remarks.) nation Act. Abzug, a former Member of this House f of Representatives. Bella Abzug was a It would allow married couples a choice in THE IMPORTANCE OF SMALL fearless defender of the rights of the filing their income taxes, either jointly or as in- BUSINESSES IN AMERICA dividualsÐwhich ever way lets them keep people. She was always there arguing The SPEAKER pro tempore. Under a more of their own money. on behalf of the downtrodden, arguing on behalf of civil rights, staking out a previous order of the House, the gen- Our bill already has the bipartisan cospon- claim for the rights of women, fearless tleman from Illinois (Mr. EWING) is rec- sorship of 232 Members of the House and a defender of the rights of women, some- ognized for 5 minutes. similar bill in the Senate also enjoys wide- one who was admired across this coun- Mr. EWING. Mr. Speaker, I would spread support. try for her independence, for her cour- like to speak today about a success It isn't enough for President Clinton to sug- age, for her willingness to stand up and story that is close to home. It is about gest tax breaks for child care. The President's speak out for what she believed in. an independent business located in my child care proposal would help a working cou- Bella Abzug was a legendary figure hometown in Illinois where I grew up, ple afford, on average, three weeks of day not only in the politics of New York which is a farming community in cen- care. Elimination of the marriage tax penalty State but in the Government of the tral Illinois. The business is the farm would give the same couple the choice of pay- United States. She became a symbol of implement business which has served ing for three months of child careÐor address- someone who would fearlessly rep- many beautiful and profitable farms ing other family priorities. After all, parents resent the interests of her constitu- that are located in this part of Illinois know better than Washington what their family ency, someone who had the ability for many years. needs. through her personality to summon In fact, on July 25, 1998 this business We fondly remember the 1996 State of the masses of people to the standards of will celebrate its 100th anniversary. Union when the President declared emphati- truth and justice in this country. The business I am referring to is the cally that, quote ``the era of big government is Bella Abzug is going to be missed in Smith-Marcotte, Inc. I am pleased, over.'' this country, and she will be missed by therefore, to come to the floor today to We must stick to our guns, and stay the millions of Americans who have appre- recognize this business, but in a larger course. ciated her dedication, her love of our sense to recognize the importance of Nation and her understanding that small businesses throughout America. There never was an American appetite for America can always be better, that it Whether we are celebrating their big government. has a higher truth to resonate to, that 100th anniversary, their 50th anniver- But there certainly is for reforming the exist- it should be an all-inclusive Nation, a sary or their 1st anniversary, it is a ing way government does business. Nation where the rights of women are known fact that small businesses in And what better way to show the American upheld as well as everyone, a Nation America create more jobs for working people that our government will continue along where the rights of the poor are upheld men and women than all the industrial the path to reform and prosperity than by as well as everyone, a Nation where all giants of our country together. There- eliminating the marriage tax penalty. of us have a chance to make this a bet- fore, small business is truly the engine Ladies and Gentleman, we are on the verge ter place. that keeps the great American eco- of running a surplus. It's basic math. I will miss Bella Abzug. She was a nomic machine running. personal friend. She was someone with Another point that I think is ex- It means Americans are already paying whom I had the opportunity to share tremely important about small busi- more than is needed for government to do the many moments, and I could tell my ness is the opportunity it gives to men job we expect it. colleagues I have learned from her and and women who want to have the inde- What better way to give back than to begin I consider her a treasure for this coun- pendence, and, yes, take the respon- with mom and dad and the American familyÐ try, and on behalf of the people of the sibility of being on their own so that the backbone of our society. 10th District of the State of Ohio I they can have the opportunity to be We ask that President Clinton join with Con- want to say, ‘‘Farewell, Bella. Thank entrepreneurs. There are those in our gress and make elimination of the marriage you for serving this Nation.’’ society who may be happier working tax penaltyÐa bipartisan priority. f for a giant corporation. There are many who feel the need and the stir- Of all the challenges married couples face SPECIAL ORDERS in providing home and hearth to America's ring in their souls to be entrepreneurs, children, the U.S. tax code should not be one The SPEAKER pro tempore. Under to own their own business, to have the of them. the Speaker’s announced policy of Jan- opportunity in this way to seek success uary 7, 1997, and under a previous order Lets eliminate The Marriage Tax Penalty for themselves and their families. of the House, the following Members and do it now! b 1815 will be recognized for 5 minutes each. WHICH IS BETTER? f Small businesses, like the Schmidt- Marcotte, are truly important to rural NOTE: The President’s Proposal to expand The SPEAKER pro tempore. Under a the child care tax credit will pay for only 2 previous order of the House, the gen- America. I am pleased to recognize this business and all the others like them to 3 weeks of child care. The Weller- tleman from Missouri (Mr. HULSHOF) is McIntosh Marriage Tax Elimination Act recognized for 5 minutes. across America for what they do for H.R. 2456, will allow married couples to pay the rural economy. for 3 months of child care. (Mr. HULSHOF addressed the House. I may not have mentioned, but at the His remarks will appear hereafter in WHICH IS BETTER, 3 WEEKS OR 3 MONTHS beginning I intended to say that not the Extensions of Remarks.) only does this business deserve to be CHILD CARE OPTIONS UNDER THE MARRIAGE TAX f honored for the number of years, but ELIMINATION ACT The SPEAKER pro tempore. Under a that I have a personal involvement previous order of the House, the gen- with Schmidt-Marcotte, Inc.; it has Average Average weekly Weeks tleman from Indiana (Mr. BURTON) is been a part of my life when I was grow- tax relief day care day care recognized for 5 minutes. ing up for many years. I have known cost (Mr. BURTON addressed the House. the principals for my entire life, which Marriage Tax Elimination Act ...... $1,400 $127 11 His remarks will appear hereafter in is over half the time that they have President’s Child Care Tax Credit ...... 358 127 2.8 the Extensions of Remarks.) been in business. March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1833 When I was growing up, the then metal was done in two coal-fired forges and ery manufacturers turned their efforts to mak- Schmidt Blacksmith Shop and Imple- then pounded into shape on anvils. The sec- ing war equipment. The bulk of the business ment Business was located just on the ond floor of the building housed a complete at the blacksmith shop was that of repairing back of the block where my parents’ wagon and buggy manufacturing facility and old equipment. By the end of the war in 1946, home was located. I would, as a young repair shop. Finished buggies and wagons Paul Schmidt had built a new modern tractor child playing in the neighborhood, were moved upstairs by means of an outdoor shop, a parts room and office facility. often pass the blacksmith shop and ramp. It was always Richard E. Schmidt's intention look in the door. Maybe I would ven- Around 1915, Richard purchased a gas en- to join the family business. He graduated from ture inside to see and talk to the men gine to power a set of overhead line shafts Atlanta High School in 1946 and was accept- that were working at their jobs. which ran various machines by individual ed at the University of Illinois. After one year At that time, the blacksmith shop belts. This engine powered a 75 pound trip of college, Richard returned home to help was still outfitted with the billows and hammer to forge metal once done by human manage the business. In 1950, Richard was fires burning in the keels, which were hand, a punch and sheer to cut iron, a drill drafted into the U.S. Army and served his tour part of the trade of a blacksmith. You press, and a threat cutting machine. This was in Korea. At the same time, post-war sales in- would see the owner making horse- the beginning of automation for the business. creased and the business flourished. By the shoes or other apparatus for use for Eventually the gas engine was replace by an end of the Korean Conflict in 1953, the busi- horses and farm machinery. electric motor. ness had changed from a blacksmith shop I have known all the generations ex- In 1916, Richard's son, Paul, graduated selling some machinery to a farm machinery cept the founder, who was an immi- from Atlanta High School and joined his father dealership doing some blacksmith work. Rich- grant named Richard Schmidt, who in the business. When World War I started in ard returned home from the war, and in Janu- came from Germany. He was the first 1917, Paul went into the armed services and ary of 1953 married Dema Smith. One year generation, and he immigrated to Cen- served a tour of duty in France. Upon his later, the future fourth generation to take over tral Illinois in 1881. He was followed in son's return in 1918, Richard had added to the the business, Steven Paul Schmidt was born. the business by his son, Paul A. blacksmithing business a line of horse drawn The late 1950's brought major growth to the Schmidt, his son, Richard E. Schmidt, implementsÐthe beginning of the family farm business and to the farm economy. In 1958, and his son, Steven P. Schmidt, and his implement business as I know it today. Case Company introduced their first automatic two children, Michael and Jenny. They The first horse-drawn implements sold by tractor transmission. This was the beginning of are all very real people to me, not just the business were manufactured by Emerson- major technological advances for farm machin- names. Braningham Company. The line of implements ery manufacturers. Machinery was becoming As has been the pattern over the included horse-drawn gang plows, sickle mow- larger and more sophisticated. years, small businesses grow and ers, and disk harrows. Still, the blacksmithing With the addition of the New Idea farm ma- merge. Sometimes they divide. But in business flourished as the bulk of farm power chinery line in 1960, Richard E. Schmidt this case the Schmidt Implement Busi- was still furnished by horses. broadened the business' customer-base two- ness has grown and merged with the 1926 was to become a letter year for the fold. First, to include a larger group of farmers Marcotte Implement Business, and business; Richard Schmidt died and son, Paul, and second to the seed corn industry. New took over the business. In that same year, the then in the nineties merged with the Idea appealed not only to area farmers but to Emerson-Braningham Company was bought Cox-Evans Implement Business, and the seed corn industry because of its introduc- out by J.I. Case Company of Racine, Wiscon- here again my relationship with the tion of self-propelled corn harvesters. With the sin, and Paul Schmidt signed his first contract Cox-Evans family goes back for almost addition of this new equipment line, an addi- with J.I. Case Company, the beginning of 72 tional building was erected at the downtown my entire life. This family is now in its years of continuous service to the local farm location in 1968 so that machinery could be fourth generation in the farm imple- community. Two years later, Paul and his wife repaired inside where it was sheltered from ment business. Ruth, had a sonÐRichard E. SchmidtÐthe It is my hope as we recognize the the weather. Paul A. Schmidt and Son em- third generation. ployed five people at this time. Sadly, the dec- Schmidt-Marcotte Implement Business With the onset of the Great Depression in today we will also reflect a little bit ade closed with the passing of Paul A. the 1930's, the word for the next several years Schmidt on February 4, 1969. Paul had en- upon what in this country has made it was ``survival.'' In 1933, total cash sales for joyed over 50 years in the farm machinery possible for this country to grow and Paul Schmidt were less than $1,500.00. in business. prosper, and with those reflections, we order to keep the business going, a large por- Schmidt Implement Company was formed in should rededicate our efforts and our tion of the work done was either for barter or 1970. Good grain prices during the mid-1970s commitment to keeping America charged on the book. Few tractors and ma- encouraged rapid growth in the business. In strong and our government supportive chines were sold at this time. The business 1976, Dick's son, Steven P. Schmidt grad- and not overpowering, so that this survived once again on blacksmith work and uated from Illinois Wesleyan University, small business can survive a second 100 welding. Life was hard for farmers. A bushel of Bloomington, Illinois; with a degree in busi- years, and so that all small businesses corn was worth $.10. The heat wave and great ness administration. Shortly after graduation, across America can continue the oppor- drought of 1936 caused many crop failures Steven joined the family business. tunity to grow and prosper. and that winter was one of the coldest on The growth of the business determined the Mr. Speaker, I include for the record. fate of the original blacksmith shop. It had be- RECORD my full text of the history of 1937 seemed to be the turning point in the come apparent that the business had out- the Schmidt-Marcotte Implement Busi- farm machinery business. The economy had grown its original downtown location; a move ness in Illinois. picked up and the Great Depression appeared was required. An eight-acre tract of land was The business actually began with Richard to be over. Paul purchased two train carloads purchased on the south edge of Atlanta. The Schmidt's immigration to Atlanta, Illinois, from of Case two-row cornpickers. The cost of business would be bordered by I±55 and U.S. Germany in 1881. Upon his arrival, Richard these machines was approximately $900.00. 66. An 11,200 square foot metal building was began work for Mr. Demer Rhodes, the local Modern combines that could be pulled by a constructed on the site in May of 1978, dou- blacksmith. Richard worked for Mr. Rhodes for tractor, began to replace the threshing ma- bling the original shop size. The new site, several years, learning the ``smithy'' business. chines. once the northwest edge of the old Atlanta In 1895, Richard married Minnie Butler and The farm economy was on an upswing. The fairgrounds, is marked by a cornerstone. The set up housekeeping. Three years later, two practice of trading horses and cow for new day of the village blacksmith has passed on. events occurred which would eventually set machines was common-place. At one time, This was a busy time for both Richard and the course for the business: Richard pur- Paul had eight horses and two cows boarded Steven Schmidt. 1977 welcomed the birth of chased the blacksmith shop from Mr. Rhodes at Hoblit Farms south of Atlanta. The late son Michael to Steven Schmidt; daughter and his son, Paul A. Schmidt was born. 1930s introduced rubber tractor tires, taking Jenni was to follow in 1979. The fifth genera- The first shop, a two-story building, was lo- the place of steel-lugged wheels. This enabled tion of Schmidts had arrived. cated near the railroad on First Street. The the farmers to travel faster, provided more For Richard, 1978 found him elected to the lower level was a general blacksmith shop. A traction in the fields, and made local road office of president of the J.I. Case Dealer day's work consisted of shoeing horses, commissioners happier. Council. This council was formed to provide a sharpening plow shares, and general welding, Few farm machines were made with the common link between dealers and corporate all very hard, physical labor. The firing of the onset of World War II in 1941. Farm machin- management. H1834 CONGRESSIONAL RECORD — HOUSE March 31, 1998 The business continued to flourish under the vania (Mr. MASCARA) is recognized for 5 ber one in the world. We talk here in government's PIK (payment-in-kind) program minutes. Washington about how if we get out of and in 1985, two major equipment lines, J.I. Mr. MASCARA. Mr. Speaker, I rise the way and get control of education Case and International Harvester, merged to today to congratulate Cadet Shirer, a back into the hands of the parents and become Case International. This merger even- lifelong Western Pennsylvanian, a very the community, and we get our parents tually precipitated another partnership. On No- special person who is celebrating his back actively involved in making the vember 1, 1987, two Logan County farm 100th birthday. decision on where their kids could go equipment dealers joined forces, Schmidt Im- Mr. Shirer was born and raised in to school, and what should be taught in plement Company and Marcotte International, Westmoreland County in the commu- the schools. If we can get the parents Inc. of Lincoln, Illinois. This merger became nity of Alverton, Pennsylvania, on involved actively in these kids lives, operational under the name of Schmidt-Mar- March 31, 1898. He still calls Alverton then education will once again be num- cotte, Inc., resulting in the cloture of the Mar- his home, a community which also is ber one in the world, and that is the cotte dealership on Woodlawn Road in Lin- the residence of his two children, best thing we could do here in Wash- coln. With the merger came the construction Thomas and Joyce, and their families. ington. of two more buildings and doubled the number I want to take this opportunity also This article this morning that I was of employees. to honor Mr. Shirer for his dedication reading talks about a lot of the other William (Bill) Marcotte brought to the busi- to his country. At the age of 19, he implications of getting the parents ness 21 years of association with International joined the Army to defend his country back involved in the lives of the kids. Harvester products. Bill graduated from South- during World War I. He served in the E This article was a national study of ern Illinois University in 1966 with a degree in Company of the 10th Pennsylvania In- 12,000 teens, and they found the influ- agriculture. He worked for International Har- fantry, and later as a member of the ences of family, school and personal vester as a sales representative out of their medical troop that was shipped to character, and they found that these Peoria office. In 1973, he was transferred to France. influences can either protect teens Lincoln, Illinois as an assistant manager and He is one of the few remaining World from all kinds of problems or result in purchased the dealership in 1974. He had War I veterans in Western Pennsyl- teens having more problems. been owner/operator until the merger in 1987. vania, and the last surviving charter Listen to some of these results, be- In 1992 Schmidt-Marcotte further enhanced member of the Veterans of World War I cause these are the issues we talk their central Illinois leadership in agriculture and the VFW Post in Scottdale, Penn- about here in Washington, and we implement sales by merging with Evans Imple- sylvania. sometimes get hung up out here in ment of Lawndale. David Evans closed his His commitment to the ailing troops Washington about how Washington can fix these problems. business in Lawndale, purchased stock in did not end with the signing of the Ar- How do we stop teenagers from ciga- Schmidt-Marcotte, and joined the Schmidts mistice. For 20 years, beginning in 1961, Mr. Shirer took it upon himself to help rette use? Listen to what they found in and Bill Marcotte as a business partner. This this survey of 12,000 students. Cigarette merger provided the company with their sec- veterans in Westmoreland County by providing them with the necessary use among teens: How do you slow it ond major farm equipment manufacturer-New down? Number one, parent, family, transportation to the nearby Veterans Holland-as well as several short line compa- connectedness. Parents and family nies including Kinze, an industry leader in Administration Hospital in Pittsburgh. I have had the pleasure of meeting doing things together. planting equipment. Number two, parent at home before Mr. Shirer at several events in my dis- David Evans' family has been involved in and after school, at dinner time, and at trict. He is a distinguished man who the farm equipment business since 1953. That bedtime. year his grandfather and uncle, John Cox and still proudly wears the Army uniform Number three, parents and teens do John R. Cox, started Cox implement Com- when attending veterans events. What activities together regularly. pany, an Allis-Chalmers dealership in Lincoln. strikes me most about him is his abil- Notice what is missing from this list? Cox Implement flourished and in 1966 they ity to recite by memory John McCrae’s There is no new Washington program moved their business to Lawndale to accom- great war poem, ‘‘In Flander’s Fields,’’ to solve the problem, but rather par- modate the business' growth and need for and the Gettysburg Address, remem- ents involved with their teenagers. space. In 1979, David and his father, Tom, ber, without the assistance of notes. He Let’s go on to another one. Alcohol bought the dealership and operated it under is truly a remarkable man. use among teens. You see this idea of the name of Evans Implement. As the years In your honor, Mr. Shirer, we are getting parents back involved in edu- passed, the Allis-Chalmers dealership grew having a flag flown over the Nation’s cation of their kids is going to have a with the addition of Steiger, Kinze, New Hol- Capitol building today. I join Mr. lot of side effects. Let’s talk about al- land, and a host of short line companies. Tom Shirer, his children, his grandchildren cohol use among teenagers. Evans retired in 1991. That same year Dave's and his great grandchildren in wishing Number one among these 12,000 stu- son, Tim Evans, joined the business. Tim, cur- him a very happy 100th birthday. He dents surveyed, number one to slow al- rently the office manager of Schmidt-Marcotte, stands as a symbol for all veterans who cohol use among teenagers, parent- is a fourth generation family member involved have fought to keep this country’s free- family connectedness. in the farm equipment business. dom. Number two, parent at home before Schmidt-Marcotte's merger with Evans re- f and after school, at dinner time, and at bedtime. And listen to this one: Teen sulted in greatly expanded customer services A VISION FOR THE FUTURE in areas including sales and parts. religious identity. You want to slow Schmidt-Marcotte, Inc., currently operates The SPEAKER pro tempore. Under a down alcohol use amongst teenagers? with Steve Schmidt as president, Bill Marcotte previous order of the House, the gen- Parents need to be involved with their as vice-president, and Dave Evans as treas- tleman from Minnesota (Mr. NEUMANN) kids once again. urer, and currently employs 30 individuals. In is recognized for 5 minutes. Marijuana use, how do you stop mari- December, 1998, Michael Schmidt will grad- Mr. NEUMANN. Mr. Speaker, I rise juana use amongst teenagers? Again, uate with a degree in agriculture from Western tonight for a very special reason. A lot no new Washington program, no new Illinois University, and plans to join his father, of times we talk about having a vision Washington spending, number one to Steve, in the business, marking five genera- for the future of this country, and we stop marijuana use amongst kids, re- tions in the farm implement business. talk about a social vision for the future member, this was 12,000 students sur- In closing, a celebration marking their 100 of this country and we get all confused veyed: Parent-family connectedness. years of service will be held in Atlanta, Illinois about Washington’s role in that social Parents doing things with their kids. at the business on July 25, 1998. vision. This morning I was reading the Number two, parents at home before f Washington Times, and there is an ar- and after school, at dinner time and ticle that I would just like to call ev- bedtime. Notice the consistency here. TRIBUTE TO CADET SHIRER eryone’s attention to, because it says a When the parents are around for their The SPEAKER pro tempore (Mr. JEN- lot about this vision. kids, the abuse of whether it is alcohol KINS). Under a previous order of the We talk a lot, first, about education or cigarettes or marijuana goes down House, the gentleman from Pennsyl- and how we can make education num- dramatically. March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1835 How do you solve teen pregnancy in a commemorative stamp in his honor zens. He stood for what America is des- the United States of America? You are and bearing his name. For some reason, tined to become: free, just and equal. here in Washington. You would think the Postal Service has not seen fit to Let us put him on a stamp. the solution to teen pregnancy is hand- do so. Therefore, I take this oppor- f ing out condoms in school. That is not tunity to ask the question, why, and REFORM OF THE INTERNATIONAL how you solve it. urge the Postal Service to correct this MONETARY FUND Listen to what 12,000 students told in oversight. answer to this survey: The best way, Surely Paul Robeson fits the criteria. The SPEAKER pro tempore. Under a teens need to know that parents dis- Dr. James Alsbrooks points out that previous order of the House, the gen- approve of teen use of birth control. various reference books refer to Mr. tleman from New Jersey (Mr. SAXTON) The number one thing that resulted in Robeson as an ‘‘American Treasure’’ is recognized for 5 minutes. fewer teenage pregnancies was when and deserves respect. Among them are Mr. SAXTON. Mr. Speaker, as chair the teens know that parents disapprove the World Book Encyclopedia, Bri- of the Joint Economic Committee, of birth control activities. tannica, Collier’s Encyclopedia, and sometime ago I began or the Joint Eco- What do we do here in Washington? the Academic American Encyclopedia, nomic Committee began a review of a We encourage additional birth control, which states that Paul Robeson was proposal which came to us from the and it is exactly the opposite outcome one of the most distinguished Ameri- International Monetary Fund through of what we should be doing. cans of the 20th Century. the Treasury of the United States. Sec- Number two, parents and teens do ac- In addition to his brilliant stage ca- retary Rubin, in essence, passed along tivities together regularly. This is how reer, Robeson learned several foreign the request of the International Mone- you slow teen pregnancy in America. languages. He played the title role in tary Fund, the IMF, for an appropria- Number one and two are exactly the the 1943 Broadway production of tion of $18 billion to, in their words, opposite of what we are recommending ‘‘Othello,’’ which ran a record 296 per- permit the IMF to continue their work. here in Washington. formances. It is interesting, Mr. Speaker. The Number three, teen use birth control In 1944, he was awarded the Academy IMF, which was established in 1945, properly at first and last act. Again, of Arts and Letters Gold Medal for best over the years since 1945 has had a that is three, that is down the list with diction in American Theater and the total, a quota appropriated to it, of these students as opposed to parents Donaldson Award for Best Actor. In the about 36 billion U.S. dollars. So one being actively involved with their kids. might ask why it would be that the I pointed this out because there is a 1930s, Robeson spent a great deal of IMF would come to us today and in one lot of discussion in this city about how time in Europe and was deeply im- lump sum request the appropriation of Washington can solve these problems, pressed by the Soviet Union and its $18 billion, a 50 percent increase in 1 and the reality is when you actually seeming lack of racial prejudice. year over what they have had over the talk to the students, the right answer In 1939, he returned to the United States. He supported the American war past 50-some odd years? is parents being actively involved with So we began to look at this as a very their kids is the best thing that can effort during World War II and cam- paigned for the sale of war bonds. serious matter. This is $18 billion of happen. U.S. taxpayers’ money that would be Now, what could Washington do to After the war, Paul Robeson became used for purposes around the world; for help this situation? We have a tax rate increasingly disillusioned with the perhaps good purposes, in some in- that says $37 out of every $100 that a treatment and status of blacks in stances, and perhaps for questionable typical American family earns gets American society. He became a spokes- paid into taxes to the government in man on civil rights issues. In 1950, as a purposes in other instances; but $18 bil- one shape or form or another, either result of some pro-Soviet Union state- lion, billion with a B, of U.S. tax- State, Federal, local or property taxes. ments, the State Department revoked payers’ funds. So if we really want to help solve the his passport, charging him with pro- So when we began to look at the op- problems of cigarette use in teens, al- communist leanings. However, in 1958, erations of the IMF, we noticed that cohol use in teens, marijuana use in the Supreme Court upheld his right to something was quite peculiar. That teens, if we want to slow the pregnancy go abroad. was that, after a great deal of study, rate amongst teenage girls, if we really Paul Robeson was what we today we determined that the average want to help with these things, why would call an activist-artist-scholar, amount of interest that the IMF ob- don’t we talk about reducing this tax who had a profound impact on forcing tains in making its loans to risky burden on families so that one of the America to look at racism, classism, creditors in other countries is about 4.7 parents or both of the parents can be militarism and a concept of mass percent; that is right, 4.7 percent. home more often and more actively in- struggle. He was attacked relentlessly, By today’s standards, or by any volved with their kids? brought before the House un-American standards in the modern world, 4.7 per- cent is a fairly low interest rate. Amer- f Activities Committee, and hounded continuously by ultra right wing con- icans who buy homes pay in the neigh- TRIBUTE TO PAUL ROBESON servatives. However, Robeson contin- borhood of 7 percent. Americans in this The SPEAKER pro tempore. Under a ued to stand, fight, speak out and per- day and age who buy cars pay an inter- previous order of the House, the gen- form. He was indeed a tall tree in the est of 9 or 91⁄2 percent. Americans who tleman from Illinois (Mr. DAVIS) is rec- American forest. use credit cards pay interest rates from 18 to 24 percent. So 4.7 percent interest ognized for 5 minutes. b 1830 Mr. DAVIS of Illinois. Mr. Speaker, is a relatively low interest rate. Paul Robeson, accomplished scholar, Given all of these accomplishments After we determined that this was Phi Beta Kappa, Rutgers University and all of these attributes, it is incon- the case, we drafted some legislation to valedictorian, twice All-American ceivable that we could deny the place- try to change the way the IMF does Football hero, graduated Columbia ment of such an American on one of business. Mr. Speaker, we did not sug- University Law School, practicing at- our postage stamps, especially given gest that the $18 billion of American torney, Shakespearian actor, and, for the fact that Bugs Bunny, Wolfman, taxpayers’ money should be forwarded, two decades, was considered one of the Frankenstein, John Henry, Paul appropriated and forwarded to the greatest baritones in the world. Bunyan and other symbols adorn these International Monetary Fund. We said, Mr. Speaker, on April 9th, thousands precious vehicles of communication. before we even consider sending them of his fans and admirers throughout As we proceed to the 100th birthday another dime, that we ought to change the world will celebrate the 100th of Paul Robeson, I urge the U.S. Times the rules as we see them, as we partici- birthday of one of America’s most gift- Postal Service to move expeditiously pate in the IMF, as to how it operates. ed and accomplished individuals, Paul to correct the gross injustice, to cor- They would be some fairly simple and Robeson. rect and recognize the enormous con- straightforward changes. For several years now, there have tribution of one of our most gifted, The first change would involve our been efforts under way to try and have most talented, and most impactful citi- ability to find out what the IMF is H1836 CONGRESSIONAL RECORD — HOUSE March 31, 1998 doing, why they make their decisions nating the IMF, the best way for Congress to ing the effect of IMF assistance on worker’s and how they make them. Because correct its failings would be by enacting leg- rights; (2) the President ensure that no U.S. today they do it in secret, Mr. Speaker. islation like The IMF Transparency and Effi- resources are ‘‘made available, directly or They do it in secret. And, as a matter ciency Act of 1998 (H.R. 3331), sponsored by indirectly, to promote unfair competition Representatives Jim Saxton (R–NJ), Richard against the American semi-conductor indus- of fact, even when Members of Congress K. Armey (R–TX), and Tom Campbell (R– try’’; and (3) the IMF member countries es- ask why the decisions were made that CA). This bill attempts to shine a bright tablish an advisory commission on the inter- were made, we cannot see their min- light on the internal workings of the IMF, national financial system. utes, we cannot see their reports, we which have been all too often closed to out- Although the House bill is stricter than cannot see the studies of the results of side scrutiny. In addition, it would mitigate the Senate legislation, it remains far from what they obtained. So we are request- the market distortion caused by IMF loans. ideal. Both would give the IMF $17.9 billion— ing to be able to see into their proce- It requires the IMF to charge market inter- the entire Administration request—with in- dures: transparency, we call that. est rates on its loans, and establish an inde- effective or unenforceable conditions, and pendent review board to examine its policies, would result in little change in how the IMF We also introduced in the same bill, practices, and results. Finally, H.R. 3331 con- does business, which is the root of the prob- which happens to be H.R. 3331, a provi- tains the most stringent enforcement meas- lem. sion that would require them to use ures of any current reform proposal. THE IMF TRANSPARENCY AND EFFICIENCY ACT American dollars, both in the case of CURRENT LEGISLATION OF 1998 the $36 billion they already have and in The Senate passed a supplemental appro- As a lender of last resort, the IMF disrupts the case of whatever we may appro- priations bill on March 26, 1998, to grant the the global market. Worse, the secretive na- priate in the future, and that they loan Administration’s request for $17.9 billion for ture of the IMF prevents any accurate eval- at market interest rates, adjusted for the IMF. Negotiations between the Adminis- uation of the extent of this disruption. The risk. tration and the leadership in the Senate re- problem, therefore, is not that the IMF lacks That is an important factor, because, sulted in changes that greatly weakened the sufficient funds, but that its distribution of Mr. Speaker, if you have the oppor- reforms demanded by earlier versions of the subsidized loans and its secretive nature re- bill. For example, instead of demanding that ward poor governance, encourage excessive tunity to go out and borrow some the IMF pass a resolution to change its loan money, if you are a lender and you risk-taking by investors, and conceal infor- policies, a provision approved in the earlier mation necessary to counter these effects. start loaning at 4.7 percent, believe me, version by the Senate Appropriations Com- The best way to avoid these outcomes would you have lots of customers. So we mittee, the new agreement only requires the be to shun these kinds of subsidized loans al- would require that they loan at market Secretary of the Treasury to certify that the together. Short of eliminating the IMF, rates, and we would also require that world’s seven largest economies—the so- which would be the ideal solution, Congress they establish an independent advisory called Group of 7 (G–7) nations—agree to use can focus on mitigating the more harmful board that would report to the public their influence to push two specific reforms consequences of IMF lending. in IMF policies.2 These reforms would obli- The best vehicle for achieving this goal is periodically about their activities. gate recipients of IMF assistance to: (1) end The reason for me taking the floor to The IMF Transparency and Efficiency Act of government subsidies and directed lending 1998 (H.R. 3331), sponsored by Representative explain this tonight, because I have and (2) comply with international trade Jim Saxton (R-NJ), Richard K. Armey (R- done this before, is that a very pres- agreements. This deal removed the provision TX), and Tom Campbell (R-CA). H.R. 3331 de- tigious organization in Washington, in the original legislation that would punish mands that the Executive Directors of the the Heritage Foundation, will soon re- the IMF for failing to enact congressionally IMF initiate specific reforms: lease a report, a draft of which I have mandated reforms. Instead of demanding Increase transparency. Demands for great- here. They support the notions and the concrete results on reform before granting er transparency are a part of nearly every money to the IMF, the legislation recently concepts contained in H.R. 3331. piece of legislation involving IMF reform. passed by the Senate merely requests a nebu- Despite Congress’s appropriation of $17.9 bil- They say, for example, that with re- lous promise from the G–7 countries to pur- gard to the issue of being able to see lion in American taxpayer dollars to the sue reform. IMF, the organization refuses to grant Con- what the IMF does, they say, ‘‘De- The Appropriations Committee in the gress or the American public timely access mands for greater transparency are a House of Representatives passed two supple- to the minutes of its board meetings, its loan part of nearly every piece of legislation mental appropriations bills on March 24, agreements, and its performance evalua- involving the IMF.’’ 1998. One contains appropriations for both tions. the IMF and the United States’ arrears to Mr. Speaker, I include for the f the United Nations, and the other provides RECORD an article by Brett Schaefer on funding for U.S. participation in the Bosnia PERSONAL EXPLANATION this subject. peacekeeping mission, military expenses in The material referred to is as follows: the Middle East, and disaster relief. The re- Mr. CONYERS. Mr. Speaker, I was on HOW CONGRESS SHOULD REFORM THE form provisions for the IMF in the House bill official travel with the President of the INTERNATIONAL MONETARY FUND are very similar to those originally present United States last week, and I missed a (Brett D. Schaefer) in the Senate bill. Specifically, before the number of votes. Recent weeks have seen vigorous debate in funds appropriated in the bill could be dis- Had I been present, I would have Congress over America’s participation in and persed, transferred, or made available to the voted no on rollcall numbers 80, 78, 76, funding of the International Monetary Fund IMF, the Secretary of the Treasury must 75, 74, 73, and 69. I would have voted yes (IMF). Both the Senate and the House of certify that the IMF Board of Executive Di- rectors had passed a resolution requiring on rollcall numbers 79, 77, 72, 71, 70, and Representatives have passed supplemental 68. appropriations bills containing the $17.9 bil- every user of IMF resources to: (1) comply lion requested by the Administration for the with all international trade agreements and f IMF. Both bills request specific reforms in obligations to which the borrower is a party; (2) eliminate government directed lending or A HISTORICAL HEALER: MARY IMF operations or policy. Unfortunately, ei- JANE LAWSON BROWN ther these reforms would have little impact subsidies; and (3) guarantee that countries on the current operations of the IMF, or they would not discriminate between domestic The SPEAKER pro tempore. Under a are completely unenforceable. and foreign creditors or debtors when resolv- previous order of the House, the gentle- ing debt problems. Congress should utilize the rare oppor- woman from Florida (Ms. BROWN) is tunity offered by this legislation to reform In addition, the House bill includes three directives that (1) the Treasury report on ad- recognized for 5 minutes. the economically harmful activities of the Ms. BROWN of Florida. Mr. Speaker, IMF.1 Short of denying funding for or elimi- vances in financial transparency, application of internationally accepted accounting prac- I rise today to recognize a historical tices, elimination of subsidies, and improv- healer, Mary Jane Lawson Brown, who 1 For detailed criticism of the IMF and the det- rimental effects of its policies on developing coun- has been considered to be one of the tries and the global economy see: Bryan T. Johnson IMF Bailout in Asia is Wasteful and Won’t Work,’’ most important figures in the history and Brett D. Schaefer, ‘‘Congress Should Give No Heritage Foundation Backgrounder No. 1150, Decem- of health care in Palatka, Florida. More Funds to the IMF,’’ Heritage Foundation ber 5, 1997. Backgrounder No. 1157, February 12, 1998; ‘‘No New 2 The G–7 includes Canada, France, German, Italy, Born in 1882, Mary Jane Lawson was Funding for the IMF,’’ Heritage Foundation Japan, the United Kingdom, and the United States. an incredible person by any measure, Backgrounder Update No. 287, September 23, 1997; It meets periodically to coordinate economic poli- let alone an historic and extraordinary and ‘‘The International Monetary Fund: Outdated, cies, discuss treaties or agreements, and issue policy woman. In 1915, Mary Jane Lawson en- Ineffective, and Unnecessary,’’ Heritage Foundation statements. The G–7 are the seven largest contribu- Backgrounder No. 1113, May 6, 1997; Bryan T. John- tors to the IMF and control 44.82 percent of its rolled in training school for embalm- son, and John Sweeney, ‘‘Down the Drain: Why the votes, according to the 1997 IMF Annual Report. ing, one of the only two women at the March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1837 school. Completing her courses of (Mrs. LINDA SMITH of Washington ant’s father left home when defendant study in the same year, she became the addressed the House. Her remarks will was 2 and never returned. Defendant’s first African American licensed to per- appear hereafter in the Extensions of father left home to get a pack of ciga- form funerals in the State of Florida. Remarks.) rettes and never came back.’’ In 1918, she opened the Mary Lawson f Then 3 or 4 years ago, I read an arti- Sanatorium. At first, the sanatorium cle about two leading criminologists The SPEAKER pro tempore. Under a cared for the African American resi- who had studied 11,000 felony cases previous order of the House, the gen- dents of the Palatka area. However, by from around the country; and they tleman from Michigan (Mr. HOEKSTRA) 1922, the sanatorium was caring for said, the biggest single factor in seri- is recognized for 5 minutes. people of all races in a community des- ous crime, nothing else was even close, (Mr. HOEKSTRA addressed the perately short of health care facilities. was father-absent households. Then I House. His remarks will appear here- The 35-bed Mary Lawson Sanatorium, read that the 13-year-old boy in Arkan- after in the Extensions of Remarks.) later to be renamed the Mary Lawson sas, probably the leader, was the son of Hospital during the 1930s, housed x-ray f parents who divorced when he was 9; equipment, a laboratory, and surgical PARENTS’ TRUE PRIORITY: TIME and his father lives in Minnesota. facilities. For a long period in Putnam WITH THEIR CHILDREN I know there are exceptions to every County history, the Mary Lawson Hos- rule. I know that many wonderful peo- pital was the only location in the coun- The SPEAKER pro tempore. Under a ple come from broken homes. I know ty equipped for physicians to perform previous order of the House, the gen- there are hundreds of thousands of sin- surgery. tleman from Tennessee (Mr. DUNCAN) is gle mothers who are doing miraculous, As the owner and administrator of recognized for 5 minutes. even heroic, jobs raising their children. the primary health care center in Put- Mr. DUNCAN. Mr. Speaker, as I was I also know that divorce hurts chil- nam County throughout the Roaring driving to the airport last Friday, I dren; and many of them are hurt deep- Twenties, the Great Depression, World heard on the CBS News part of a state- ly, far worse than we realize, and War II, and the 1950s, Mary Jane ment by the national head of the scarred for life. Lawson has been regarded as a blessing YMCA. He said, because of all the bro- So many fathers are slowly going out to Palatka. ken homes and other factors, children of the lives of their children. This In 1925, Mary Jane Lawson and her are being deprived of time, love, and hurts both boys and girls, but girls, close friend, Mary McLeod Bethune, attention like never before in our his- who so often stay with their mothers, started the first chapter of the Ad- tory. He was speaking out because of seem to be able to handle it better. We vancement of Colored Women, which the horrendous tragedy in Arkansas. have a very serious epidemic in this continues to be a large national organi- Then I switched stations and heard Nation of small boys growing up with- zation today. Mary McLeod Bethune Dr. Laura Schlesinger, the radio psy- out a good male role model. I know founded the Bethune Cookman College chologist, read something written by a sometimes divorce is inevitable. It is in Daytona Beach, Florida, and lived in third grader about his heroes, his par- the only choice. But I also believe that Palatka during the 1920s. ents. He emphasized, and Dr. Laura one of the greatest blessings you can During this time period, Mary Jane emphasized by reading it twice and give any child is two loving parents. Lawson provided assistance on several stressing the word, ‘‘time.’’ Government cannot solve this prob- efforts to attain funding for the college Then in Sunday’s Knoxville News lem alone. We need more men who will that Cookman had started. This was Sentinel was an article by Mike get active with the Boy Scouts and yet another way Ms. Lawson gave back Barnicle of the Boston Globe. The Sunday school and organizations that to the community. headline said, ‘‘How much time do we work with young boys, but government Mary Jane Lawson lived to be 79 really spend with our children?’’ can help. We need school systems years of age. The efforts of Ms. Lawson Mr. Barnicle wrote, ‘‘It’s not the which will make a greater effort to extended to her granddaughter, Mary guns. It’s not TV. It’s not movies fea- hire male teachers at the elementary Lawson Brown. Ms. Brown and her son, turing enormous amounts of gratuitous level. A very small percentage of ele- Theodore Brown II, are both licensed violence.’’ He said, mentary teachers are male right now. funeral directors who live and own the ‘‘We can indulge ourselves in all of the se- But the biggest way government Lawson & Son Funeral Home; and it mantic or psychological contortions avail- could help, Mr. Speaker, is by lowering has remained one of the largest and able. We can assemble commissions, tie yel- its budget and increasing the family’s oldest business in the Palatka commu- low ribbons around trees, shed tears, utter budget. The biggest factor in most di- nity. prayers, listen to speeches, read editorials, vorces is strong, even bitter disagree- As we celebrate Women’s History and we are still left with the apparent stone- cold fact that these multiple homicides were ments over money. Month, I ask that my colleagues join In 1950, the Federal, State and local me as I applaud this historical healer committed allegedly by two boys. One is 11, the other 13.’’ governments took about 3 or 4 percent who shares her talents among the resi- each from the average family. Today, dents of the great State of Florida. Mike Barnicle continued by pointing out that, the government at all levels takes al- f most 40 percent in taxes and another 10 ‘‘Today we communicate by e-mail, cell The SPEAKER pro tempore. Under a percent in government regulatory previous order of the House, the gen- phones, laptops, the Internet, websites, and home pages. Yet we don’t know what a 13- costs. One spouse has to work to sup- tleman from Georgia (Mr. KINGSTON) is year-old is doing in his spare time.’’ port the government while the other recognized for 5 minutes. He ended his article in this way: works to support the family. If the gov- (Mr. KINGSTON addressed the House. ernment at all levels took less from the Accountability rarely makes its way to the His remarks will appear hereafter in average family, there would be far the Extensions of Remarks.) conversation table because so many parents are busy, too preoccupied with the moment fewer families that would split up due f to realize that the true priority—the most to the millions of arguments over fam- The SPEAKER pro tempore. Under a difficult task, as well as their greatest ily finances. previous order of the House, the gen- achievement, potentially—is staring them in There is nothing we can do to end all tleman from New Jersey (Mr. PALLONE) the face with a .. . look that says, ‘‘Talk to divorce or end all crime, but if we is recognized for 5 minutes. me, man.’’ could greatly downsize government and (Mr. PALLONE addressed the House. For 71⁄2 years before I came to Con- decrease its cost, we would greatly His remarks will appear hereafter in gress, I was a criminal court judge try- strengthen the family. If we could sub- the Extensions of Remarks.) ing primarily the felony cases. The stantially decrease the government’s f first day I was Judge, I was told that 98 budget, we could increase the family’s The SPEAKER pro tempore. Under a percent of the defendants in felony budget. Many more families would stay previous order of the House, the gentle- cases came from broken homes. together; and parents, whether single woman from Washington, Mrs LINDA I went through thousands of cases or married, could do far more for their SMITH is recognized for 5 minutes. and read over and over again, ‘‘Defend- children. It is no accident that when H1838 CONGRESSIONAL RECORD — HOUSE March 31, 1998 government was much smaller and done so, let me assure you that nothing Mr. Speaker, I also am very saddened took far less of our incomes, there was has been left out. by the lack of acknowledgment that all far less divorce and far fewer broken Again, might I quote this statement? of us should regret slavery, whether we homes than today. It says, ‘‘Going back to the time before live on the continent of Africa or I think it is obvious that serious we were even a Nation, European whether we came here in the bottom of crime would go way down if we made Americans received the fruits of slave the belly of slave boat, as my ancestors government much smaller and let fam- trade, and we were wrong in that.’’ did, or whether we are of European de- ilies keep more of what they earn. As the author says, and once you scent. Unfortunately, we will see even more seri- have done so, reading it twice, as I The statement by the President was ous crimes committed by children if we con- have done, let me assure the Members not one, I believe, of a flower child; it tinue to see broken homes at the rate of the that nothing has been left out. There it was that of the President of the United past several years. is, a bland statement of regret. Yet, States of America, the leader of the One last thing, Mr. Speaker, is the fact that the august majority whip of the House free world, acknowledging an era in all acts of violence and other very serious prob- of Representatives, THOMAS DELAY, of our history which we would like to lems have become much more frequent since blasted the President for what he said forget or at least acknowledge that it prayer and Bible-reading were taken out of the in Africa. was a bad time for all of us. schools. ‘‘Here is a flower child with gray hair Mr. Speaker, I hope that we in the There has been much national publicity doing exactly what he did back in the United States Congress can recognize given to the study that showed the most seri- sixties,’’ DELAY said, referring to Clin- that an apology is simply that, an ac- ous problems in schools in the 1940s were ton’s antiwar activities, according to knowledgment of something that hap- things like chewing gum and talking in class, Richard Cohen’s column. ‘‘He is apolo- pened that was wrong. I have always while today teachers have to deal with guns, gizing for the actions of the United taught my children, and I was always knives, drugs, violence, and so forth. States.’’ taught, that a simple apology goes a I know that most children, on most days Not exactly. Clinton did not say any- long way. And that it is. probably did not listen when we had prayer thing about the United States, al- Of course, President Clinton did not and Bible reading in the schools. though he certainly could have. Slav- make an apology; he simply expressed But you never knew when some child might ery, after all, was not ended until the regrets. And all of the press and the have come to school hurting in some way be- Civil War and the capitulation of the media and the recordings of what he cause of a problem at home or something else said simply acknowledge a regretful confederacy. and who might have been helped by a prayer period in the history of America and or a particular Bible verse. b 1845 Africa. Also, it sent a daily message to our children Until then, it was legal in the State Mr. Speaker, I think it is time that that there was some chance of help when our of Texas for one human being to own we begin a healing process. There is problems got too big. Now, and for many another and to sell his or her children nothing wrong with simply admitting years, children do not and have not received if he so chose. Our colleague further that was a regretful time, a time we that message. objected that Clinton said nothing wish not to repeat. Once again, it would not solve all problems about the role of Africans, such as the f if we put prayer and Bible reading back in the chieftains in Uganda who were selling RELIGIOUS FREEDOM AMENDMENT schools, but it would help, and it would do blacks to slave traders. Others of an The SPEAKER pro tempore (Mr. JEN- much more good than harm. equally scholarly bent have noted that KINS). Under the Speaker’s announced f it was West Africa, not Uganda, that policy of January 7, 1997, the gen- supplied most of the slaves to the New PRESIDENT CLINTON’S REMARKS tleman from Oklahoma (Mr. ISTOOK) is ON SLAVERY World. recognized for 60 minutes as the des- The SPEAKER pro tempore. Under a This has not been limited, of course, ignee of the majority leader. previous order of the House, the gentle- to those in the United States Congress, Mr. ISTOOK. Mr. Speaker, I appre- for Patrick Buchanan added another woman from Texas (Ms. JACKSON-LEE) ciate the opportunity to visit with you is recognized for 5 minutes. bit of history, seemingly inaccurate and other Members of the House and Ms. JACKSON-LEE of Texas. Mr. and small in mind. He said, ‘‘When Eu- talk this evening about not just a piece Speaker, I think it is very important ropeans arrived in sub-Saharan Africa of legislation but something that is af- that I bring to the attention of this the inhabitants had no machinery, no fecting the way that we live in this House a very fitting commentary by written language,’’ he wrote. ‘‘When country, and what happens when a Richard Cohen, printed today in the the Europeans departed, most of them number of people who are quite unfor- Washington Post, March 31, 1998. It is by 1960, they left behind power sta- tunately intolerant of basic values in titled, ‘‘A Fitting Apology.’’ Might I tions, telephones, telegraphs, railroads, America got the court systems to go just share partially some of the com- mines, plantations, schools, a civil along with them and to start silencing ments made in this article? service, a police force and a Treasury. people who are trying to exercise free It starts off by saying, ‘‘Should Now with the Europeans gone, much of speech and trying to exercise their President Clinton now apologize for sub-Saharan Africa has reverted to right under the First Amendment of apologizing? It seems he should. His re- chaos.’’ freedom of religion. But unfortunately marks about the American role in the I am very delighted, as a Member of the First Amendment has been twisted slave trade, neither historically inac- the United States Congress who has against it. curate nor, you would think, all that had the opportunity in recent months Let me share, Mr. Speaker, the story controversial, have been denounced by to visit Africa, first with the presi- of a young man in Medford, New Jer- no less a personage than a key member dential mission of the gentleman from sey. His name is Zachariah Hood. Now of the House GOP leadership and New York (Mr. RANGEL) and recently he is 8 years old, but things began for mocked, nay, scorned, by pundits ga- with the President of the United him when he was in first grade. First lore. We are not, I take it, sorry about States, that history tells us dif- grade, boy, that is a joyful time. I have slavery, a rhetorical question. ferently. got five kids. They are in college and ‘‘Clinton’s words are worth setting First of all, sub-Saharan Africa is an high school now, but I recall the life down in their full unremarkableness.’’ emerging 48 nations, along with the 53 and the energy and the vigor of a first As the author says, quoting Presi- nations of the continent, that is quite grader. And especially when they get a dent Clinton, ‘‘Going back to the time progressive. And frankly, the coloniz- chance to do something on their own in before we were even a Nation, Euro- ers who came did not leave Africa in the class, to be in charge of the class, pean Americans received the fruits of such good repair. I am delighted that even for a few minutes. slave trade, and we were wrong in this Congress passed, with the support Well, Zachariah Hood was in first that.’’ of Speaker NEWT GINGRICH, the African grade in Medford, New Jersey, and the You may want to read that state- Growth and Opportunity Act that will class had a reading contest and who- ment a second time, and once you have recognize Africa as an equal partner. ever won the contest would get to read March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1839 a story to the class. Not only that, of church and State, and it was prohib- The boy’s family filed suit in June 1996. they could pick the story they wanted ited by the very First Amendment ‘‘I never expected it to become a lawsuit,’’ to read. which was enacted by our Founding the boy’s mother, Carol, said. ‘‘We are not religious fanatics. We are very normal. We Little Zachariah was happy and he Fathers to protect us. are mainstream, religious people.’’ won the contest. Zachariah got the What kind of malarkey is this, Mr. The Rutherford Institute—the conserv- right. He was going to read a story to Speaker, when the First Amendment ative organization representing Paula Jones his classmates and he proudly brought that is supposed to protect faith in in her sexual harassment lawsuit against his own book to school to read a brief America is being used as a weapon President Clinton—is paying the family’s story. Now, Mr. Speaker, I want to against it? legal bills. The institute is pressing this case as part share the story that he wanted to read, Now, I have here, Mr. Speaker, a of its strategy to clarify the religious expres- because, Mr. Speaker, he was told he copy of the story that the Associated sion permitted in public schools, said Kim could not do it. When the teacher saw Press ran on this from the newspaper Hazelwood, eastern regional coordinator. the book that he brought in and the in New Jersey, the Star Ledger, which ‘‘We’re finding that there’s a lot of confu- story that he wanted to read, the was printed January 29 of this year. I sion around the country on what the bound- teacher told him, ‘‘Oh, no, the Con- provided a copy to the Clerk, Mr. aries are,’’ Hazelwood said. ‘‘This case shows Speaker, and I submit it for inclusion that there are still individual students whose stitution does not let you read this at religious speech is being restricted.’’ public school.’’ in the CONGRESSIONAL RECORD: Zachariah left the school district shortly The book was called The Beginner’s MEDFORD FIRST-GRADER’S BIBLE STORY STIRS after the incident; the family moved to near- Bible. It was not the King James, it A BATTLE OVER RELIGIOUS RIGHTS by Lumberton, for reasons related to the was not the Revised Standard or any (By Melanie Burney) lawsuit. The lawsuit, which names state and local other edition. It was just a book for The case of a New Jersey boy barred from school officials, seeks unspecified compen- kids telling some Bible stories, and reading a Bible story to his first-grade class satory damages from the school board. It is bound for a federal appeals court as the this is the story that he wanted to read also calls for a new policy to ‘‘protect stu- battle continues over religious expression in and he was told was unconstitutional. dents who present religious views.’’ Mr. Speaker, the story is about Jacob public schools. The lawsuit centers on whether the Med- Mr. Speaker, I think it is really im- and Esau and here I quote from it. I ford elementary school teacher violated the portant that people be able to look at quote it in its entirety: 6-year-old boy’s First Amendment rights. this and think upon it and ponder. Jacob traveled far away to his uncle’s U.S. District Court Judge Joseph H. Rod- What has the Supreme Court done? house. He worked for his uncle taking care of riquez in Camden ruled last month that the Think about something as simple as sheep. While he was there, Jacob got mar- teacher was justified and school officials the Ten Commandments. The decisions ried. He had 12 sons. Jacob’s big family lived acted appropriately. the U.S. Supreme Court has made have on his uncle’s land for many years. But But an attorney for the boy’s family, Jacob wanted to go back home. backed by the Virginia-based Rutherford In- not just been against prayer in public One day, Jacob packed up all of his ani- stitute, filed an appeal Tuesday with the 3rd schools, but they said that the Ten mals and his family and everything he had. U.S. Circuit of Appeals in Philadelphia chal- Commandments cannot be posted on They traveled all the way back to where lenging the lower court ruling. the walls of the public school. Esau lived. Now, Jacob was afraid that Esau While prayer in school has been barred for Here in the House Chamber we have, might still be angry at him, so he sent pre- decades, court rulings have allowed some re- and I am facing it right now, we have sents to Esau. He sent servants who said, ligious expression in schools. U.S. Depart- the image of Moses where we can see it, ‘‘Please do not be angry anymore.’’ But Esau ment of Education guidelines also permit and it reminds us of Moses as the great was not angry. He ran to Jacob. He hugged students to express their religious beliefs in lawgiver because he brought the Ten and kissed him. He was happy to see his some circumstances through homework, art- brother again. work and other assignments. Commandments down from Mount Sinai. In fact, the U.S. Supreme Court Mr. Speaker, that is the story. I have ‘‘This case isn’t an attempt to argue that Bible-reading and prayer should be returned has a depiction of Moses and the Ten finished quoting it, the story about the to school or anything of that sort,’’ said at- Commandments on the wall in the reunion of Jacob and Esau. Esau, of torney F. Michael Daily of Merchantville, chambers, the official chambers of the course most of us know, had previously who filed the appeal. . . . This case is really U.S. Supreme Court. sold Jacob his birthright for a bowl of one of trying to obtain some equilibrium in We have right above your head, Mr. pottage. And Zachariah Hood just religious rights of students. Speaker, ‘‘In God We Trust,’’ which we wanted to read a story to his class- Some legal experts say the case could ulti- have on our coins and dollar bills and mately land before the U.S. Supreme Court mates about Jacob and Esau and the other places as a national motto. But reunion of two brothers. He thought to define the boundaries for religion in pub- lic schools. the U.S. Supreme Court said, ‘‘No, you that was a nice story, and I think it is ‘‘It’s potentially precedent-setting,’’ said cannot have the Ten Commandments too. Douglas Laycock, a professor at the Univer- either just posted on the wall of a pub- But the school system said, ‘‘Oh, the sity of Texas Law School in Austin. ‘‘I think lic school.’’ They did that in the case First Amendment will not let you do there’s a need to clarify.’’ in 1980 of Stone v. Graham, and their that.’’ They told him, ‘‘We have some- The controversy began in February 1996 reasoning they wrote in their opinion: thing called separation of church and when Zachariah Hood chose a story about Because if the Ten Commandments Jacob and Esau from The Beginner’s Bible to State.’’ I will comment about that in a were there, students might read them, minute, Mr. Speaker, about what that read aloud to the class. Students in the class were rewarded for good reading performances might revere them, and might obey really means. But the school said, ‘‘We by being allowed to read a story of their them. have separation of church and State choice. Zachariah initially selected Dr. Just think of what they would be and you cannot read in public school Seuss’ ‘‘The Cat in the Hat,’’ but decided it asked to obey, the values that are fun- this story out of your Beginner’s was too long. damental to us, commandments such Bible.’’ Teacher Grace Oliva instructed him to as, ‘‘Thou shalt not kill.’’ When we Zachariah’s parents were not real read the story to her privately first, and de- hear, Mr. Speaker, about the terrible happy. They sued the school. Now one cided it was inappropriate, said attorney thing that happened in Jonesboro, Ar- John Dyer, who represents the Medford would think over something like this Board of Education. kansas just last week, would we not the kid ought to win his case. He ought ‘‘Should a child be able to espouse a belief like to be free to teach our kids in pub- to be able to read a nice simple story at any time that child wishes in a first-grade lic school that it is wrong to kill? I about two brothers getting back to- classroom?’’ asked Dyer. ‘‘The answer that mean they do not get that message on gether. But no, the United States Dis- most people would say is no because the television. Why, why are some intoler- trict Court, basing it on rulings that teacher must retain control over the class- ant people trying to separate us from our Supreme Court has been making room.’’ our values by stripping out prayer, over the last 36 years, said ‘‘Oh, the ‘‘The problem is hard because the teacher stripping out references to religion or tells the kids you can choose anything you school is right. You cannot read that want and then it turns out there are some the Ten Commandments, or stripping story at public school.’’ The story that things you can’t choose,’’ Laycock said. out the reunion of two brothers from I just read they held was unconstitu- ‘‘Once you give kids a choice, discrimination our public schools, as happened to tional, that it violated the separation against religion is a real problem. Zachariah Hood, a first grade student? H1840 CONGRESSIONAL RECORD — HOUSE March 31, 1998 Mr. Speaker, trying to address this Ohio, Mr. Speaker, that is related to pression of faith. The religious freedom and similar decisions, sad distortions their State motto. We can say in God amendment will be on the floor of this of the First Amendment, is the very we trust as it does in the House Cham- House in the next few weeks. It has reason that over 150 Members of this ber as our motto. In fact, the Star- been approved by the Subcommittee on body have come together as cosponsors Spangled Banner states, in one of the the Constitution. It has been approved of the religious freedom amendment. It verses, and this be our motto, in God is by the House Committee on the Judici- is a constitutional amendment, Mr. our trust. Ohio, as its State motto, ary. Speaker. We revere the U.S. Constitu- makes a similar reference. But unfor- This is the first time that a school tion. I hold it as a sacred document. tunately it is being sued to take it prayer amendment has been approved But the U.S. Supreme Court has twist- away. by a committee of Congress, even ed it beyond recognition. The motto is simply, with God all though the decision against voluntary prayer in public schools was rendered b things are possible. That is it. Pretty 1900 straightforward. Pretty simple. But by the U.S. Supreme Court back in The first amendment, the very first the ACLU does not like that, the same 1962, 36 years ago. We have not had a part of it says Congress shall make no people who are bringing the lawsuits vote in this House on a proposal like law respecting an establishment of re- against school prayer, against the Ten that for 28 years. Even then it took ligion or prohibiting the free exercise Commandments, against all sorts of some special maneuvering to get it thereof. It does not say you have to simple, nonthreatening references, to around the committee process. strip away religious references in our strip away, to censor them; they are I am appreciative of the Judiciary society. It does not say you cannot suing Ohio. They are suing West Vir- chairman, the gentleman from Illinois have prayer. It does not say you cannot ginia to stop prayers at football games. (Mr. HYDE), who has helped to shepherd refer to the Ten Commandments. It They are suing to take things off of it through and get it to where now we are about to have an historic vote. just says we will not have an official city seals and logos. They will get Mr. Speaker, it is long overdue that religion. We will not have a govern- around to our currency in God we trust ment-designated religion in the USA, we address the problem of court dis- at one time or another, I am sure, but, crimination against religion. Mr. but we are going to have religious free- Mr. Speaker, the standard ought to be dom. But we are caught in a Catch 22, Speaker, I think that as we do this, we pretty straightforward and simple. need to focus on the fact that we are devised by the court. If you try to exer- You do not compel anybody to par- doing this because the American people cise freedom of religion on public prop- ticipate, just like when we have the have never accepted what the Supreme erty, you are told, no, we are saying pledge of allegiance at school, nobody Court did. I have a collection of 36 that is the same as establishing a na- is compelled to join in. The U.S. Su- years of public opinion polls and con- tional church, and we are going to stop preme Court has given them that right, sistently three-fourths or more of the you. and I agree with that decision, but let American people say, yes, we support a And you have this debate that goes us apply the same standard to school constitutional amendment to make it on about taking away our heritage. I prayer to say nobody can be compelled possible to have prayers in public want to share with you, Mr. Speaker, to participate, but that does not give schools again. If you ask them to, if the religious freedom amendment. The you the right to censor those that do you go to another question, you say, full text, it is pretty straightforward, want to participate. That is fair. It well, what about songs around, dare I we tried to track what the first amend- protects minority and majority. say it, around Christmastime, because ment really said and really intended That is what the first amendment is some schools do not even want to call and followed that as our pattern, but at supposed to do, to protect all of us. I them Christmas pageants they have the same time reversed the distortions think it is fascinating that some people anymore. They are winter programs. that the U.S. Supreme Court has made think the first amendment is only And you will find places where you can of it. meant to protect them, but no one else, go that they will say, you can sing The religious freedom amendment, and it is to protect their right to be in- Frosty the Snowman, you can sing House Joint Resolution 78, simply tolerant and not my might to express Walking in a Winter Wonderland, you states, to secure the people’s right to my faith or the rights of children who can sing Here Comes Santa Claus, but acknowledge God according to the dic- want to start the day with a simple you better leave out Silent Night and O tates of conscience, neither the United prayer, not because they are compelled Come All Ye Faithful. States nor any State shall establish by the school, the school should not The religious freedom amendment any official religion, but the people’s compel them to do that. But if the stu- says that is an expression of religious right to pray and to recognize their re- dents say we want to start the day heritage or tradition. That ought to be ligious beliefs, heritage or traditions with a prayer, why not? If someone permitted, whether it is a Christian on public property, including schools, does not want to join in, they do not song or it is a Jewish song or that of shall not be infringed. Neither the have to join in, but why tread on the another faith, let people understand United States nor any State shall re- rights of those who want to start the that there is faith as a normal part of quire any person to join in prayer or day at school the same way we start life. We may have some differences other religious activity, proscribe the day here in the Congress of the among us, some people may pray dif- school prayers, discriminate against United States, with a prayer; the same ferent ways. Let them hear each other religion or deny equal access to a bene- way that the Oklahoma legislature and pray different ways. Let them be aware fit on account of religion. probably every legislature in this coun- that beyond the differences and even That is it, Mr. Speaker. That is the try opens every day, with a prayer; the more important than the differences is positive statement of our rights and way that city councils begin their a unity, a unity and a belief in God. the protection against government try- meetings, with a prayer; the way that The Declaration of Independence states ing to create a national church or try- Rotary Clubs will start their meetings, that belief. ing to compel people to pray or tell with a prayer, or Kiwanis clubs or The founding document of the United them how to pray or what to pray, but Chambers of Commerce or Boy Scouts States of America says, we hold these to secure our rights, which have been or Girl Scouts or whoever it might be? truths to be self-evident that all men stripped away systematically by these It is common. It is ordinary. It is good. are created equal, that they are en- series of decisions of the U.S. Supreme It is positive. Yet we have intolerant dowed by their Creator with certain Court, rights that have not just af- people saying, oh, it is horrible. It of- unalienable rights; that among these fected me and my family, but Zacha- fends me to hear you pray. are life, liberty and the pursuit of hap- riah Hood, the first grade student of Mr. Speaker, I think the problem is piness; that to secure these rights gov- New Jersey, and his family and people with the person that chooses to take ernments are instituted among men. all around the country. offense, not with the person that Our Founding Fathers wrote the very Mr. Speaker, it is really sad to see chooses to express hope. Unfortu- reason for government is not to create and hear about the things going on, nately, our courts have sided with rights or to establish rights, but to pro- like in Ohio, there is a lawsuit now in those who want to suppress simple ex- tect, to secure the rights which come March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1841 to us from our Creator, from God. Is ton, as he established the tradition not understand. Because if they under- that taught? It is in the Declaration of when he wanted to put his hand on the stood them, they were immediately Independence. Yet some people are tell- Bible to be sworn in as the President of and constantly and consistently in vio- ing us that that is not a proper teach- the United States, he wanted the docu- lation of them. And then in the 1960s ing these days. ment, the book that he based his faith and the 1970s and 1980s and 1990s, we Mr. Speaker, I yield to the gentleman on to be the basis for the beginning of further and further move away from from Missouri (Mr. BLUNT). that administration. And that has be- those principles that are so basic and Mr. BLUNT. I thank the gentleman come obviously part of our tradition, were so easily understood for so long in for yielding. As I am sitting here lis- that we swear not only before God as America. tening to your great explanation of the people become President of our coun- Mr. JONES. Mr. Speaker, will the need for this amendment, it occurs to try, but we swear with a binding com- gentleman yield? me that there is not a single thing in mitment to what they have based their Mr. ISTOOK. I yield to the gen- this amendment that was not thought faith on as we use the Bible. tleman from North Carolina. to be commonplace, that was not As you have pointed out already, not Mr. JONES. Mr. Speaker, there is thought to be absolute, that was not only the first Congress, but every day something that the gentleman from thought to be definite for the 175 years of every Congress since then, as far as Missouri (Mr. BLUNT) was making com- after the Bill of Rights became part of I know, and certainly every day of the ment about; and I certainly appre- the Constitution. Congress since I have been here, we ciated his going from the beginning of Certainly, when you look back at the start with ceremonies that would be a this country, which was founded on Founding Fathers, the men, and they violation of high school graduation. We Judeo-Christian principles, to the time happened to be men at that time, we start every day with ceremonies that that we are here tonight and talking would have women if we had a con- then we turn, by ignoring this problem, about the good things that those of us who believe strongly in the right to stitutional convention today there, but we turn to people all over America and practice our religion freely, which this those people who were in Philadelphia, say, we are certainly not going to start as you look at their debates, as you Constitution guarantees us. a day of the Congress without time to But one thing that my colleague was look at their discussions, it is so clear pause, time to meditate, time to ask that they understood, Mr. ISTOOK, the saying that really rang up there with the Chaplain or a guest Chaplain to me is that it is so tragic in this Nation difference in separation of church and come in and pray, but we are not really State and removing God from country. today where I believe the Justice De- going to stand up and make it clear partment reports that 100,000 young In fact, in comment after comment that you should be able to do that, too. that Washington and Franklin and oth- people bring guns to school every day. I think that the Capitol, most Ameri- I want to repeat that. 100,000 students ers make, it is so clearly an interwoven cans would sense that we were in a part of what they thought was abso- bring guns to school every day. Yet very public building, that we were defi- those same students, and please correct lutely essential that we not eliminate nitely in a tax-supported and, most me if I am incorrect, those same stu- God from country, that in the furthest people would probably say, tax-sup- dents cannot bring a Bible to the reaches of their imagination, the inter- ported in excess institution, as we are school but yet they can carry guns. pretation of the documents they here in the Congress and in the Capitol. Mr. ISTOOK. Reclaiming my time, I worked on that has happened in the And we start each day with that pray- would say to my colleague that, fortu- last 5 years by the courts would not er. nately, few schools try to actually ban have been thought to be even remotely As I think you also pointed out, the the Bible, although there have been possible. Speaker looks directly in front of him cases of it. At this point, the courts When you look at Washington’s com- and sees Moses, the lawgiver. The Su- have not gone so far to say the student ments that religion and morality are preme Court sets under the carving of cannot bring a Bible to school. the key cornerstones for a democracy, the lawgiver, of Moses, the giver of the But the test, of course, is not how when you look at John Adams’ com- Ten Commandments and decides we many rights do we have left. The test ments when he, I think he was the min- cannot put those same commandments is how many rights have already been ister, the Ambassador to Great Britain, on a schoolhouse wall if the school taken away from us. Because if that he saw the Constitution for the first board wants to. How contradictory student, with or without a Bible, says time, and as he wrote back his observa- could you be? How can the court do we want to have a prayer at graduation tions about the Constitution, he said, that without asking that somebody or a football game or school assembly surely this is a document for a godly come in and sandblast the lawgiver, or to start the day in class, they are people because it will serve no other. It that very reference to the Ten Com- told, oh, no, someone might not want was not the kind of document that mandments, sandblast that off their to hear it. could work in a society that did not wall. Mr. JONES. If the gentleman would have a basis and belief, and faith and further yield for just a moment, and I b 1915 belief in God. But they did not want to want him to correct me if I am wrong. really determine what faith or what If they are going to say that some Is it not true that in Texas, and I for- God that was. school can’t hang that on the wall for got the town, somewhere around Gal- From the heritage that they were fear that the students who walk by it veston I believe, a couple, 3 years ago, coming out of, where many of the colo- every day might begin to emulate that a Federal judge actually told the nies had had a State-supported church, those commandments, might begin to principal of a school that if during the it was clear what they wanted the first think, well, you know, maybe stealing graduation that the person giving the amendment to do. It was clear what and killing and lying is wrong. prayer would use the name Jesus that that immediate addition to the Con- Our society, our laws are based on if that was going to be done that the stitution was all about. Not to elimi- those very premises. And, really, all judge would order that U.S. marshals nate God from country, not to elimi- the amendment that I was pleased to be stationed at the school and the per- nate religion from society, but in fact cosponsor with my colleague, along son that used the word Jesus in a pray- to say, we are not going to have a with many others in this Congress, all er would be removed? Am I correct or State-sponsored church. We are not this does is get us back to where Amer- incorrect in that? going to use tax money to support one icans from 1787 until the 1960s thought Mr. ISTOOK. I wish I could tell my religion over another. We are going to without question we could and should colleague that he is incorrect; but, un- be sure that all religions can freely be in our Nation be. This is just going fortunately, he is correct. The high expressed, can freely be established in back and clarifying something that no- school, I believe, was Ball High School this country. body had a problem with for 175 years. in Galveston, Texas. And then if you look at right away But somehow, in our sophistication, I read the transcript of the judge’s what happens, as the government is somehow in our higher view of things, remarks because of an appellate deci- founded, you see that religion is part of we figured out what the people that sion, which is still subject to the Su- that, that God is part of that. Washing- drafted these documents apparently did preme Court’s changing. But at that H1842 CONGRESSIONAL RECORD — HOUSE March 31, 1998 time, because of an appellate decision, Houses and Senates and Assemblies, as an authoritative source for what the he felt that he had to honor their re- they are called, in the various States. first amendment really intended to do quest to let them have a prayer at That is the process. That is the proc- and to look for some guidance on this graduation, but he started putting lim- ess we are following with the religious catch phrase that is used often without itations on it saying, if anyone men- freedom amendment. I would like to thinking, this catch phrase that says, tions Jesus, I will have the U.S. mar- point out that that is the process that ‘‘separation of church and State,’’ what shal there to arrest them. has been followed several times when does it mean, why do we not choose for So he was telling them, you know, I the U.S. Supreme Court had a distor- our authority the Chief Justice of the am going to tell you how to pray. And, tion that Congress thought was nec- United States Supreme Court, William unfortunately, most of the court deci- essary to correct. Rehnquist? sions, including the U.S. Supreme The 11th amendment to the Constitu- I am not talking about the Chief Jus- Court decision in 1992, said we should tion was to overturn a U.S. Supreme tice 200 years ago. I am talking about not have prayers at graduation. That Court decision about whether States the one today that, as part of his work, was the Lever v. Weisman case, which could be sued in Federal courts by citi- has gone through and studied it. And in came out of Rhode Island. zens of other States. And the 14th one of the official decisions, and he was So the gentleman is correct that amendment, the first portion of it, was a dissenter in this decision, but he they are saying we should not have intended to overturn the Dred Scott talked about this; and that was the 5– prayers at graduation. They are suing decision, which had held that African 4 decision that came down in 1985 in West Virginia now over prayers at foot- Americans, whether slave or free, could the case of Wallace v. Jaffrey, where ball games. There are other lawsuits not become citizens of the United the U.S. Supreme Court said that for a going on. There are still some schools States. So the 14th amendment was a State to permit a moment of silence, which, frankly, have students practic- constitutional correction of a U.S. Su- for a State to permit a moment of si- ing civil disobedience, that they are preme Court decision. The income tax lence in public schools was unconstitu- having prayers during school instruc- amendment involved changing a U.S. tional because it could be used by stu- tional hours, basically because the Supreme Court amendment. That was dents to say a silent prayer. ACLU has not gotten around to suing the 16th amendment. That is how outrageous the decisions them yet. So this is the process that has been have gotten. It was a 5–4 decision of the I will make some more comments on followed in other cases. Also, the 26th Supreme Court. And Justice this, but I would like to hear more amendment, to make 18 the voting age. Rehnquist, in commenting about what from the gentleman from North Caro- They are all responses to decisions of the other Justices were doing, wrote lina (Mr. JONES). the U.S. Supreme Court. So, too, the about this term ‘‘separation of church Mr. JONES. Just one more question religious freedom amendment is in re- and State.’’ while my colleagues are standing here sponse to a number of decisions of the I want to tell my colleagues what to talk about this issue. U.S. Supreme Court. Chief Justice Rehnquist said. He said, Is it not true that a constitutional We may want to detail some of those the term ‘‘separation of church and amendment, as my colleague said in in a minute and how this affects some State’’ has caused a ‘‘mischievous di- his earlier remarks, certainly the Con- of those decisions. But it is responding version of judges from the actual inten- stitution is like the Bible. It is sacred. to the anti-prayer, anti-Ten Command- tions of the drafters of the Bill of It guarantees our right to practice our ments, anti-nativity scenes, and anti- Rights. The wall of separation between freedom, which, again, religion to be graduation prayer and similar deci- church and State is a metaphor based practiced freely. If the Constitution is sions by the U.S. Supreme Court. We on bad history, a metaphor which has to be amended, if it passes the House, are following the process set up by the proved useless as a guide to judging. It and I want my colleague to touch on Founding Fathers. should be frankly and explicitly aban- this, and the Senate, then it goes back Mr. JONES. I want to thank the gen- doned.’’ to the States. Would the gentleman tleman very much for his leadership Those are the words of the Chief Jus- briefly explain that process for those and to tell him that many people in the tice of the U.S. Supreme Court, who that might be watching around this Third District of North Carolina are wrote them just right across the street country so they know that they will very pleased that he, along with many from this building as part of an official actually have the final say through of his colleagues, some here tonight, opinion. Why? Because he studied it. their legislative process? have fought on this issue. We hope and And, as he said, ‘‘The evil to be aimed Mr. ISTOOK. Certainly. we pray that we do have a debate this at, so far as its drafters were con- The Founding Fathers, in their wis- year on this floor dealing with trying cerned, appears to have been the estab- dom, understood there could be some to clarify our constitutional rights to lishment of a national church and per- problems that would require somebody practice our religion. haps the preference of one religious who misinterpreted the Constitution, Mr. ISTOOK. I very much appreciate sect over another. But it was definitely as the Supreme Court has done. So the comments of the gentleman from not concerned about whether the gov- they created within the Constitution a North Carolina. ernment might aid all religions mechanism which is a constitutional Before recognizing another colleague, evenhandedly.’’ amendment, which has been used a I would like to elaborate a bit on some- So I take no less authority than the couple dozen times in this country; and thing the gentleman from Missouri Chief Justice of the U.S. Supreme it is a very straightforward mecha- (Mr. BLUNT) brought up, which was the Court to say that that term has been nism. There is an alternate one with Founding Fathers’ intent. used to twist and distort the real conventions. He talked about George Washington. meaning and the real intention of the But basically it says, two-thirds of A lot of people do not know that the first amendment. The religious free- the House and two-thirds of the Senate day after the first amendment was ap- dom amendment follows what Justice approve a constitutional amendment. proved by the Congress, Washington Rehnquist said was the actual inten- Then it goes to the States for ratifica- asked Congress to declare a national tion and should still be the actual in- tion. Three-fourths of the States must day of prayer and fasting. Obviously, tention of the first amendment had it ratify that amendment. Now, they do he did not think that was inconsistent not been corrected. not need a two-thirds vote in each of with what Congress had just done, be- Mr. Speaker, I yield to the gentleman those States. They only need a simple cause they turned around and they ap- from California (Mr. CAMPBELL). majority. But it is done through the proved a day of prayer and fasting. Mr. CAMPBELL. Mr. Speaker, I am legislatures. In fact, when we talk about the in- grateful to my friend for yielding. I had We notice there is no official role of tent of the Founding Fathers, I know a few remarks in response to the gen- the President or of the governors of the different people say, well, Thomas Jef- tleman’s points, but I wish to begin by State. It is done by the House and the ferson said this and that. Of course, he commending him for the thoughtful re- Senate of the Congress, and then it did not draft the first amendment. He search that he has put into this resolu- goes to the State legislature for the was not there. But if we want to go to tion and into this draft. March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1843 First, though, let me just observe, as right to express himself in this case by I wrote the IRS. I said what is this the gentleman from Oklahoma ob- wearing a black arm band. about, telling people that in their own serves quite accurately and also the I can only speculate, but suppose the desk that they cannot have these? This gentleman from Missouri observes, the student wanted to wear a cross or is part of their personal effects out Supreme Court sits in a building with wanted to wear a yarmulke or wanted there. The IRS wrote back and they the symbols of Moses and the Ten Com- to wear another symbol of his or her said items which are considered intru- mandments. particular faith, if engaged in this con- sive, such as, and I am quoting by the I had the very great honor to serve as duct on government property, would way, ‘‘items which are considered in- a law clerk to Mr. Justice White on the the Court say that this is impermis- trusive, such as religious emblems or United States Supreme Court. And sible, when the Court said that the sexually suggestive cartoons or cal- every day when we opened argument, school district could not prevent the endars’’ had to be controlled and re- the Supreme Court began in the follow- individual from expressing his point of stricted. They have placed religious ing manner: ‘‘Oyez, oyez, oyez. All per- view about the Vietnam war? speech in the same category as pornog- sons having business before the honor- If that is so, then we have created raphy, requiring not only restriction able, the Supreme Court of the United not a protection against the establish- but prior restraint by the government. States are admonished to draw near ment of religion, but we have created a That is the danger. I wanted to share and give their attention, for the Court discrimination against religion. Then that with you. is now sitting. God save the United the expression of religion is in a lower Mr. CAMPBELL. Mr. Speaker, I ap- States and this honorable court.’’ status than the expression of a politi- preciate the gentleman yielding addi- Now, if those exact same words were cal point of view. tional time to me to comment. said by a high school valedictorian in Mr. ISTOOK. Mr. Speaker, if the gen- Mr. ISTOOK. Certainly. her commencement address, I take it tleman would engage in a dialogue on Mr. CAMPBELL. The examples you that at least some Federal judge would this, because you are exactly right, you give are most disturbing. I would add say, ‘‘Impermissible because you have are right on target, I believe, with your to them a case with which the gen- asked God’s blessing on government’s analysis, because religion has been rel- tleman is familiar. It never went to the egated to a category of speech which property.’’ Supreme Court, but a teacher assigns must be controlled and limited, be- his class a moment, several minutes to b 1930 cause supposedly it carries some dan- read an assignment, during which he It must be remarkably ironic for the ger or some threat. reaches into his valise, produces a Supreme Court to deal with this issue, You are familiar, as an attorney, Bible, reads from the Bible; when the with a number of cases where the U.S. knowing that the very day they began time is up, closes the Bible and puts it Supreme Court has said, even though the argument they invoked God’s bless- back into his valise. Had he been read- the First Amendment states an abso- ing on their proceedings. ing the Wall Street Journal, it would lute right of free speech, that does not The second point I wanted to share, not have been an issue. Had he been give you the right to incite a crowd to the gentleman from Oklahoma (Mr. reading Das Kapital, it would not be an rebel against the government or to en- ISTOOK) has been quite scholarly in his issue. But because he was reading a gage in libelous and slanderous com- research of the Constitution and the Bible, it became an issue of disciplin- ment or to yell ‘‘fire’’ in a crowded the- fact that we have amended it many ing that teacher for having done so on times in response to Supreme Court ater and so forth. So, too, we have some limits on free school property. opinions, that one must be thoughtful I would like to, if the gentleman one does not do this lightly. But the speech, but we also have freedom of re- ligion. They have placed expression of would allow me, to draw particular at- process is such that it cannot be done religion, prayer and similar things in a tention to the phraseology of the lightly, requiring, as it does, the two- category that does not have the same amendment that he has drafted. A thirds approval of the Senate, excuse protection as you mentioned of wear- number of people of goodwill are con- me, of the other body, of the House of ing a black arm band. cerned that the gentleman is amending Representatives, and then three-quar- There may be some other students in the First Amendment, and they hold ters approval of the various States. class who say, ‘‘I am offended by your the First Amendment in high esteem Then, in addition to the amendments wearing of a black arm band,’’ but that and veneration; one might almost say that the gentleman raised which were does not give them the right to censor almost as a religious matter. in response to the Supreme Court opin- the other student. But if the student The care with which this amendment ions, I do not know if you mentioned, says, ‘‘I am offended because they offer is drafted, however, surely should reas- but the 16th belongs there as well, the prayer,’’ then the Supreme Court sure them that we are not undermining when the Supreme Court had said the says, oh, well, in that case, we are in the slightest the protections against Congress could not constitutionally going to say you cannot do it. the government establishing religion. impose a tax on incomes. There are The U.S. Supreme Court has passed All the gentleman’s amendment does is some of us who might have wished that decisions protecting the Nazi swastika. to say that conduct which would other- that decision of the Supreme Court They have passed decisions protecting wise not violate the First Amendment, stood forever, but it was reversed by an the burning of a cross. The case I am establishment of religion, shall not be amendment to the Constitution to per- thinking of, the swastika, it was where deemed to violate the First Amend- mit the income tax as well as all of the the American Nazis were wanting to ment because it happens to occur on other examples that the gentleman march through Skokie, Illinois, a Jew- government property. raised. ish community with a number of Holo- So if the school says, this is the pray- Thirdly, there is a most remarkable caust survivors. The U.S. Supreme er we will say violates the First difficulty in consistency with the Su- Court said no, free speech, no matter Amendment, and the Istook amend- preme Court’s teaching on free speech. how insulting or horrible you may see ment would not change that, if the Tinker v. Des Moines is a case that it to be, they still have their right of school says there shall be only Chris- speaks to conduct in schools. I am sure free speech. But when it comes to reli- tian prayer, it violates the First that the gentleman remembers, I cer- gious expression, they have said, oh, it Amendment. But if a student in the tainly do, during the Vietnam war a is okay, you can suppress it. lunch hour says we would like to have number of students in the Des Moines In your State of California, the Inter- a group of Christian students who wish school district were interested in ex- nal Revenue Service, one of its big dis- to read the Bible at this corner of the pressing their opposition to the Viet- trict offices is Laguna Niguel. I have lunchroom, it would not be struck nam war by wearing black arm bands. got a copy of the memo that was cir- down simply because it happened on The Supreme Court not only held that culated to the employees of the IRS government property. That is a very the wearing a black arm band was a saying you cannot have in your desk or essential but a very narrow change. form of speech, but that it could not be your personal work space a Bible, a I suspect, without knowing, that the prohibited by the local school board, picture of Christ, a cross, a Star of gentleman probably took some grief that the individual student had the David, or other religious symbols. from his friends, from our friends, on H1844 CONGRESSIONAL RECORD — HOUSE March 31, 1998 this debate for not going far enough. And for the support of this declaration, Then we go about our public business Let me commend him for being very with a firm Reliance on the protection of Di- as if the 2 percent or the 3 percent that careful and guiding his direction in vine Providence, we mutually pledge to each have questions about the existence of other our lives, our Fortunes, and our sacred this amendment just to the situation Honor. God should determine the way the rest where the location of speech that of us approach these topics. Those con- Just as they began the declaration would otherwise not violate the First stitutions reflect that every time with an invocation to God, they con- Amendment becomes the issue. Americans are polled. That is clear. cluded it with an expression of firm re- So it must be action of the individ- Americans believe that there is a liance on the protection of Divine ual, not the government, as it was in Creator. Certainly, if we approach our Providence. Surely it would confound the case of that student giving her val- public business as if there is a Creator, every one of them to think that the edictorian speech. It must be action we are going to approach public busi- Lord’s name could not be expressed by that would not establish religion or ness differently than if we believe that individual citizens on government choose between religions. But the mere all this is some bizarre accident, that property. fact that it occurs on government prop- I do believe that if the Supreme these are not creatures of God indeed, erty would not make it impermissible Court interpreted the Independence but these are some accidental collision any more than it is against govern- Hall to be government property in of protoplasm that have resulted in ment, it should be against the First Philadelphia in 1776, they would have somebody who has become a person on Amendment for me tonight to invoke been hard-pressed to strike down this the street. the Lord’s name on behalf of the cause invocation to the Deity. I applaud the b 1945 that we both defend. gentleman’s effort. Americans believe in God. This Mr. ISTOOK. Mr. Speaker, if the gen- Mr. ISTOOK. I thank the gentleman tleman would yield a moment, and let amendment allows that to be expressed from California. Mr. Speaker, I would in whatever way they want to express us look at this specific example of note, too, that it is not only the it, and I would just also like to point prayer in public schools. It should not Founding Fathers of the country as a out that the work that you have done be the role of a principal or a teacher whole that were so desirous of making on this has been so well received that to say we are going to have prayer at sure that we expressed our reliance the groups, among many other groups school or prayer to start the school day upon God for our rights and for our val- that support, those groups would in- or football game or whatever. But if ues that we teach to our children and clude the American Conference of Jews the students are saying, and it could be want to pass on from one generation to and Blacks, the Catholic Alliance, the individually, it could be collectively, another, it was not just those who Concerned Women of America, the are saying we want to have that, then founded the United States, but also International Pentecostal Church of the government is in the position of ac- those who have served as Founding Fa- Christ, the Jewish Union, the Salva- commodating that. thers of our different States have seen tion Army, the Southern Baptist Con- So we have here the language that fit to incorporate language into our vention, the Traditional Values Coali- says the people have a right to pray. State constitutions that acknowledges tion, the U.S. Family Network, a broad The government does not prescribe it. our reliance upon Divine Providence. It does not prescribe it. It does not say For example, the different State con- base of groups that find many topics you must have the school prayer. It stitutions, each and every one of them, frankly that they do not agree on, does not say what the content has got all 50 States include an express ref- agree that this amendment gets us to be. So the government does not pre- erence to God within their State con- back to what the Constitution was in- scribe it. But if the people exercising stitutions. I mention that to some who tended to say and allows, as our friend their right say we want to be able to say, why should we mention God in the from California has so well pointed out, have a prayer, we are required by law U.S. Constitution? Why have all 50 allows what is otherwise protecting the to be here at school all day, why should States seen fit to mention Him in Constitution to also be part of public we be isolated from what is normal just theirs? functions and public ceremonies, and I because we are required by law to be at For example, the State constitution am grateful to you for your leadership school. in Alaska states that its citizens are, on this and grateful to you for yielding U.S. Supreme Court Justice Potter ‘‘grateful to God and to those who me some time to join you tonight and Stewart wrote about that in some of founded our Nation in order to secure in every other effort you make in this these cases. He stated in a society that and transmit to succeeding generations regard. so structures a child’s life where at- our heritage of political, civil, and reli- Mr. ISTOOK. I appreciate the com- tendance at public school is compul- gious liberty.’’ ments of the gentleman from Missouri sory, if the child is required to be iso- In Colorado, their constitution in- and his very excellent insights that he lated from normal everyday religious cludes the phrase, ‘‘with profound rev- has expressed. I want also to express, influences, then religion has been erence for the Supreme Ruler of the Mr. Speaker, and I will not go through placed in an artificial and State-cre- universe.’’ The constitutions of Idaho, the whole laundry list of other organi- ated disadvantage. I think Justice California, Nebraska, New York, Ohio, zations that are supporting the reli- Stewart had it right. and Wisconsin all use this exact gious freedom amendment, but I would I would yield further to Mr. CAMP- phrase, ‘‘grateful to Almighty God for like to observe that one of them is, for BELL. our freedom.’’ example, the National Association of Mr. CAMPBELL. Mr. Speaker, I only It goes on. I have got a list of all 50 Evangelicals which represents some 48 have one final remark, although I am State constitutions and the different different denominations. more than happy to continue if the references to them. It is about time This is long overdue, Mr. Speaker, gentleman would like. You have been that we understand that we have had that we recognize that all the problems very gracious in yielding me time. Founding Fathers, and some of them in America are not solved by doing Mr. Speaker, I was struck by the elo- may have been female as well as male, things with taxes or highways or na- quence of the gentleman from Okla- but in all 50 States that have seen this tional defense, that this Nation was homa by adding the references to God necessity to reflect a pillar principle founded by people who believed in God in the Declaration of Independence. upon which this Nation was founded. and believed that our rights came from The gentleman from Oklahoma spoke Mr. Speaker, I yield to the gentleman God as they stated in the Declaration to the opening phrases of the Declara- from Missouri. of Independence, and if we try to sever tion of Independence. I wanted to con- Mr. BLUNT. Mr. Speaker, if the gen- our freedom and our rights from He clude with the ending phrase of the tleman would yield, I would just like to who gave our rights to us, and if we say Declaration of Independence. point out this is not just something that we have to isolate children while As the heroes drew together in Phila- that State constitutions recognize. An they are required to be at school, they delphia to create our country and knew overwhelming majority of Americans have to be isolated from these ref- they were risking their lives, they con- in every single poll express belief in erences just because there may be some cluded by saying, God, 96 percent, 97 percent, 98 percent. among them or among their parents March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1845 who are so intolerant that they want Congress of the United States of Amer- commit ourselves to her vision of an to silence other people. ica, Bella Abzug of New York, who died America where men and women have Mr. Speaker, if my freedom of speech today. equal chances, where ordinary citizens exists only when everybody around I remember when I first was consider- could hold their government account- agrees with me, I do not have free ing running for Congress I went to New able. speech. If my freedom of religion exists York to seek Bella Abzug’s counsel. Bella Abzug would say, what is hap- only when I am around people who be- What I got was one of the most intense pening, where are we, what are we lieve the same things that I do, then I question and answer sessions of my about? And she would demand answers. do not have freedom of religion. If I can life. She knew that the men and women and not express my religious beliefs even Why was I running? their families had to have those an- when people may disagree with them or What did I really care about? swers. express my political beliefs or social Was I willing to fight for women and Did we ever live up to what Bella beliefs or just flat my opinion, then I for families? thought possible? I stand here tonight do not have freedom any more. The es- Bella wanted to make sure that I feeling very badly about her death. sence of freedom is that we tolerate could answer those questions to her Talked to Bella over the years, talked our differences rather than trying to satisfaction. to her so often. Did I ever reach to suppress them, and for the courts to Today when I was here in the Con- where she thought I should reach? take the First Amendment and twist gress, we were voting all day, today I Probably not. But I have to say to you and distort it, and say this is now a stopped down below this Chamber and that she was there for all of us, espe- tool for stopping people from express- stopped for a few moments for lunch, cially for we women who came to the ing their religious belief because they and I saw CAROLYN MALONEY, a woman Congress, to make sure that we under- happen to be on public property? who represents New York City like stood that we had to care about what My kids are required to be on public Bella did, and she said, ‘‘Did Bella we were representing. Everybody in our property to be at school. Does that treat you like she treated me, saying districts, we all, every man and woman mean they are required to leave behind are you tough enough, are you strong that comes to this body represents ev- the teachings that we try to give them enough, do you care enough about rep- erybody in their districts. But when we at home and at church? resenting your people?’’ women come, we have to make sure, I hear some people say, oh, my good- And I said, ‘‘CAROLYN, she asked me because there are many fewer of us, ness, you ought to be happy, you can all those questions that she asked you: that we represent women and families. pray at home and you can pray at Were we tough enough, were we strong And she understood that so clearly, school. Well fine. But I happen to be- enough to represent the people of the and she made that so clear to us. Be- lieve in a faith that says pray without United States of America?’’ And I cause we were so few, we had to make ceasing, and it does not say that you think that CAROLYN MALONEY and I our argument to be so absolutely on have to stop praying when you enter think that BARBARA KENNELLY could the mark. onto government property or when answer those questions yes, we were And I have tried to do that, and I somebody else is around that says, tough enough, we were strong enough. used to say to Bella, ‘‘Look, I don’t ‘‘Well, I do not like what you are Could we do it in the style of Bella talk like you, I’m not as extreme as doing.’’ I say to them, ‘‘I appreciate Abzug? No. you, I’m not as exciting as you, I’m not that. I am sure that there are some Could we be so delightful, in how she as compelling as you. But I am here, things that you may do which I may could fight for those fights for the fam- like you, to represent all the families, not like either, but I respect and would ilies of America? Probably not. all the children of the United States of fight for your right to say and do But do we look at her as our leader? America.’’ things with which I may disagree, and Yes, we did. Do we win some of those fights? Of I would hope that you would have the It is worth remembering today what course we did. We have absolutely won same understanding, the same belief in it was about when Bella ran for Con- many of those fights, and what we our Constitution and our principles, gress, about what drew me and dozens cared about she cared about, and I look and that you would say whether I agree of other women to look at her as a at Bella now and I think that she held with your prayer or your religious touchstone, to look at her as someone a standard for me all these years, a thoughts or not, I believe you have a who we could look to and then run for standard to make sure that I could do right to express them.’’ Congress. It was her strength, her com- as well as I can do. Did I do ever as The problem is not with people who mitment, it was her passion, Bella much as she wanted me to do? Of want to express the hope and faith of Abzug’s conviction about what she be- course I did not. Anybody who served prayers. The problem is with people lieved in. in this House, we could never do as who are intolerant and do not want to Yes, many of us who entered public much as Bella wanted us to do. But hear it. life after her, we wanted to be in her what Bella Abzug made us do was know Mr. Speaker, the religious freedom footsteps, but we found different ways that we could do better, that we could amendment protects these freedoms to get where she wanted to go, dif- work harder, that we could get up and these rights, whether it be first ferent ways to express ourselves, dif- early in the morning, that we could grader Zachariah Hood who was told he ferent ways to approach issues. But our work later in the day, that we could could not read the story of the brothers differences were of style, not of sub- take care of the families of the United Jacob and Esau reuniting, or whether stance. States of America, that we could take it be my children or anyone else’s or Bella was, for many of us, our inspi- care of the children. those of us in this Congress or any ration. I can remember one day when I did place on public property. I would have to say to you today that not know Bella. It was a day that I feel I hope, Mr. Speaker, that people will I think about Bella, I think about like I feel today, I feel so badly about support the religious freedom amend- where she was and where I was, where this woman who was so wonderful. ment and that more Members will pro- so many of us were that come to this Bella Abzug was an absolutely wonder- claim its necessity. body, work so hard from early morning ful woman. f until late night. We have to say that I had another wonderful woman in she was always our conscience. We al- my life, and her name was Ella Grasso, TRIBUTE TO BELLA ABZUG ways wanted to work as hard as she Governor of the State of Connecticut. I The SPEAKER pro tempore. Under a did, to care as much as she did, to real- was Secretary of State in her adminis- previous order of the House, the gentle- ly be as committed as Bella Abzug was tration, and she always made me feel woman from Connecticut (Mrs. KEN- for the families of the United States of wonderful like Bella did. She always NELLY) is recognized for 5 minutes. America. also wanted me to do better, to work Mrs. KENNELLY. Mr. Speaker, I rise Today we should not only mourn her harder, to get more done, and I kept tonight to pay tribute to one of the death, but I stand here tonight, Mr. trying. But she was the first Governor greatest women who ever served in the Speaker, and say to you we should re- that ever served, the first woman in H1846 CONGRESSIONAL RECORD — HOUSE March 31, 1998 the United States of America who Dr. Peeno’s experiences in the March 9 proper medical care. These include served as Governor of the State of Con- edition of U.S. News & World Report. complex utilization review procedures, necticut in her own right, and she The HMO revelations have gotten so computer programs that are stingy knew Bella Abzug because they served bad that the health plans themselves about approving care, medical direc- together in the Congress, and Ella died are running ads touting the fact that tors willing to play fast and loose with earlier than she should have died. She they are different from the bad HMOs the term ‘‘medically necessary.’’ died of cancer when she was Governor that don’t allow their subscribers their Consumers who disagree with these of the State of Connecticut. And of choice of doctors, or who interfere with decisions are forced to work their way course Ella was Governor, and I do not their doctors practicing good medicine. through Byzantine appeals processes even think Bella was Congresswoman Here in Washington one add says, which usually excel at complexity, but at that time. But I can remember I was ‘‘We don’t put unreasonable restric- generally fall short in terms of fair- Secretary of the State of Connecticut, tions on our doctors. We don’t tell ness, and these appeals, unfortunately, and I was very involved in Ella’s fu- them that they can’t send you to a spe- Mr. Speaker, sometimes last longer neral, and there was not a lot of Con- cialist.’’ than the patient. gress people at Ella’s funeral. But In Chicago, Blue Cross ads proclaim, The public understands the kind of guess what? Bella Abzug came to Ella’s ‘‘We want to be your health plan, not barriers they face in getting needed funeral. She understood a good woman. your doctor.’’ care. Republican pollster, Frank Luntz, And I am standing here tonight telling In Baltimore, the Preferred Health recently held a focus group in Mary- you we had a wonderful women with Network ad states, ‘‘As your average land, and this is what consumers said. Bella Abzug, and I say with sadness, health plan, cost controls are regulated One participant complained, I have a but with great pride, we needed her by administrators. At PHN, doctors are new doctor every year. Another said when we had her, we will miss her. responsible for controlling costs.’’ she is afraid that ‘‘if something major This goes to prove that even HMOs Bella Abzug, I loved you. I just hope happened, I won’t be covered.’’ A third know that there are more than a few I can do as much as you want me to do attendee griped that he had to take off rotten apples in the barrel. The HMO f work twice because the plan required industry has earned a reputation with people to see the primary care doctor HMO CRISIS IN AMERICA the public that is so bad that only to- before seeing his specialist. The SPEAKER pro tempore. Under bacco companies are held in lower es- Those fears are vividly reflected in the Speaker’s announced policy of Jan- teem. editorial page cartoons. Here is one uary 7, 1997, the gentleman from Iowa Let me cite a few statistics. A na- that reflects what that focus group was tional survey shows that far more (Mr. GANSKE) is recognized for 60 min- talking about. It shows a woman work- utes. Americans have a negative view of ing in a cubicle in the claims depart- Mr. GANSKE. Mr. Speaker, 2 years managed care than a positive view. By ment of an HMO. In talking to a cus- ago I met a woman who killed a man. more than 2 to 1, Americans support tomer she remarks, no, we don’t au- I did not meet her in prison; she was more government regulation of HMOs. thorize that specialist. No, we don’t The survey shows that only 44 per- not on parole. She had never even been cover that operation. No, we don’t pay cent of Americans think that managed investigated by the police. In fact, for for that medication. She is then sur- care is a good thing. Do you want causing the death of a man she re- prised, no, we don’t consider this as- proof? Well, recently I saw the movie, ceived congratulations from her col- sisted suicide. ‘‘As Good As It Gets.’’ When Academy leagues and moved up the corporate These HMO rules create ethical di- Award winner Helen Hunt expressed an ladder. lemmas. A California internist had a expletive about the lack of care her The woman, Dr. Linda Peeno, was patient who needed emergency treat- asthmatic son gets from her HMO, peo- working as a medical reviewer at an ment because of fluid buildup in her ple in the audience clapped and HMO. In testimony before the Commit- lungs. Under the rules of the patient’s cheered. It was by far the biggest ap- tee on Commerce on May 30, 1996, she plan, the service would come at a hefty plause line of the movie. cost. She told the doctor she couldn’t confessed that her decision as an HMO No doubt the audience’s reaction was have the treatment because she didn’t reviewer to deny payment for a lifesav- fueled by dozens of articles and news have the money. However, if she was ing operation led to the preventable stories highly critical of managed care, admitted to the hospital, she would death of a man she had never met. and also fueled by real live experiences. Since then Dr. Peeno has regretted In September 1997, the Des Moines have no charges. So the internist bent her HMO deeds every day of her life. In Register ran an op-ed piece entitled the rules. He admitted her, and then he contrition she has blown the whistle on ‘‘The Chilly Bedside Manner of HMOs’’ immediately discharged her. the ways that HMOs deny payment for by Robert Reno, a Newsweek writer. Now, I ask you, Mr. Speaker, are health services. She showed how plans Citing a study on end-of-life care, he HMOs forcing doctors to lie for their draft contract language to restrict ac- wrote, ‘‘This would seem to prove the patients? cess to benefits. She showed how HMOs popular suspicion that HMO operators HMOs have pared back benefits to cherry-pick healthy patients, and she are heartless swine.’’ the point of forcing Congress to get showed how HMOs use technicalities to The New York Post ran a week-long into the business of making medical deny necessary care. series on managed care. Headlines in- decisions. Take for example the uproar over so-called drive-through deliveries. b 2000 cluded, ‘‘HMOs’ cruel rules leave her dying for the doc she needs.’’ This cartoon shows that some folks Dr. Peeno also told Congress about Another headline blared out, ‘‘Ex- thought health plans were turning the most powerful weapon in an HMO’s New Yorker is told get castrated so we their maternity wards into fast food arsenal; to hold down costs. HMOs gen- can save.’’ restaurants. erally agree to cover all services that Or this one, ‘‘What his parent didn’t As the woman is handed her new are deemed ‘‘medically necessary.’’ But know about HMOs may have killed this child, the gatekeeper at the drive- because that decision is made by HMO baby.’’ through window asks, congratulations, bureaucrats, not by the treating physi- Or how about the 29-year-old cancer would you like fries with that? cian, Dr. Peeno called it ‘‘the smart patient whose HMO would not pay for Well, in 1995, Michelle and Steve bomb of cost containment.’’ his treatments. Instead, the HMO case Bauman testified before the Senate Hailed initially as a great break- manager told him to hold a ‘‘fund-rais- about their daughter, Michelina, who through in holding down health costs, er.’’ A fund-raiser. died 2 days after she was born. Their the painful consequences of the man- Mr. Speaker, I certainly hope that words were powerful and eloquent. Let aged care revolution are being re- campaign finance reform will not sty- me quote from Michelle and Steve’s vealed. Stories from the inside, like mie this man’s chance to get his cancer statement. those told by Dr. Peeno, are shaking treatment. Baby Michelina and her mother the public’s confidence in managed To save money, some HMOs have ‘‘were sent home 2 hours after delivery. care. You can now read about some of erected increasingly steep barriers to This was not enough time for doctors March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1847 to discover that Michelina was born valry can be good for consumers. When tient Right to Know Act, to prevent with streptococcus, a common and one airline cuts fares, others generally health plans from censoring exam room treatable condition. Had she remained match those fares. In health care, when discussions. in the hospital an additional 24 hours, one plan offers improved preventive This gag rule cartoon is even more her symptoms would have surfaced and care or expanded coverage, other mar- pointed. Once again, a doctor sits be- a professional trained staff would have ket participants may follow suit. hind a desk talking to a patient. Be- taken the proper steps so that we could But the competitive nature of the hind the doctor is an eye chart saying, have planned a christening, instead of market also poses a danger for consum- ‘‘Enuf iz enuf.’’ The doctor looks at a a funeral. ers. In an effort to bolster profits, piece of paper and tells his patient, Her death certificate listed the cause plans may deny coverage of care that is ‘‘Your best option is cremation, $359, of death as meningitis, said Michelle medically necessary, or they may gag fully covered.’’ And the patient says, and Steve, when it should have read their doctors to cut costs. ‘‘This is one of those HMO gag rules, ‘‘death by the system.’’ Some health plans have used gag isn’t it, doctor?’’ In the face of scathing media criti- rules to keep their subscribers from The HMO industry continues to fight cism and public outrage, health plans getting care that may save their lives. Federal legislation to ban these gag insisted that nothing was wrong, that During congressional hearings 2 rules. The HMOs and their minions most plans allowed women to stay at years ago, we heard testimony from here in Congress still keep the Patient least 48 hours, that babies discharged Allen DeMeurers, who lost his wife, Right to Know Act from coming to the the day of delivery were just as healthy Christy, to breast cancer. They are pic- floor, despite the fact that it has 299 as others. tured here with their children. When a cosponsors, Members of Congress, on You know, Mr. Speaker, that line of specialist at UCLA recommended that the bill. The bill is endorsed by more defense sounds a lot like the man who Christy undergo bone marrow trans- than 300 consumer and health profes- was sued for causing an auto accident. plant surgery, her HMO leaned on sional organizations and has already ‘‘Your Honor,’’ he says, ‘‘I was not in UCLA to change its medical opinion. been enacted into law for Medicare and the car that night, but even if I was, Mr. Speaker, who knows whether Medicaid patients. Mr. Speaker, I ask the Members, the other guy was speeding and Christy would be with her two children what is wrong with cover all Ameri- swerved into my lane.’’ today had her HMO not interfered with cans? Even some executives of major For expectant parents, however, the her doctor-patient relationship? managed care plans have privately told bottom line was fear and confusion. HMO gag rules have even made their me that they are not opposed to the There is nothing more important to a way on to the editorial pages. Here is ban on gag rules, because they know couple than the health and safety of one such cartoon. A doctor sits across that competition can result in a race their child. Because managed care the desk from a patient and remarks, to the bottom in which basic consumer failed to condemn drive-through deliv- ‘‘I will have to check my contract be- protections are undermined. eries, all of us were left to wonder fore I answer that question.’’ My bill to ban gag rules presents whether our own plans place profits Dr. Michael Haugh is a real live ex- managed care with an opportunity to ahead of care. ample of this problem. He testified be- be on the vanguard of good health care. The drive-through delivery issue is fore the Committee on Commerce and Instead, they are frittering away an- hardly the only example of the man- told how one of his patients was suffer- other opportunity, just like they did aged care industry fighting to derail ing from severe headaches. He asked with the drive-through delivery issue. any consumer protection legislation. her HMO to approve a specific diag- And in opposing a ban on gag rules, What makes this strategy so curious is nostic procedure. They declined to HMOs have only fueled bipartisan sup- that most plans had already taken cover it, claiming that magnetic reso- port for broader and more comprehen- steps to guarantee new moms and in- nance arteriogram was ‘‘experi- sive reform legislation. fant 2 days in the hospital. Sure, there mental.’’ In recognition of problems in man- were some fly-by-nights that might not Now, remember, Dr. Peeno testified aged care, last September three man- have measured up, but most respon- about the clever ways that health aged care plans joined with consumer sible plans had already reacted to the plans decide not to cover requested groups to announce their support of an issue by guaranteeing longer hospital care. 18-point agenda. Here is a sample of the stays. b 2015 issues that the groups felt required na- The HMO efforts to reassure the pub- tionally enforceable standards: guaran- lic that responsible plans don’t force Dr. Haugh explained the situation in teeing access to appropriate services, new mothers and babies out of the hos- a letter to his patient. In it he wrote: providing people with a choice of pital in less than 24 hours, however, ‘‘The alternative to the magnetic reso- health plans, ensuring the confidential- was completely undermined by their nance arteriogram is to do a test called ity of medical records, protecting the opposition to a law ensuring this pro- a cerebral arteriogram, which requires continuity of care, providing consum- tection for all Americans. This was a injecting dye into the arteries, and car- ers with relevant information, covering missed opportunity, Mr. Speaker, for ries a much higher risk to it than the emergency care, disclosing loss ratios, the responsible HMOs to get out front, MRA. It is because of this risk that I banning gag rules. to proactively work for legislation that am writing to tell you that I still con- These health plans and consumer reflected the way they already oper- sider that an MRA is medically nec- groups wrote, ‘‘Together we are seek- ated. essary in your case.’’ ing to address problems that have led Not only would it have improved Two weeks later the medical director to a decline in consumer confidence managed care’s public image, but it of BlueLines HMO wrote to Dr. Hough. and trust in health plans. We believe would have given them some credibil- He said, ‘‘I consider your letter to the that thoughtfully designed health plan ity. member to be significantly inflam- standards will help to restore con- So why then did managed care oppose matory. You should be aware that a fidence and ensure needed protection.’’ legislation on this issue? Because the persistent pattern of pitting the HMO Mr. Speaker, I could not have said it HMO industry is Chicken Little. Every against its member may place your re- better myself. These plans, including time Congress or the States propose lationship with BlueLines HMO in jeop- Kaiser Permanente, HIP, and Group some regulation on this industry, they ardy. In the future, I trust you will Health of Puget Sound, probably al- cry, ‘‘The sky is falling; the sky is fall- choose to direct your concerns to my ready provide patients with these safe- ing.’’ office, rather than in this manner.’’ guards. So it would not be a big chal- I would suggest that by endorsing This is amazing. The HMO was tell- lenge for them to comply with nation- some common-sense patient protec- ing this doctor that he could not ex- ally enforceable standards. By advocat- tions, managed care would be more be- press his professional medical judg- ing national standards, these HMOs lievable when they oppose legislation. ment to his patient. Cases like these distinguish themselves in the market Today’s managed care market is and others demonstrate why Congress as being truly concerned with the highly competitive. Strong market ri- needs to pass legislation like the Pa- health of their enrollees. H1848 CONGRESSIONAL RECORD — HOUSE March 31, 1998 Noting that they already make ex- job of monitoring the performance of such as covered services or cost shar- tensive efforts to improve their quality health plans, Federal law puts most ing. ERISA does not specify any re- of care, the chief executive officer of HMOs beyond the reach of State regu- quirements for maintaining plan sol- Health Insurance Plan, known as HIP, lation. Let me repeat that. Most people vency. ERISA does not provide safe- said, ‘‘Nevertheless, we intend to insist do not know this. Federal law puts guards of a State Insurance Commis- on even higher standards of behavior most HMOs beyond the reach of State sioner. within our industry, and we are more regulation. It seems to me that we can take one than willing to see laws enacted to en- So we ask, how is that possible? of three approaches to reforming the sure that.’’ Let me repeat that: ‘‘We More than 2 decades ago Congress way health plans are regulated by are more than willing to see laws en- passed the Employee Retirement In- ERISA. The first would be to do noth- acted to ensure that result.’’ come Security Act, which I will refer ing. But, Mr. Speaker, I have dem- One of the most important pieces of to as ERISA, in order to provide some onstrated why I think, and I think their 18-point agenda is a requirement uniformity for pension plans in dealing most of my colleagues would agree, that plans use a layperson’s definition with different State laws. Health plans that is not acceptable. of an emergency. Too often, health were included in ERISA almost as an The second option would be to ask plans have refused to pay for care that afterthought, and the result has been a the States to re-assume the respon- was delivered in an emergency room. gaping regulatory loophole for self-in- sibility of regulating these plans. This The American Heart Association sured plans under ERISA. was the traditional role of States and tells us that if we have crushing chest Even more alarming is the fact that they continue to supervise other parts pain, we should promptly go to the this lack of effective regulation is cou- of the health insurance market. But I emergency room, because that could be pled with an immunity from liability will tell why that will not work. Turn- a warning of a possible heart attack. for negligent actions. Let me repeat ing regulation of ERISA plans over to But sometimes HMOs refuse to pay if that: This lack of effective regulation States will be fought tooth and nail by the tests later on are normal. Mr. is coupled with an immunity from li- big business and by HMOs and it will Speaker, if the HMO only pays when ability for negligent actions. If the not happen. the tests are positive, I guarantee that HMO has made a negligent action That only leaves one viable option: people will delay getting proper treat- which has resulted in harm or death of some minimal, reasonable, Federal ment for fear of them getting a big bill. a patient and they are under the consumer health protections for pa- They could die if they delay diagnosis ERISA exemption, they are scot-free of tients enrolled in ERISA plans. and treatment. any liability. There are many proposals on the Another excuse HMOs use to deny Mr. Speaker, personal responsibility table, including the Patient Access to payment for ER care is the patient’s has been a watchword for this Repub- Responsible Care Act, the Patient Bill lican Congress. This issue is no dif- failure to get preauthorization. This of Rights, the 18-point agenda released ferent. I have worked with the gen- cartoon vividly makes the point: by Kaiser H.I.P. and AARP. Whether tleman from Georgia (Mr. CHARLIE ‘‘Kuddlycare HMO. My name is Bambi. we enact one of these options or some NORWOOD) and others to pass legisla- How may I help you? You are at the other yet to be drafted, Congress cre- emergency room and your husband tion that would make health plans re- ated the ERISA loophole and Congress needs an approval for treatment? Gasp- sponsible for their conduct. Health should fix that loophole. ing? Writhing? Eyes rolled back in his plans that recklessly deny needed med- Defenders of the status quo some- head? Doesn’t sound all that serious to ical service should be made to answer times say that making plans subject to me. Clutching his throat? Turning pur- for their conduct. Laws that shield increased State or Federal regulation ple? Uh-hmm. Have you tried an in- them from their responsibility only en- is not the answer. They insist that like haler? He’s dead? Well, then he cer- courage HMOs to cut corners. any other consumer good, managed tainly doesn’t need treatment, does Take this cartoon, for example. With care will respond to the demands of the he?’’ And then the reviewer puts down no threat of a suit for medical mal- market. I would note, Mr. Speaker, the phone and says, ‘‘People are always practice, an HMO beancounter stands that I know of no other industry that trying to rip us off.’’ elbow to elbow with the surgeon in the is not liable for their acts of mis- Does this cartoon seem too harsh? operating room. Ask Jacqueline Lee. In the summer of conduct like self-insured ERISA health b 2030 1996 she was hiking in the Shenandoah plans. So the shield from liability pro- Mountains when she fell off a 40-foot When the doctor calls for a scalpel, vided by ERISA by itself distorts the cliff. She fractured her skull, her arm, the bean counter says ‘‘pocket knife.’’ health care market. her pelvis. She was airlifted to a local The doctor asks for suture, bean It differs from a traditional market hospital and treated. Now, Members counter says ‘‘Band-Aid.’’ The doctor in other ways as well. For example, the will not believe this. Her HMO refused says ‘‘Let’s get him into intensive person consuming health care is gen- to pay for the services because she care,’’ HMO bean counter says, ‘‘Call a erally not paying for it. Most Ameri- failed to get ‘‘preauthorization.’’ I ask cab.’’ cans get their health care through the Members, what was she supposed to Mr. Speaker, some States have re- their employer. Because the primary do, lying at the bottom of the 40-foot sponded. Texas, for instance, has re- customer, the one paying the bills, is cliff with broken bones? Call her HMO sponded to HMO abuses by passing leg- the employer, the HMOs have to satisfy for preauthorization? islation that would make ERISA plans their needs before they satisfy the I am sad to say that, despite strong accountable for improper denials of needs of the patients. And the employ- public support to correct problems like care. But that law, Mr. Speaker, is er’s focus on the cost of the plan may these, managed care regulation still being challenged in court and a Federal draw the HMO’s attention away from seems stalled here in Washington. standard is needed to protect all con- the employee’s desire for a decent Some opponents of legislation insist sumers. health plan. that health insurance regulation, if The lack of legal redress for an As Stan Evans noted in ‘‘Human there is to be any at all, should be done ERISA plan’s medical malpractice is Events,’’ many HMOs operate on a by the States. Other critics worship at hardly its only shortcoming. Let me capitated basis. This means that plans the altar of the free market and insist describe a few of ERISA’s other weak- are paid a flat monthly fee for taking that it is ‘‘the invisible hand’’ that nesses: ERISA does not impose any care of you. This translates to the less cures the ills of managed care. quality assurance standards or other they spend on medical services, the I am a strong support of the free standards for utilization review. Ex- more profit they make. How many market, and I wish we could rely on cept as provided for in Kassebaum-Ken- markets, Mr. Speaker, function on the ADAM SMITH’s invisible hand to steer nedy, ERISA does not prevent plans premise of succeeding by giving cus- plans into offering the services that from changing, reducing or terminat- tomers less of what they want? consumers want. ing benefits. Take a look at this cartoon which il- While historically State insurance With few exceptions ERISA does not lustrates perfectly the bottom-line commissions have done an excellent regulate a plan’s design or content, mentality of HMO plans. The patient is March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1849 in traction while the doctor reviews his that whatever car they buy will meet and to undergo peer review. Most of all, chart. The HMO bedside manner, the certain minimum safety standards. they are expected to be their patients’ doctor says, ‘‘After consulting my col- You do not buy safety ‘‘a la carte.’’ advocates, not to be government or in- leagues in Accounting, we have con- The same notion of basic protections surance apologists. It is in the interest cluded you are well enough. Now go and standards should apply to health of our citizens that their doctor fights home.’’ plans. Consumer protections will not for them and not be the ‘‘company Are HMOs paying attention to their lead to socialized medicine any more doc.’’ patients’ health or to their stockhold- than requiring seat belts has led to a Like a majority of my colleagues, I ers’ portfolios? nationalized auto industry. In a free am a cosponsor of H.R. 1415, the Pa- Stan Evans again hit the nail on the market, these minimum standards set tient Access to Responsible Care Act, head when he noted ‘‘Paid a fixed a level playing field that allows com- otherwise known as PARCA. In an ef- amount of money per patient regard- petition to flourish. fort to derail this legislation, the man- less of the care delivered, HMOs have a Critics of regulating managed care aged care community has made a num- powerful motive to deliver a minimum also complain that new regulation will ber of false statements about this bill. of treatment. Care denial, pushing peo- drive up the cost of health insurance. For example, they repeatedly state ple out of hospitals as fast as possible, How often have I heard this argument. that PARCA would force health plans blocking access to specialists and the In criticizing the Patient Access to Re- to contract with any provider who like are not mistakes or aberration. sponsible Care Act they cite a study wanted to join its network. That is They stem directly from the nature of showing that certain provisions could clearly a false statement. the setup in which HMOs make more increase health insurance premiums In two separate places the bill states money by delivering less care, thus pit- from 3 to 90 percent. Three to 90 per- that it should not be considered an ting the financial interest of the pro- cent. What a joke. Such a wide range is ‘‘any willing provider’’ bill. PARCA vider against the medical interest of meaningless. It must be an account- simply includes a provider non- the patient.’’ ant’s way of saying, ‘‘I don’t know.’’ discrimination provision similar to His comment raises an important Other studies have said that costs what was enacted in Medicare last issue. Presented with tragedies like may go up slightly but nothing near year. Provider nondiscrimination and those of the Baumans or Mrs. the doomsday figures suggested by op- ‘‘any willing provider’’ are no more the DeMeurers, managed care defenders ponents of this legislation. A study by same than equal opportunity and af- argue that ‘‘those people are just anec- the accounting firm Muse & Associates firmative action. dotes.’’ shows that premiums will increase be- Mr. Speaker, similarly, some oppo- What Mr. Evans points out is that tween seven-tenths of 1 percent and 2.6 nents have suggested that the bill cases like these are not mistakes or ab- percent if the Patient Access to Re- would force health insurance to be of- errations or ‘‘anecdotes.’’ They are ex- sponsible Care Act is enacted. fered on a guaranteed issue or a com- actly the outcomes we would expect in And do not let the HMOs tell anyone munity rating basis, and I say this is a a system that rewards those who that the rising premiums we are seeing nonissue. The gentleman from Georgia this year are the result of Federal reg- undertreat patients. (Mr. NORWOOD) and I oppose commu- Finally, Mr. Speaker, markets only ulation. HMOs have been charging nity rating and guaranteed issue, and function when consumers have real below-cost premiums for years, and as will not support any bill that would re- a result we are now seeing premium in- choices. Dissatisfied consumers have sult in community rating or guaran- creases long before the passage of any limited options. Most employers offer teed issue. employees very few health plans. For Federal consumer protection legisla- Mr. Speaker, when I began these re- many, the choice of health plans is tion. marks I mentioned the focus group Keep in mind also the shareholder’s simple: ‘‘Take it or leave it.’’ held in Maryland by Frank Luntz. At philosophy of making money can come Freedom in the health insurance end of the session he described a pack- into conflict with the patient’s philoso- market for many now means quitting age of consumer protections much like phy of wanting good medical care. To your job if you do not like your HMO. the Patient Access to Responsible Care save money many plans have nonphysi- There is not a free market when con- cian reviewers to determine if callers Act and he asked participants whether sumers cannot switch to a different requesting approval for care really they were in favor. All 28 hands shot plan. But even if we were to put aside need it. Using medical care ‘‘cook- up. One woman even said she was all of these arguments and assume that books,’’ they walk patients through shocked that it did not already exist. health insurance was a free market, Next Mr. Luntz asked how many their symptoms and then reach a medi- would support the package if it caused there is still the need for legislation to cal conclusion. guard patients from abuses. The notion Unfortunately, the cookbooks do not health insurance premiums to increase of consumer protections is consistent have a recipe for every circumstance, 5 percent. All 28 thought that was a and supportive of our concept of free like the woman who called to complain reasonable price to pay for those pro- markets. about pain caused by the cast on her tections. In fact, 27 out of 28 would sup- In his book, ‘‘Everything For Sale,’’ wrist. The telephone triage worker port the proposal even if it caused in- Robert Kuttner points out the prob- asked the woman to press down on her surance premiums to increase by 10 lems of imperfect markets. ‘‘Industries fingernail and see how long it took for percent, and nearly three-quarters still such as telecommunications, electric the color to return. Unfortunately, supported the package if it caused in- power and health care retain public over the phone she could not see that surance premiums to increase by 15 purposes that free-market forces can- the patient had fingernail paint. percent. Yet, as I mentioned, Mr. not achieve. For example, as a society How far can this go? Well, like this Speaker, a study by Muse & Associates we remain committed to universal ac- cartoon shows, pretty soon we could all shows that enactment of PARCA would cess to certain goods. Left to its own be logging on to the Internet and using only raise premiums between seven- device, the free market might decide the mouse as a stethoscope. tenths of 1 percent and 2.6 percent. that delivering electricity and phone This trend should trouble every one Mr. Speaker, consumers have lost service to rural areas and poor city of us. Medicine is part science, it is confidence in their HMOs. The public neighborhoods is not profitable, just as part art. Computer operators cannot clearly thinks that they have cut costs the private market brands cancer pa- consider the subtleties of a patient’s at the expense of quality. It is time for tients as ‘uninsurable.’ ’’ condition. Sometimes answers can be reform. The American public is crying Think for a minute, Mr. Speaker, known by reading a chart. But some- for help and is looking to Congress for about buying a car. Federal laws en- times doctors reach their judgments by answers. The time for talking has sure that cars have horns and brakes, a sixth sense that this patient is really passed. Our goal should be passage of headlights. Yet despite these minimum sick. There are certain things that comprehensive patient protection leg- standards we do not have a ‘‘national- computers cannot comprehend. islation. ized auto industry.’’ Instead, consum- Mr. Speaker, doctors are expected to Mr. Speaker, I am committed to see- ers have lots of choices. But they know be professional, to adhere to standards ing legislation enacted by the close of H1850 CONGRESSIONAL RECORD — HOUSE March 31, 1998 this 105th Congress, and I am open to (Rept. No. 105–476) on the resolution (H. marks and include extraneous mate- working with all interested Members, Res. 405) providing for consideration of rial:) Democrat or Republican, to develop a the bill (H.R. 2400) to authorize funds Mrs. KENNELLY of Connecticut, for 5 bipartisan patient protection bill. In for Federal-aid highways, highway minutes, today. the meantime, Mr. Speaker, H.R. 586, safety programs, and transit programs, f the Patient’s Right to Know Act, which and for other purposes, which was re- has 299 cosponsors and would ban gag ferred to the House Calendar and or- EXTENSION OF REMARKS rules, should be brought to the floor for dered to be printed. By unanimous consent, permission to a vote. f revise and extend remarks was granted b 2045 MAKING IN ORDER ON WEDNES- to: Mr. Speaker, just last week a pedia- DAY, APRIL 1, 1998, MOTION TO (The following Members (at the re- trician told me about a 6-year-old child SUSPEND THE RULES AND PASS quest of Mr. CLEMENT) and to include who had nearly drowned. The child was H.R. 1151, CREDIT UNION MEM- extraneous matter:) brought to the hospital and placed on a BERSHIP ACCESS ACT Mr. KIND. Mr. MCDERMOTT. ventilator. The child’s condition was Mr. MCINNIS. Mr. Speaker, I ask serious. It did not appear that he would unanimous consent that, notwithstand- Mr. STARK. survive. As the doctors and the family ing clause 1 of rule XXVII, it be in Mr. FILNER. prayed for signs that the boy would order at any time on Wednesday, April Mr. CRAMER. live, the hospital got a call from the 1st, 1998, for the Speaker to entertain a Mr. BENTSEN. boy’s insurance company. Explained motion to suspend the rules and pass Mr. LAFALCE. the HMO, ‘‘Home ventilation is cheaper the bill, H.R. 1151, Credit Union Mem- Mr. ALLEN. than inpatient care. I was wondering if bership Access Act. Mr. MOAKLEY. you had thought about sending the boy The SPEAKER pro tempore. Is there Mr. VENTO. home.’’ objection to the request of the gen- Mr. KANJORSKI. Or consider the death of Joyce Ching, tleman from Colorado? Mr. SCHUMER. a 35-year-old mother from Fremont, There was no objection. Mr. WYNN. California. Mrs. Ching waited nearly 3 f Mr. RUSH. months for an HMO referral to a spe- Mr. SABO. cialist, despite continued rectal bleed- LEAVE OF ABSENCE (The following Members (at the re- ing and severe pain. Joyce Ching was 35 By unanimous consent, leave of ab- quest of Mr. DOOLITTLE) and to include years old when she died from a delay in sence was granted to: extraneous matter:) diagnosis of her colon cancer. Joyce Mr. GREENWOOD (at the request of Mr. Mrs. ROUKEMA. Ching, Christy DeMeurers, Michelina ARMEY) for after 5:00 p.m. today on ac- Mr. GILMAN. Baumann, Dr. Peeno’s patient, Mr. count of official business. Mr. REDMOND. Speaker, these are not just ‘‘anec- f Mr. WOLF. dotes.’’ These are real people who are Mr. SOLOMON. SPECIAL ORDERS GRANTED victims of HMOs. Let us fix the prob- Mr. GEKAS. lem. The people we serve are demand- By unanimous consent, permission to Mr. KLUG. ing it. address the House, following the legis- f To paraphrase Shakespeare: Hath not lative program and any special orders these ‘‘anecdotes,’’ these HMO victims’ heretofore entered, was granted to: SENATE BILL REFERRED (The following Members (at the re- eyes? Hath not these ‘‘anecdotes’’ A bill of the Senate of the following quest of Mr. CLEMENT) to revise and ex- hands, organs, dimensions, senses, af- title was taken from the Speaker’s tend their remarks and include extra- fections, passions, fed with the same table and, under the rule, referred as neous material:) food, hurt with the same weapons, sub- follows: ject to the same diseases, warmed and Mr. MASCARA, for 5 minutes, today. S. 1751. An act to extend the deadline for cooled by the same winter and summer Mr. DAVIS of Illinois, for 5 minutes, today. submission of a report by the Commission to as these same HMO apologists? If you Assess the Organization of the Federal Gov- prick the ‘‘anecdotes,’’ do they not Ms. JACKSON-LEE of Texas, for 5 min- ernment to Combat the Proliferation of bleed? If you tickle these ‘‘anecdotes,’’ utes, today. Weapons of Mass Destruction; to the Com- do they not laugh? If you shortcut Ms. BROWN of Florida, for 5 minutes, mittee on International Relations, and in ad- their care for profits, do they not die? today. dition, to the Permanent Select Committee And for those who dismiss them as Mr. PALLONE, for 5 minutes, today. on Intelligence, for a period to be subse- ‘‘anecdotes,’’ will they not revenge? (The following Member (at the re- quently determined by the Speaker, in each Mr. Speaker, let us act now to pass quest of Mr. DOOLITTLE) to revise and case for consideration of such provisions as extend his remarks and include extra- fall within the jurisdiction of the committee meaningful patient protections. Lives concerned. are in the balance. neous material:) f Mr. HOEKSTRA, for 5 minutes each f day, today and on April 1st. REPORT ON RESOLUTION PROVID- (The following Member (at his own ADJOURNMENT ING FOR CONSIDERATION OF request) to revise and extend his re- Mr. MCINNIS. Mr. Speaker, I move H.R. 2400, BUILDING EFFICIENT marks and include extraneous mate- that the House do now adjourn. SURFACE TRANSPORTATION AND rial:) The motion was agreed to; accord- EQUITY ACT OF 1997 Mr. SAXTON for 5 minutes today. ingly (at 8 o’clock and 50 minutes p.m.) Mr. MCINNIS, from the Committee (The following Member (at her own the House adjourned until Wednesday, on Rules, submitted a privileged report request) to revise and extend her re- April 1, 1998, at 10 a.m. h

EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports and amended reports concerning the foreign currencies and U.S. dollars utilized for official foreign travel dur- ing the second quarter of 1997 and the first quarter of 1998 by various Committees of the House of Representatives, pursu- ant to Public Law 95–384, as well as consolidated report of foreign currencies and U.S. dollars utilized for Speaker-author- ized official travel in the first quarter of 1998 are as follows: March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1851 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON COMMERCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAR. 22 AND JUNE 30, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Tom Bliley ...... 3/22 3/25 Brazil ...... 850.00 ...... 850.00 3/25 3/28 Argentina ...... 822.00 ...... 822.00 3/28 4/1 Chile ...... 1,165.00 ...... 1,165.00 Hon. Henry Waxman ...... 3/22 3/25 Brazil ...... 850.00 ...... 850.00 3/25 3/28 Argentina ...... 822.00 ...... 822.00 3/28 4/1 Chile ...... 1,165.00 ...... 1,165.00 Hon. Billy Tauzin ...... 3/22 3/25 Brazil ...... 850.00 ...... 850.00 3/25 3/28 Argentina ...... 822.00 ...... 822.00 3/28 4/1 Chile ...... 1,165.00 ...... 1,165.00 Hon. Edward Markey ...... 3/22 3/25 Brazil ...... 850.00 ...... 850.00 3/25 3/28 Argentina ...... 822.00 ...... 822.00 3/28 4/1 Chile ...... 1,165.00 ...... 1,165.00 Hon. Michael Bilirakis ...... 3/22 3/25 Brazil ...... 850.00 ...... 850.00 3/25 3/28 Argentina ...... 822.00 ...... 822.00 3/28 4/1 Chile ...... 1,165.00 ...... 1,165.00 Hon. Paul Gillmor ...... 3/22 3/25 Brazil ...... 850.00 ...... 850.00 3/25 3/27 Argentina ...... 822.00 ...... 1,767.55 ...... 2,589.55 Hon. Joe Barton ...... 3/22 3/25 Brazil ...... 850.00 ...... 850.00 3/25 3/28 Argentina ...... 822.00 ...... 822.00 3/28 4/1 Chili ...... 1,165.00 ...... 1,165.00 James Derderian ...... 3/22 3/25 Brazil ...... 850.00 ...... 850.00 3/25 3/28 Argentina ...... 822.00 ...... 822.00 3/28 4/1 Chile ...... 1,165.00 ...... 1,165.00 Edward Hearst ...... 3/22 3/25 Brazil ...... 850.00 ...... 850.00 3/25 3/28 Argentina ...... 822.00 ...... 822.00 3/28 4/1 Chile ...... 1,165.00 ...... 1,165.00 Patricia Paoletta ...... 3/22 3/25 Brazil ...... 850.00 ...... 850.00 3/25 3/28 Argentina ...... 822.00 ...... 822.00 David Schooler ...... 3/22 3/25 Brazil ...... 850.00 ...... 850.00 3/25 3/28 Argentina ...... 822.00 ...... 822.00 3/28 4/1 Chile ...... 1,165.00 ...... 1,165.00 Marie Burns ...... 3/22 3/25 Brazil ...... 850.00 ...... 850.00 3/25 3/28 Argentina ...... 822.00 ...... 822.00 3/28 4/1 Chile ...... 1,165.00 ...... 1,165.00 Patricia Paoletta ...... 4/14 4/17 Mexico ...... 400.00 ...... 1,056.83 ...... 1,456.83 Edward Hearst ...... 4/13 4/17 Mexico ...... 500.00 ...... 1,089.83 ...... 1,589.83 Hon. Anna Eshoo ...... 3/31 4/2 Guatemala ...... 378.00 ...... 378.00 4/2 4/6 Jamaica ...... 972.24 ...... 972.24 Hon. Bobby Rush ...... 5/25 5/25 Cape Verde ...... 5/26 5/28 South Africa ...... 501.00 ...... 501.00 5/28 5/30 Angola ...... 688.00 ...... 688.00 5/30 5/30 Zaire ...... 5/30 6/2 Zimbabwe ...... 1,122.00 ...... 1,122.00 Committee total ...... 36,275.24 ...... 3,914.21 ...... 40,189.45 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. TOM BLILEY, Chairman, Apr. 17, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SCIENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. AND MAR. 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. F. James Sensenbrenner ...... 1/2 1/9 India ...... 1,570.00 ...... 6,392.00 ...... 7,962.00 Todd R. Schultz ...... 1/2 1/9 India ...... 1,570.00 ...... 6,392.00 ...... 7,962.00 Hon. George E. Brown ...... 2/13 2/18 Mexico ...... 1,084.00 ...... 608.25 ...... 1,692.25 Michael Quear ...... 2/13 2/18 Mexico ...... 1,084.00 ...... 556.25 ...... 1,640.25 Committee total ...... 5,308.00 ...... 13,948.50 ...... 19,256.50 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JAMES SENSENBRENNER, Chairman, Mar. 17, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO THE NORTH ATLANTIC ASSEMBLY VISIT TO BRUSSELS, BELGIUM, FRANCE, AND THE U.K., HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 14 AND FEB. 22, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Doug Bereuter ...... 2/14 2/16 Belgium ...... $540.00 ...... (3) ...... 2/16 2/17 France ...... 287.00 ...... 2/21 2/22 U.K...... 354.00 ...... $1,181.00 Hon. Gerald Solomon ...... 2/14 2/16 Belgium ...... 540.00 ...... (3) ...... 2/16 2/19 France ...... 861.00 ...... 2/19 2/22 U.K...... 1,062.00 ...... 2,463.00 Hon. Tom Bliley ...... 2/14 2/16 Belgium ...... 540.00 ...... (3) ...... 2/16 2/19 France ...... 861.00 ...... 2/19 2/22 U.K...... 1,062.00 ...... 2,463.00 Hon. Paul Gillmor ...... 2/14 2/16 Belgium ...... 540.00 ...... (3) ...... 2/16 2/19 France ...... 861.00 ...... 2/19 2/22 U.K...... 1,062.00 ...... 2,463.00 Hon. Porter Goss ...... 2/14 2/16 Belgium ...... 540.00 ...... (3) ...... 2/16 2/19 France ...... 861.00 ...... 2/19 2/22 U.K...... 1,027.00 ...... 2,428.00 Hon. Herb Bateman ...... 2/14 2/16 Belgium ...... 540.00 ...... (3) ...... 2/16 2/19 France ...... 861.00 ...... 2/19 2/22 U.K...... 1,062.00 ...... 2,463.00 Hon. Scott McInnis ...... 2/14 2/16 Belgium ...... 540.00 ...... (3) ...... 2/16 2/19 France ...... 861.00 ...... 2/19 2/22 U.K...... 1,062.00 ...... 2,463.00 Hon. Norm Sisisky ...... 2/14 2/16 Belgium ...... 540.00 ...... (3) ...... 2/16 2/19 France ...... 861.00 ...... 2/19 2/22 U.K...... 1,062.00 ...... 2,463.00 H1852 CONGRESSIONAL RECORD — HOUSE March 31, 1998 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO THE NORTH ATLANTIC ASSEMBLY VISIT TO BRUSSELS, BELGIUM, FRANCE, AND THE U.K., HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN FEB. 14 AND FEB. 22, 1998—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Susan Olson ...... 2/14 2/16 Belgium ...... 540.00 ...... (3) ...... 2/16 2/19 France ...... 861.00 ...... 2/19 2/22 U.K...... 1,062.00 ...... 2,463.00 Jo Weber ...... 2/14 2/16 Belgium ...... 540.00 ...... (3) ...... 2/16 2/19 France ...... 861.00 ...... 2/19 2/22 U.K...... 1,062.00 ...... 2,463.00 Martin Sletzinger ...... 2/14 2/16 Belgium ...... 540.00 ...... (3) ...... 2/16 2/19 France ...... 861.00 ...... 2/19 2/22 U.K...... 1,062.00 ...... 2,463.00 Robin Evans ...... 2/14 2/16 Belgium ...... 540.00 ...... (3) ...... 2/16 2/19 France ...... 861.00 ...... 2/19 2/22 U.K...... 1,062.00 ...... 2,463.00 Linda Pedigo ...... 2/14 2/16 Belgium ...... 540.00 ...... (3) ...... 2/16 2/19 France ...... 861.00 ...... 2/19 2/22 U.K...... 1,062.00 ...... 2,463.00 Jim Doran ...... 2/14 2/16 Belgium ...... 540.00 ...... (3) ...... 2/16 2/19 France ...... 861.00 ...... 2/19 2/22 U.K...... 1,062.00 ...... 2,463.00 Ron Lasch ...... 2/14 2/16 Belgium ...... 540.00 ...... (3) ...... 2/16 2/19 France ...... 861.00 ...... 2/19 2/22 U.K...... 1,062.00 ...... 2,463.00 Mark Gage ...... 2/14 2/16 Belgium ...... 540.00 ...... (3) ...... 2/16 2/19 France ...... 861.00 ...... 2/19 2/22 U.K...... 1,062.00 ...... 2,463.00 Total ...... 38,091.00 ...... 38,091.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DOUGLAS BEREUTER, Mar. 5, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO FRANCE, VIETNAM, MALAYSIA AND HOLLAND, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND JAN. 12, 1998

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Uyeˆn T. Dinh ...... 1/ 1/ France ...... 1/6 1/12 Vietnam ...... 1,300.00 ...... 1,300.00 1/12 1/1 Malaysia ...... 350.00 ...... 20.00 ...... 370.00 1/1 1/13 Holland ...... Total ...... 1,650.00 ...... 20.00 ...... 1,670.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. UYEˆN DINH, Mar. 9, 1998.

EXECUTIVE COMMUNICATIONS, agreements, pursuant to 22 U.S.C. 3784(b); to Food Labeling: Nutrient Content Claims, ETC. the Committee on National Security. Definition of Term: Healthy [Docket Nos. 8311. A letter from the Director, Defense 91N–384H and 95P–0241] (RIN: 0910–AA19) re- Under clause 2 of rule XXIV, execu- Procurement, Department of Defense, trans- ceived March 30, 1998, pursuant to 5 U.S.C. tive communications were taken from mitting the Department’s final rule—Defense 801(a)(1)(A); to the Committee on Commerce. the Speaker’s table and referred as fol- Federal Acquisition Regulation Supplement; 8316. A letter from the Deputy Director, lows: Central Contractor Registration [DFARS Regulations Policy and Management Staff, 8307. A letter from the Administrator, Ag- Case 97–D005] received March 30, 1998, pursu- Department of Health and Human Services, ricultural Marketing Service, Department of ant to 5 U.S.C. 801(a)(1)(A); to the Committee transmitting the Department’s final rule— Agriculture, transmitting the Service’s final on National Security. Direct Food Substances Affirmed as Gen- rule—Grapes Grown in a Designated Area of 8312. A letter from the Assistant to the erally Recognized as Safe; Maltodextrin De- Southeastern California; Temporary Suspen- Board, Federal Reserve System, transmit- rived From Rice Starch [Docket No. 91G– sion of Continuing Assessment Rate [Docket ting the System’s final rule—Reserve Re- 0451] received March 27, 1998, pursuant to 5 No. FV98–925–1 FIR] received March 30, 1998, quirement of Depository Institutions [Regu- U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- lation D, Docket No. R–0988] received March Commerce. mittee on Agriculture. 27, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to 8317. A letter from the AMD—Performance 8308. A letter from the Manager, Federal the Committee on Banking and Financial Evaluation and Records Management, Fed- Crop Insurance Corporation, Department of Services. eral Communications Commission, transmit- Agriculture, transmitting the Department’s 8313. A letter from the Assistant to the ting the Commission’s final rule—Technical final rule—General Administrative Regula- Board, Federal Reserve System, transmit- Requirements to Enable Blocking of Video tions; Nonstandard Underwriting Classifica- ting the System’s final rule—Expanded Ex- Programming Based on Program Ratings tion System (RIN: 0563–AB05) received March amination Cycle For Certain Small Insured [ET Docket No. 97–206] received March 30, 30, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Institutions [Regulation H; Docket No. R– 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Committee on Agriculture. 0957] received March 30, 1998, pursuant to 5 Committee on Commerce. 8309. A letter from the Director, Office of U.S.C. 801(a)(1)(A); to the Committee on 8318. A letter from the AMD—Performance Regulatory Mangement and Information, En- Banking and Financial Services. Evaluation and Records Management, Fed- vironmental Protection Agency, transmit- 8314. A letter from the Federal Register Li- eral Communications Commission, transmit- ting the Agency’s final rule—Imidacloprid; aison Officer, Office of Thrift Supervision, ting the Commission’s final rule—Amend- Extension of Tolerance for Emergency Ex- transmitting the Office’s final rule—Ex- ment of the Commission’s Rules Regarding emptions [OPP–300629; FRL–5778–9] (RIN: panded Examination Cycle For Certain Installment Payment Financing For Per- 2070–AB78) received March 30, 1998, pursuant Small Insured Institutions (RIN: 1550–AB02) sonal Communications Services (PCS) Li- to 5 U.S.C. 801(a)(1)(A); to the Committee on received March 30, 1998, pursuant to 5 U.S.C. censees [WT Docket No. 97–82] received Agriculture. 801(a)(1)(A); to the Committee on Banking March 30, 1998, pursuant to 5 U.S.C. 8310. A letter from the Assistant Secretary and Financial Services. 801(a)(1)(A); to the Committee on Commerce. for Legislative Affairs, Department of State, 8315. A letter from the Deputy Director, 8319. A letter from the Acting Director, De- transmitting a report on the transfer of Regulations Policy and Management Staff, fense Security Assistance Agency, transmit- property to the Republic of Panama under Department of Health and Human Service, ting a copy of Transmittal No. 98–A, which the Panama Canal Treaty of 1977 and related transmitting the Department’s final rule— relates to the Department of the Air Force’s March 31, 1998 CONGRESSIONAL RECORD — HOUSE H1853 proposed enhancements or upgrades from the Are Blind Or Severely Disabled, transmitting Mr. LIVINGSTON: Committee on Appro- level of sensitivity of technology or capabil- the Committee’s final rule—Additions to and priations. Report on the Revised Suballoca- ity of defense article(s) previously sold to Deletion from the Procurement List [98–004] tion of Budget Totals for fiscal year 1998 Saudia Arabia, pursuant to 22 U.S.C. received March 30, 1998, pursuant to 5 U.S.C. (Rept. 105–475). Referred to the Committee of 2776(b)(5); to the Committee on International 801(a)(1)(A); to the Committee on Govern- the Whole House on the State of the Union. Relations. ment Reform and Oversight. Mr. DREIER: Committee on Rules. House 8320. A letter from the Acting Director, De- 8332. A letter from the Acting Inspector Resolution 405. Resolution providing for con- fense Security Assistant Agency, transmit- General, Department of the Interior, trans- sideration of the bill (H.R. 2400) to authorize ting a report of enhancement or upgrade of mitting the Department’s Strategic Plan and funds for Federal-aid highways, highway sensitivity of technology or capability for Fiscal Year 1998 Annual Performance Plan, safety programs, and transit programs, and Saudi Arabia (Transmittal No. C–98), pursu- pursuant to Public Law 103—62; to the Com- for other purposes (Rept. 105–476). Referred ant to 22 U.S.C. 2776(b)(5)(A); to the Commit- mittee on Government Reform and Over- to the House Calendar. tee on International Relations. sight. f 8321. A letter from the Assistant Secretary 8333. A letter from the Postmaster General, for Legislative Affairs, Department of State, United States Postal Service, transmitting a TIME LIMITATION OF REFERRED transmitting certification of a proposed li- report of activities under the Freedom of In- BILL cense for the export of defense articles or de- formation Act for the calendar year 1997, fense services sold under a contract with the pursuant to 5 U.S.C. 552(d); to the Committee Pursuant to clause 5 of rule X the fol- Netherlands, pursuant to 22 U.S.C. 2776(c); to on Government Reform and Oversight. lowing action was taken by the Speak- the Committee on International Relations. 8334. A letter from the Acting Assistant er. 8322. A letter from the Assistant Secretary Secretary for Fish and Wildlife and Parks, for Legislative Affairs, Department of State, H.R. 1778. Referral to the Committees on Department of the Interior, transmitting the transmitting notification of a proposed man- Commerce, Transportation and Infrastruc- Department’s final rule—Shenandoah Na- ufacturing license agreement for production ture, and Government Reform and Oversight of major military equipment with Italy tional Park, Recreational Fishing Regula- extended for a period ending not later than (Transmittal No. DTC–46–98), pursuant to 22 tions (RIN: 1024–AC33) received March 27, April 1, 1998. U.S.C. 2776(d); to the Committee on Inter- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the f national Relations. Committee on Resources. 8323. A letter from the Assistant Secretary 8335. A letter from the Associate Adminis- PUBLIC BILLS AND RESOLUTIONS for Legislative Affairs, Department of State, trator for Procurement, National Aero- nautics and Space Administration, transmit- Under clause 5 of rule X and clause 4 transmitting notification of a proposed man- of rule XXII, public bills and resolu- ufacturing license agreement for production ting the Administration’s final rule—Revi- of major military equipment with the United sions to the NASA FAR Supplement on Con- tions were introduced and severally re- Kingdom (Transmittal No. DTC–28–98), pur- tract Administration and Audit Services [48 ferred, as follows: suant to 22 U.S.C. 2776(d); to the Committee CFR Part 1842] received March 30, 1998, pur- By Mr. BOEHNER (for himself and Mr. on International Relations. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- RAMSTAD): 8324. A letter from the Assistant Secretary tee on Science. H.R. 3602. A bill to correct the tariff classi- for Legislative Affairs, Department of State, 8336. A letter from the Deputy Associate fication of 13′′ televisions; to the Committee transmitting notification of a proposed man- Administrator for Procurement, National on Ways and Means. ufacturing license agreement for production Aeronautics and Space Administration, By Mr. STUMP (for himself, Mr. of major military equipment with Switzer- transmitting the Administration’s final EVANS, Mr. STEARNS, and Mr. GUTIER- land (Transmittal No. DTC–29–98), pursuant rule—Revision to NASA FAR Supplement REZ): to 22 U.S.C. 2776(d); to the Committee on Clause— Submission of Vouchers for Pay- H.R. 3603. A bill to authorize major medi- International Relations. ment [48 CFR Part 1852] received March 30, cal facility projects and major medical facil- 8325. A letter from the Assistant Secretary 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the ity leases for the Department of Veterans Af- for Legislative Affairs, Department of State, Committee on Science. fairs for fiscal year 1999, and for other pur- transmitting notification of a proposed man- 8337. A letter from the Chief, Regulations poses; to the Committee on Veterans’ Af- ufacturing license agreement for production Unit, Internal Revenue Service, transmitting fairs. of major military equipment with Italy the Service’s final rule—Last-in, first-out in- By Mrs. CAPPS (for herself and Mr. (Transmittal No. DTC–23–98), pursuant to 22 ventories [Revenue Ruling 98–20] received THOMAS): U.S.C. 2776(b); to the Committee on Inter- March 27, 1998, pursuant to 5 U.S.C. H.R. 3604. A bill to establish the Carrizo national Relations. 801(a)(1)(A); to the Committee on Ways and Plain National Conservation Area in the 8326. A letter from the Assistant Secretary Means. State of California, and for other purposes; for Legislative Affairs, Department of State, 8338. A letter from the Chief, Regulations to the Committee on Resources. transmitting the Department’s report on nu- Unit, Internal Revenue Service, transmitting By Mr. DINGELL (for himself, Mr. clear nonproliferation in South Asia for the the Service’s final rule—Application Proce- GEPHARDT, Mr. BROWN of Ohio, Mr. period of April 1, 1997, through September 30, dures for Qualified Intermediary Status and RANGEL, Mr. STARK, Mr. CLAY, Mr. 1997, pursuant to 22 U.S.C. 2376(c); to the Witholding Agreement [Revenue Procedure PAYNE, Mr. FAZIO of California, Mr. Committee on International Relations. 98–27] received March 30, 1998, pursuant to 5 WAXMAN, Mr. ABERCROMBIE, Mr. 8327. A letter from the Assistant Secretary U.S.C. 801(a)(1)(A); to the Committee on for Legislative Affairs, Department of State, ALLEN, Mr. ANDREWS, Mr. BAESLER, Ways and Means. Mr. BENTSEN, Mr. BERMAN, Mr. BOS- transmitting certification of a proposed li- 8339. A letter from the Secretary of De- cense for the export of defense articles or de- WELL, Mr. BOUCHER, Ms. BROWN of fense, transmitting contingent liabilities of Florida, Mr. BROWN of California, fense services sold under a contract with the United States under the vessel war risk Israel, pursuant to 10 U.S.C. 118; to the Com- Mrs. CAPPS, Mr. CARDIN, Ms. CARSON, insurance program under title XII of the Ms. CHRISTIAN-GREEN, Mrs. CLAYTON, mittee on International Relations. Merchant Marine Act, 1936, pursuant to Pub- 8328. A letter from the Acting Director, De- Mr. CLEMENT, Mr. COYNE, Mr. lic Law 104—201, section 1079(a) (110 Stat. fense Security Assistance Agency, transmit- CUMMINGS, Ms. DEGETTE, Mr. 2670); jointly to the Committees on National ting a report of enhancement or upgrade of DELAHUNT, Ms. DELAURO, Ms. ESHOO, Security and Transportation and Infrastruc- sensitivity of technology or capability for Mr. EVANS, Mr. FILNER, Mr. FORD, ture. United Arab Emirates (Transmittal No. B– Mr. FRANK of Massachusetts, Mr. 8340. A letter from the General Counsel, 98), pursuant to 22 U.S.C. 2776(b)(5)(A); to the FROST, Ms. FURSE, Mr. GEJDENSON, Department of Defense, transmitting a draft Committee on International Relations. Mr. GREEN, Mr. HASTINGS of Florida, of proposed legislation to repeal or reduce 8329. A letter from the Assistant Secretary Mr. HILLIARD, Mr. HINCHEY, Mr. various Congressionally mandated reporting for Legislative Affairs, Department of State, HOYER, Mr. JACKSON, Ms. JACKSON- requirements that the Department of De- transmitting notification of a proposed man- LEE, Ms. EDDIE BERNICE JOHNSON of fense views as being obsolete, unnecessary or ufacturing license agreement for production Texas, Ms. KAPTUR, Mr. KENNEDY of overly burdensome; jointly to the Commit- of major military equipment with Israel Massachusetts, Mrs. KENNELLY of tees on National Security and International (Transmittal No. DTC–26–98), pursuant to 22 Connecticut, Mr. KLINK, Mr. LA- Relations. U.S.C. 2776(d); to the Committee on Inter- FALCE, Mr. LANTOS, Mr. LEWIS of national Relations. f Georgia, Ms. LOFGREN, Mrs. MALONEY 8330. A letter from the Acting Comptroller of New York, Mr. MANTON, Mr. MAR- General, General Accounting Office, trans- REPORTS OF COMMITTEES ON KEY, Mr. MARTINEZ, Mr. MATSUI, Ms. mitting a list of all reports issued or released PUBLIC BILLS AND RESOLUTIONS MCCARTHY of Missouri, Mr. MCGOV- ERN, Ms. MCKINNEY, Mrs. MEEK of in February 1998, pursuant to 31 U.S.C. Under clause 2 of rule XIII, reports of 719(h); to the Committee on Government Re- Florida, Mr. MENENDEZ, Mr. MILLER form and Oversight. committees were delivered to the Clerk of California, Mr. MINGE, Mr. NAD- 8331. A letter from the Executive Director, for printing and reference to the proper LER, Ms. NORTON, Mr. OLVER, Mr. Committee For Purchase From People Who calendar, as follows: OWENS, Mr. PALLONE, Mr. PASCRELL, H1854 CONGRESSIONAL RECORD — HOUSE March 31, 1998

Ms. PELOSI, Mr. PETERSON of Min- country or area for which a United States H.R. 2202: Mr. SMITH of Oregon. nesota, Mr. RAHALL, Ms. RIVERS, Mr. passport is invalid; to the Committee on H.R. 2365: Mr. QUINN and Mr. LAZIO of New ROMERO-BARCELO, Mr. SANDLIN, Mr. International Relations. York. ROTHman, Mr. RUSH, Mr. SABO, Mr. By Mr. PALLONE: H.R. 2409: Mr. MCDADE. SANDERS, Mr. SAWYER, Mr. SERRANO, H.R. 3612. A bill to designate the United H.R. 2568: Mr. RUSH. Ms. STABENOW, Mr. STRICKLAND, Mr. States Post Office located at 60 Third Ave- H.R. 2665: Mr. BROWN of California and Mr. STUPAK, Mr. THOMPSON, Mrs. THUR- nue in Long Branch, New Jersey, as the ‘‘Pat RODRIGUEZ. MAN, Mr. TOWNS, Ms. VELAZQUEZ, Mr. King Post Office Building‘‘; to the Commit- H.R. 2760: Ms. STABENOW. VENTO, Mr. WEXLER, Mr. WEYGAND, tee on Government Reform and Oversight. H.R. 2819: Ms. PRYCE of Ohio, Mr. KENNEDY Mr. WISE, Ms. WOOLSEY, Mr. WYNN, By Mr. WATTS of Oklahoma (for him- of Massachusetts, and Mr. SAM JOHNSON. and Mr. YATES): self, Mr. CUNNINGHAM, Mr. THORN- H.R. 2869: Mr. BONILLA. H.R. 3605. A bill to amend the Public BERRY, Mr. MICA, Mr. INGLIS of South H.R. 2871: Mr. BONILLA. Health Service Act, the Employee Retire- Carolina, Mr. CANNON, Mr. BARR of H.R. 2873: Mr. BONILLA. ment Income Security Act of 1974, and the Georgia, Mr. RIGGS, Mr. HANSEN, Mr. H.R. 2875: Mr. BONILLA. Internal Revenue Code of 1986 to protect con- GOODE, Mr. NORWOOD, Mr. HUNTER, H.R. 2879: Mr. BONILLA. sumers in managed care plans and other Mr. FILNER, Mr. PICKERING, Mr. SES- H.R. 2881: Mr. BONILLA. health coverage; to the Committee on Com- SIONS, Mr. MCCOLLUM, Mr. METCALF, H.R. 2990: Mr. BOUCHER, Mr. MCGOVERN, merce, and in addition to the Committees on Mr. GIBBONS, Mr. RYUN, Mr. ENSIGN, and Mr. TORRES. Ways and Means, and Education and the Mr. BILBRAY, Mr. FOX of Pennsyl- H.R. 3081: Mr. KOLBE, Mr. BARRETT of Wis- Workforce, for a period to be subsequently vania, Mr. BOEHLERT, Mrs. EMERSON, consin, and Mr. MILLER of California. determined by the Speaker, in each case for Mr. COOK, Mr. JENKINS, Mr. ENGLISH H.R. 3107: Mr. SCARBOROUGH. consideration of such provisions as fall with- of Pennsylvania, Mrs. CHENOWETH, H.R. 3140: Mr. SCARBOROUGH, Mr. in the jurisdiction of the committee con- Mr. PALLONE, Mr. BARTLETT of Mary- CHAMBLISS, Mr. SHIMKUS Mr. GIBBONS, and cerned. land, Mr. MCINTYRE, Mr. CONDIT, Mr. Mr. SANDLIN. By Mr. CONYERS (for himself and Mr. REDMOND, Mrs. LINDA SMITH of Wash- H.R. 3168: Mr. TIERNEY. BARRETT of Wisconsin): ington, Mr. BAKER, Mr. COSTELLO, H.R. 3181: Ms. JACKSON-LEE and Mr. REYES. H.R. 3606. A bill to provide for drug testing Mr. ROYCE, Mr. LOBIONDO, and Ms. H.R. 3205: Mrs. KELLY, Mr. SESSIONS, Mr. of and interventions with incarcerated of- GRANGER): THOMPSON, and Mr. BORSKI. fenders and reduce drug trafficking and re- H.R. 3613. A bill to amend title 10, United H.R. 3217: Mr. MATSUI. lated crime in correctional facilities; to the States Code, to permit certain beneficiaries H.R. 3279: Ms. DANNER. Committee on the Judiciary. of the military health care system to enroll H.R. 3290: Mr. BLILEY, Mr. ROMERO- By Mr. CONYERS (for himself and Mr. in Federal employees health benefits plans; BARCELO, Mr. BOUCHER, and Mr. LEWIS of HYDE): to the Committee on National Security, and California. H.R. 3607. A bill to provide grants to grass- in addition to the Committee on Government H.R. 3293: Mr. LEWIS of Georgia, Mrs. TAUSCHER, and Mr. MCGOVERN. roots organizations in certain cities to de- Reform and Oversight, for a period to be sub- velop youth intervention models; to the sequently determined by the Speaker, in H.R. 3318: Mr. BOEHLERT, Mr. HOLDEN, Mr. JOHN, Ms. KILPATRICK, Mr. LARGENT, and Mr. Committee on the Judiciary, and in addition each case for consideration of such provi- WATTS of Oklahoma. to the Committee on Education and the sions as fall within the jurisdiction of the H.R. 3376: Mr. UPTON and Ms. FURSE. Workforce, for a period to be subsequently committee concerned. H.R. 3382: Mr. PORTER. determined by the Speaker, in each case for By Mr. WOLF (for himself, Mr. DAVIS H.R. 3396: Mr. BLILEY, Mr. DREIER, Mr. consideration of such provisions as fall with- of Virginia, Mrs. MORELLA, Mr. in the jurisdiction of the committee con- YOUNG of Alaska, Mr. KLINK, Mr. FATTAH, MORAN of Virginia, Ms. WOOLSEY, Mr. Mr. WALSH, Mr. RAHALL, Mr. VISCLOSKY, Mr. cerned. SKEEN, Mr. BURTON of Indiana, and WAMP, Mr. SPENCE, Mr. CALVERT, Mr. By Mr. CRAMER (for himself, Mr. Mr. WYNN): CONDIT, and Mr. FORBES. ABERCROMBIE, Mr. PARKER, and Mr. H.R. 3614. A bill to amend title 5, United H.R. 3400: Mr. THOMPSON and Mrs. MALONEY WICKER): States Code, to extend certain procedural of New York. H.R. 3608. A bill to amend the Omnibus and appeal rights to employees of the Fed- H.R. 3470: Mr. CLYBURN, Mr. KANJORSKI, Crime Control and Safe Streets Act of 1968 to eral Bureau of Investigation; to the Commit- and Ms. LOFGREN. provide that certain employees of Federal, tee on Government Reform and Oversight. H.R. 3474: Ms. PELOSI. State and local emergency management and By Mr. CONYERS: H.R. 3506: Mrs. MALONEY of New York, Mr. civil defense agencies may be eligible for cer- H. Con. Res. 256. Concurrent resolution ex- GIBBONS, Mr. HOUGHTON, Mr. OXLEY, Mr. tain public safety officers death benefits, and pressing the sense of Congress with regard to QUINN, Mr. WATTS of Oklahoma, Mr. GOOD- for other purposes; to the Committee on the Lifer Groups; to the Committee on the Judi- LATTE, Mr. RAMSTAD, Mr. YOUNG of Florida, Mr. MCKEON, Mrs. FOWLER, Mr. PORTMAN, Judiciary. ciary. Mr. ENGLISH of Pennsylvania, Mr. PASTOR, By Ms. DEGETTE: By Mr. GILMAN (for himself, Mr. HAM- H.R. 3609. A bill to ban the importation of Mr. CALVERT, Mr. MCGOVERN, Mr. FROST, Mr. ILTON, Mr. BEREUTER, Mr. SMITH of large capacity ammunition feeding devices, FOLEY, Mr. BOEHLERT, Mr. UPTON, and Mr. New Jersey, Mr. BERMAN, Mr. ROHR- BASS. and to extend the ban on transferring such ABACHER, Mr. MENENDEZ, and Mr. H.R. 3513: Mr. HEFNER, Mr. SPRATT, Ms. devices to those that were manufactured be- FALEOMAVAEGA): WATERS, and Mrs. CAPPS. fore the ban became law; to the Committee H. Res. 404. A resolution commemorating H.R. 3524: Mr. LEWIS of Georgia and Mrs. on the Judiciary. 100 years of relations between the people of THURMAN. By Mr. GREENWOOD (for himself, Mr. the United States and the people of the Phil- H.R. 3545: Mr. HOLDEN. MANTON, Mr. PAXON, Mr. ENGEL, Mr. ippines; to the Committee on International H.R. 3551: Mr. FROST and Mr. YATES. OXLEY, Mr. NORWOOD, Mr. SHIMKUS, Relations. f H.R. 3553: Mr. FRANK of Massachusetts and Mr. STUPAK, Mr. BOEHLERT, Mr. SOL- Mr. WYNN. OMON, Mr. KING of New York, Mrs. ADDITIONAL SPONSORS H.R. 3567: Mr. DOYLE. MCCARTHY of New York, Mr. HOLDEN, Under clause 4 of rule XXII, sponsors H.R. 3571: Mrs. MEEK of Florida and Mr. Mr. MCDADE, Mr. ANDREWS, Mrs. FROST. ROUKEMA, Mr. GEKAS, Mrs. KENNELLY were added to public bills and resolu- H. Con. Res. 210: Mr. ENGLISH of Pennsyl- of Connecticut, Mr. MCHALE, Mr. tions as follows: vania. FRELINGHUYSEN, Mr. EHRLICH, Mr. H.R. 74: Mr. EVANS, Mr. JEFFERSON, Mr. H. Con. Res. 247: Mr. FROST, Mr. MCNULTY, PAPPAS, Mr. WELDON of Pennsyl- WYNN, and Mr. RUSH. and Mr. SANDLIN. vania, Mr. ACKERMAN, Mr. CARDIN, H.R. 86: Mr. PAUL. H. Con. Res. 249: Mr. SNYDER, Mr. COOK, Mr. HOYER, Mr. NEAL of Massachu- H.R. 347: Mr. BARR of Georgia. and Mr. RUSH. setts, Mr. OLVER, Mr. GOODE, Mr. H.R. 1047: Ms. CARSON. H. Con. Res. 250: Mr. KILDEE, Mr. WAXMAN, ROEMER, Mr. FOX of Pennsylvania, H.R. 1121: Mr. SMITH of Michigan. and Mr. BILIRAKIS. Mr. MEEKS of New York, Mr. BASS, H.R. 1126: Mr. KLINK. H. Con. Res. 252: Ms. KAPTUR, Mr. HOLDEN, EYGAND and Mr. BALDACCI): H.R. 1154: Ms. SANCHEZ. and Mr. W . H.R. 3610. A bill to authorize and facilitate H.R. 1173: Mr. BASS, Ms. ESHOO, Mr. ORTIZ, H. Res. 399: Mr. MCINTOSH and Mr. FOX of Pennsylvania. a program to enhance training, research and Mr. SAWYER, Mr. STOKES, Mr. DOYLE, and Mr. development, energy conservation and effi- WAXMAN. f ciency, and consumer education in the H.R. 1371: Mr. THOMPSON. DELETIONS OF SPONSORS FROM oilheat industry for the benefit of oilheat H.R. 1375: Mr. RODRIGUEZ. PUBLIC BILLS AND RESOLUTIONS consumers and the public, and for other pur- H.R. 1376: Mr. ENGEL. poses; to the Committee on Commerce. H.R. 1531: Mr. MCGOVERN. Under clause 4 of rule XXII, sponsors By Mr. KING of New York: H.R. 1858: Mr. MEEKS of New York. were deleted from public bills and reso- H.R. 3611. A bill to prohibit United States H.R. 2174: Mr. TORRES, Mr. PASCRELL, Mr. lutions as follows: citizens from traveling into or through a TRAFICANT, and Mr. DELAHUNT. H. J. Res. 111: Mr. PORTER. 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, TUESDAY, MARCH 31, 1998 No. 39 Senate The Senate met at 9:30 a.m. and was 30 minutes of debate equally divided, RESERVATION OF LEADER TIME called to order by the President pro with a vote occurring on or in relation The PRESIDING OFFICER. Under tempore (Mr. THURMOND). to the amendment at approximately the previous order, leadership time is 10:30 a.m. Following that vote, the Sen- reserved. PRAYER ate will resume debate of the Murray f The Chaplain, Dr. Lloyd John amendment, No. 2165. Ogilvie, offered the following prayer: During today’s session of the Senate, CONGRESSIONAL BUDGET FOR Lord of history, we gain perspective Members can anticipate debate on a THE UNITED STATES GOVERN- on the perplexities of the present by re- number of amendments expected to be MENT FOR FISCAL YEARS 1999, membering how Your power has been offered to the budget resolution. Any 2000, 2001, 2002, AND 2003 released in response to prayer in the Members wishing to offer amendments The PRESIDING OFFICER. Under past. Gratefully, we remember Your should contact the managers with their the previous order, the Senate will now answers to prayers seeking Your intentions. Any Members, I repeat, resume consideration of S. Con. Res. 86, strength in struggles and Your courage wishing to offer amendments should which the clerk will report. in crises. We remember those times contact the managers with their inten- The assistant legislative clerk read when Your guidance brought consensus tions. as follows: out of conflict and creative decisions In addition, the Senate may consider A concurrent resolution (S. Con. Res. 86) out of discord. any executive or legislative business setting forth the congressional budget for Once again, we need Your divine cleared for Senate action. Therefore, the United States Government for fiscal intervention and inspiration. Watch Members can anticipate a very busy years 1999, 2000, 2001, 2002, and 2003 and revis- over the Senators as they unite in day of floor action. As a reminder to ing the concurrent resolution on the budget seeking Your best for the future of our all Senators, the first vote will occur for fiscal year 1998. Nation. Give them strength to commu- at approximately 10:30 a.m. The Senate resumed consideration of nicate their perception of truth with Mr. President, the distinguished Sen- the concurrent resolution. mutual respect and without rancor. We ator from Indiana, Senator COATS, Pending: are of one voice in asking for Your wishes a few moments on the Sessions Murray amendment No. 2165, to establish a blessing on this Senate as it exercises sense-of-the-Senate resolution. He can- deficit-neutral reserve fund to reduce class the essence of democracy in its vital not be here at 10 or later, which is the size by hiring 100,000 teachers. debates. You have been our Guide over time prescribed for discussion on that Sessions/Enzi amendment No. 2166, to ex- press the sense of Congress that the Federal the years of United States Senate his- resolution, so I ask consent it be in order for the distinguished Senator Government should acknowledge the impor- tory, and we trust You to lead us for- tance of at-home parents and should not dis- ward today. Through our Lord and Sav- from Indiana to discuss this sense-of- criminate against families who forego a sec- ior. Amen. the-Senate resolution that Senator ond income in order for a mother or father to f SESSIONS offered before 10 o’clock, as be at home with their children. he arrives on the Senate floor. I will Gregg amendment No. 2167, to express the RECOGNITION OF THE ACTING yield time to him off our side of the sense of the Senate that this resolution as- MAJORITY LEADER bill at that point. sumes that no immunity from liability will The PRESIDENT pro tempore. The The PRESIDING OFFICER (Mr. be provided to any manufacturer of a to- bacco product. HUTCHINSON). Without objection, it is able acting majority leader, the distin- Gregg/Conrad amendment No. 2168 (to guished Senator from New Mexico. so ordered. amendment No. 2167), of a perfecting nature. f Mr. DOMENICI. Mr. President, I sug- Kyl amendment No. 2169, to express the gest the absence of a quorum. sense of the Congress regarding freedom of SCHEDULE The PRESIDING OFFICER. The health care choice for medicare seniors. Mr. DOMENICI. Mr. President, on be- clerk will call the roll. Conrad (for Dodd) amendment No. 2173, to half of the leader, I announce that this The assistant legislative clerk pro- establish a deficit-neutral reserve fund for morning the Senate will resume con- ceeded to call the roll. child care improvements. sideration of S. Con. Res. 86, the budget Mr. DOMENICI. Mr. President, I ask Conrad/Lautenberg/Bingaman/Reed amend- ment No. 2174, to ensure that the tobacco re- resolution. Under a previous unani- unanimous consent that the order for serve fund in the resolution protects public mous consent agreement, at 10 a.m. the the quorum call be rescinded. health. Senate will resume consideration of The PRESIDING OFFICER. Without Conrad (for Moseley-Braun) amendment the Sessions amendment, No. 2166, with objection, it is so ordered. No. 2175, to express the sense of the Senate

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

S2781 S2782 CONGRESSIONAL RECORD — SENATE March 31, 1998 regarding elementary and secondary school work hours, comptime and other of the home. We need to make sure modernization and construction. profamily benefits that many Federal that it is available to parents, but we Conrad (for Boxer) amendment No. 2176, to employees currently enjoy. We learned also need to make sure that what is increase Function 500 discretionary budget what children have is what Dr. Stanley available to parents is maximum authority and outlays to accommodate an initiative promoting after-school education Greenspan calls ‘‘irreducible needs.’’ choices in terms of how they determine and safety. He indicated the studies have shown the best way to raise their children. Brownback amendment No. 2177, to express there is a significant concern that our They need to be treated equally, and the sense of the Senate regarding economic society ‘‘has begun to advocate out-of- the experts tell us that they need to be growth, Social Security, and Government ef- home care as the desired option rather treated equally because ultimately this ficiency. than as a backup system for those who is the best for children. We recognize Burns amendment No. 2178, to express the need it.’’ that not every working family can af- sense of the Senate regarding the use of agri- According to experts like Jay Belsky ford a stay-at-home parent, but we also cultural trade programs to promote the ex- port of United States agricultural commod- of Penn State University, prolonged ex- recognize and need to understand that ities and products. posure to out-of-home care can have what the experts are telling us is that very serious results on long-term child The PRESIDING OFFICER. Under this is the preferred option, this is the development, because it impacts ad- the previous order, the time until 10 option for which we ought to be provid- versely on the way a child relates and a.m. shall be equally divided between ing incentives. bonds with his mother. It appears to This sense-of-the-Senate amendment the two managers. have a negative impact on maternal Mr. DOMENICI. Mr. President, I sug- before us today is a way that we as a sensitivity to the child, which is criti- gest the absence of a quorum with the body can recognize that fact and we cal, as these experts have said, to child time to be equally charged. can endorse, so that in our debates development. The PRESIDING OFFICER. Without about how we expand the Tax Code, in These are facts, Dr. Belsky said, that objection, it is so ordered. The clerk our debates about how we address work are overwhelming and should not be will call the roll. policies, in our process of determining dismissed. He said they—this early The assistant legislative clerk pro- what is best for children, we will focus interaction and bonding between moth- ceeded to call the roll. on what is best for children and look at er and child—are as profound as the ef- Mr. COATS. Mr. President, I ask the balance that is necessary to ad- fects of child care on cognitive and so- unanimous consent that the order for dress those families that want a parent cial development. to stay at home and take care of their the quorum call be rescinded. We have invested very heavily in the The PRESIDING OFFICER. Without children, primarily because that is question of child care, but we ought to objection, it is so ordered. what is best for children. If we are be wary of proposals which fail to ad- talking about cognitive development, AMENDMENT NO. 2166 dress the needs and desires of a major- if we are talking about social develop- Mr. COATS. Mr. President, I would ity of American children and American ment, we are talking about uniting like to take just a few moments, no families. So instead of choosing to pro- parents and children at the earliest more than 5 minutes, if that is accept- mote a continuation of the current sys- stages of their lives. able, to speak about the pending tem, we ought to look at what these There is no child care provider who amendment. experts are telling us and at least try can provide what a motivated mother Mr. President, just a couple of weeks to find a way to balance what we do to and informed mother can provide for ago I was privileged to chair a congres- provide incentives for parents who their child. There is no child care pro- sional symposium on the question of often, at considerable financial sac- vider who can provide the love and nur- child care and parenting held by the rifice, choose to stay home with their turing necessary for the development Subcommittee on Children and Fami- children, particularly in the early of that child, and we need to have in- lies. The purpose was to examine many months and early years. centives built into our law that don’t of the issues surrounding the whole We need to talk about positive fam- discriminate against but actually en- question of child care and the needs of ily-friendly policies, extended job courage and enhance that selection. America’s working families. leaves, part-time work, flextime, Mr. President, I am pleased to sup- We tried to do what very few policy- comptime, job sharing, telecommu- port the amendment of Senator SES- makers do these days. Instead of start- nicating and other corporate policies SIONS that we will shortly be voting on ing with an assumption that a certain which allow families to have more time and trust that it will receive an over- program and place ought to just be ex- with children, not less time with chil- whelming bipartisan encouragement panded, we went back to the basics, dren. and affirmation. back to fundamentals. We asked the We ought to encourage ways in which I yield the floor. questions: What do the experts think is we can increase parental involvement Mr. DOMENICI addressed the Chair. best for children? What do families through tax fairness. Anybody who The PRESIDING OFFICER. The Sen- think is best for them? What do they studies the Tax Code knows it is the ator from New Mexico. think they need? Politics aside, special families raising children that are most Mr. DOMENICI. Mr. President, I say interests aside and, in the best of all discriminated against in our Tax Code. to Senator COATS, I was very hopeful worlds, if we were starting over, where We have often allowed more tax cred- that in spite of your schedule you would we start? its, as a former Representative used to would have time to speak here this What we learned from that sympo- say, for breeding racehorses than for morning. Your staff spoke to us about sium, convening experts from all across raising children, because we penalize it. I am very pleased you did that. the political spectrum, different phi- families that choose to stay home with Mr. COATS. I thank the Senator losophies represented, but experts in their children by narrowly linking tax from New Mexico for providing the the field, including mothers who have benefits to day care expenses. The de- time. spent a great deal of time raising their pendent-care tax credit says that the Mr. DOMENICI. The reason I am is families and studying these issues is more time you spend away from your because I really believe when it comes that families want more time with children, the more time in out-of-home to this issue, while there are many peo- their children, not less time. They care, the greater the expense, the ple involved and many people who want Government to allow them to greater the credit. work on the issue, I listened ten- keep more of their hard-earned dollars The Sessions amendment, which I am tatively to the Senator’s observations so that they have more choices in here to advocate support for and vote and his rationale, his common sense terms of how they spend those dollars, for, is a good first step, hopefully the applied to it, and I think he articulated rather than deciding here that we are beginning of an extensive congressional the very best American approach to just simply going to spend more money recognition of the importance of at- this. on new programs or new bureaucracies. home care. While we may not be able to get pol- We learned that they want to rely We do need a strong, quality child icy adopted that accomplishes that—it less on child care, to have more flexible care program for parents who work out is always difficult—I compliment the March 31, 1998 CONGRESSIONAL RECORD — SENATE S2783 Senator from Indiana because, indeed, I All forms of day care touch on one of parents who utilize it deserve some rec- think what he said today and what he our Nation’s most important re- ognition. said before is right for the country and sources—our children. If Congress is se- This amendment is supported by right for our children and right for the rious about addressing day care, then Democrats and Republicans alike. That American system of work, people work- we must do so in a fairminded way and is how families are, and it should pass ing to get ahead and people who want not exclude at-home care from the de- unanimously. I encourage all Members to take care of their children instead of bate. It is unfortunate that at-home of the Senate to read this amendment, going to work for part of their lives. I care has not received its day in the cosponsor it, and vote in favor of its really commend him for that. spotlight. There are more families that passage. Mr. COATS. I thank the Senator. fit this mold than I think many of us Mr. President, I yield the floor. Mr. DOMENICI. Mr. President, even are aware. Mr. SMITH of Oregon addressed the though it is 5 minutes of 10 and the We have an opportunity through this Chair. order said we will start debating the body to change that and should change The PRESIDING OFFICER (Mr. SES- Sessions amendment at 10, I ask unani- it in any way we can. Conditions are SIONS). The Senator from Oregon. mous consent that, since we already difficult for two-income families. It is Mr. SMITH of Oregon. Mr. President, discussed it, we start the discussion even harder for single working moms I rise to associate myself with the com- now and it be equally divided over the to raise children. Few would argue dif- ments of my friend from Wyoming and next 30 minutes. ferently. as a strong supporter of the Sessions The PRESIDING OFFICER. Without To be fair, however, we must not amendment, a sense-of-the-Senate objection, it is so ordered. imply that families who choose to keep amendment, on the importance of at- Under the previous order, the Senate one parent at home with their children home parents and the Government role will now resume consideration of the are not making any sacrifices. They in child care. Sessions amendment No. 2166, on which are sacrificing, too. For years, the I am a proud cosponsor of this there shall be 30 minutes of debate subtext of Federal family policy is that amendment and thank Senator SES- equally divided. everyone should work and that the bur- SIONS, the Senator from Alabama, for Mr. DOMENICI. I note the presence den of accommodation should be on his leadership in this area. The Clinton of the sponsor of the amendment, Sen- those parents who choose to stay at child care policy is always a direct or ator SESSIONS, on the floor. home to raise their children. But if the indirect subsidy to the marketplace Mr. ENZI addressed the Chair. debate revolves around the quality of day care industry. The President only The PRESIDING OFFICER. The Sen- care our children receive, we must seeks to help a small portion of work- ator from Wyoming. modify existing Federal policy and end ing parents, ruling out those who wish Mr. ENZI. Mr. President, I am one of this senseless discrimination. to stay at home and take care of a the cosponsors of the amendment. I If we are really concerned about the child and those who do not want to use yield myself 5 minutes for comments. quality of care for our children, then the marketplace day care. The PRESIDING OFFICER. The Sen- single-income families should be for- Government policy ought not to dis- ator is recognized for 5 minutes. mally recognized. America’s tax burden criminate against the best form of Mr. DOMENICI. Mr. President, I has grown so large in many instances child care—where a child is taken care want to make sure that he does speak, that a second parent has to work just of by his or her parents or family. I be- but time is controlled. to pay the family’s tax burden. lieve that the Federal Government The PRESIDING OFFICER. That is A 1993 survey found that more than should subsidize the family, just as it correct. 50 percent of working women would subsidizes the workplace, giving money Mr. DOMENICI. The sponsor is on the stay at home if money were not an back to the family. The family can floor, and he controls the time. Will issue. These parents should not be dis- make the best choices in child care. At Senator SESSIONS designate that to me criminated against by their own Fed- best, President Clinton’s day care pol- for now to try to use our time? eral Government simply because they icy is only a subsidy of another work- Mr. SESSIONS. I will be pleased for sacrifice greater financial gain for place, the institutionalized day care in- Senator ENZI to have 5 minutes. their children. dustry. Mr. DOMENICI. All right. The financial penalty inherent in Mr. President, I will soon be intro- The PRESIDING OFFICER. The Sen- having one parent stay at home to ducing legislation to change the Tax ator from Wyoming is recognized for 5 raise their children is large indeed. I do Code to put stay-at-home parents on at minutes. not believe that a majority of single- least an equal footing with two-income Mr. ENZI. Mr. President, I am an income families pursue such an ar- families. My legislation will increase original cosponsor of the Sessions rangement because they can easily af- the current $500 per child tax credit to sense-of-the-Congress amendment No. ford it. They do it because they believe $1,500 per child for children up to 6 2166. I firmly believe that the at-home it is best for their kids. They do it as years of age. This credit would replace parents who forgo a second income so a conscious decision. It should not be the current dependent-care tax credit that one parent can raise their children the work of this body to second-guess with real money that directly benefits do deserve some formal recognition by their judgments and their values. families and restores equality and fair- their Federal Government. That is a Parents who decide to forgo a second ness in child care. tough decision for parents to make, but income so that one parent might be at I think this is an important piece of it is one that is being made every day, home during their children’s formative legislation, Mr. President. And if, in and it is making a difference to kids. years incur quite an expense, as several fact, we go forward in this session of All this sense-of-the-Congress amend- Members of my own staff can attest. Congress and the President’s idea ment does is to give some extra empha- And I am proud of them for the sac- comes forward—an idea that costs sis to say to parents, if you are making rifices that they are making. But I do roughly $20 billion—then I suggest my this decision, consider it carefully, not think it is fair, when we talk about bill ought to replace it. My bill ought consider having one of the parents Federal policy, that we should build a to replace it because it does not dis- forgo their income and stay at home special policy that discriminates criminate between stay-at-home par- and make a better life for the kids. The against them. We should be encourag- ents or those who choose to work. It af- purpose of it isn’t to make anybody ing that kind of behavior. fects each of them equally, because feel guilty. The purpose of it is simply It is quite clear that at-home care is they all have children and needs with to make sure that when we are build- beneficial to our Nation’s kids. If this respect to those children. ing basic policy, that basic policy in- viable alternative is excluded from de- Mr. President, I thank again Senator cludes families and basic policy in- bate, then the message this body sends SESSIONS for bringing this important cludes an emphasis on families, and about the quality of care for America’s issue to the floor as part of the budget basic policy makes it possible, in any children is shortsighted, at best. This resolution. I urge every Senator to way that we can do it, of keeping par- amendment is geared to provide the strongly support his amendment. I ents with their kids. recognition that at-home care and the yield the floor. S2784 CONGRESSIONAL RECORD — SENATE March 31, 1998 Mr. SESSIONS addressed the Chair. care of. That is 13 percent. They have We talk a good game, but when the The PRESIDING OFFICER (Mr. no benefit under the current law or the chips are down we often find reasons ENZI). The Chair recognizes the Sen- President’s proposal. not to follow through on our commit- ator from Alabama. The mother is employed—employed— ments. I believe this is good public pol- Mr. SESSIONS. Mr. President, I am and the care is by the father or the icy. I believe it is a resolution that sets very proud of the excellent comments mother—12 percent. the tone for this Congress. The House that have been made by a group of dis- For all of these, only this group gets has passed a similar resolution, 419–0. I tinguished Senators today regarding compensation. That is not good policy. think that says something. I believe this amendment. It is not an itty-bitty This Congress, this Government in this body will be virtually unanimous, matter; it is a very serious matter. And America ought to adopt public policy if not unanimous. After that, we are it reflects a reevaluation by this body that in fact encourages our highest and going to have to talk with Senator of the priorities we are placing on help- best choices. We ought to do that, and SMITH and other Members of this body ing families raise children. It reflects a I think we can do that. to figure out a way to implement that change in what we have been doing, be- Now, to point out the unfairness of policy. cause we have been, in fact, subsidizing it, look at this chart. This is where a It is a challenge to all the commit- one form of child care, a form of child husband and a wife are employed, both tees that are going to be dealing with care used by only a few American fami- of them employed, one may not be full these issues. They are going to have to lies, and have been taxing all the other time. Their average income is $57,000. reflect this view. I hope that they will. American families to support that one Where there is a dual-earner family, If they don’t, we need to stand up and form, which is institutional public day both husband and wife work and are say we are not going to pass or support care essentially. And I do not believe employed full time, their average sal- legislation that is not consistent with that is good policy. ary is $64,000. this resolution that treats all parents But where you have a single earner, a As Senator COATS mentioned earlier, equally. husband is employed and the wife not mothers want, if they are given a Mr. President, thank you for the employed, and the husband may not be choice, to be at home with their chil- time. employed full time—and many do not dren, for the most part, during their I thank my fellow Senators for their have full-time jobs; they cannot get formative years. We know that. Sci- support for this resolution. I believe it them—their average income is $38,000. entists and people also, who have stud- is a great step forward in improving Where the husband is employed and child care and development in Amer- ied this, have concluded that it is bet- the wife is not employed, the husband ter for them to be at home, when they ica. Thank you, and I yield the floor. is employed full time, the average in- Mr. DODD. Mr. President, I would can. So we need to subsidize and sup- come is $42,000. like to applaud the Senator from Ala- port equally all forms of child care, if You see the difference. We are subsi- bama for focusing attention on the im- we do so, and we ought to do it in a dizing this choice. We are not subsidiz- portant concerns of stay-at-home par- way that allows parents the choices ing this choice where parents stay at ents. I have said repeatedly, and con- that they prefer. home. That is not good public policy, tinue to believe, that the best child All right. Let me just mention, first, and I think we need to change it. care providers, particularly in the ear- the background on which we are oper- I congratulate Senator SMITH, who liest months and years, are parents. ating. This is from the census report, just spoke, because he is asking us to Clearly, where both parents must the last census report. This is titled: consider what we are going to do to work, we should try to help them pro- ‘‘Patterns of Child Rearing for Children eliminate this imbalance. I think he vide the best possible care of their chil- Under Age 5.’’ has thought the matter through, and dren. However, we should also help par- The mother is not employed; the care he has come up with some conclusions ents who make the difficult decision to is by the mother in the home—almost that he has put in legislation to which forego a second income so that one par- 50 percent; 48 percent of mothers with this body needs to give serious ent can stay at home to care for a children under age 5 raise them in their thought. child. home. The President’s proposal in cur- Of course, this resolution basically That is the reason why I introduced rent law provides no benefit for those does not suggest a solution to the prob- legislation, S. 1610, the Child Care AC- families—zero—even though they may lem. It just says we are going to set a CESS Act, that will, for the first time, be giving up substantial income be- policy here to change the way we have extend the Dependent Care Tax Credit cause the mother has been in the work- been doing business. I think we ought to parents who stay at home to care for place before and chooses to stay at to affirm parents who, after prayerful, their young children. In fact, this piece home because they believe, after pray- careful, serious thought among them- of legislation, co-sponsored by 26 of my erful thought and concern in the fam- selves, conclude that it is best for their Democratic colleagues, does more for ily, that this is the best way to raise children to forgo a second income and stay-at-home parents than any other their children. We ought to affirm that. stay at home. I think we ought to af- proposal that has been introduced. We ought not to penalize that by tax- firm that with public policy. Only this legislation would extend this ing the decision to support this deci- Finally—I know my time is about important financial assistance to stay- sion. up—this is a matter of significance. I at-home parents earning less than The mother is employed, and the have been delighted to see Senators $30,000. For such families, the financial child is in a group day care preschool calling our office the last 2 days want- sacrifice of forgoing a second income is program—16 percent. That is what we ing to sign on as cosponsors of this severe. They certainly deserve as have been subsidizing. That is the amendment. While I was on the floor much, if not more, support in staying group we have been subsidizing. You yesterday, three Senators asked me home to care for their children as fami- have the mother who is working, but could they join as a cosponsor of this lies earning more than $30,000. the child is taken care of by a nonrel- amendment. It has broad bipartisan Mr. President, if we are serious about ative, somebody in the home. Maybe it support—Democrats and Republicans. I helping parents who want to be home is a nanny who comes and stays in hope we have a unanimous vote on this with their children, we should also their home and takes care of the chil- issue. promptly enact an expansion of the dren because parents feel, where pos- But what I want to say is this: Do Family and Medical Leave Act of 1993. sible, they would like their children to not sign on as a cosponsor, do not vote I have introduced legislation which grow up in their home and have the for this resolution, if you are not pre- would extend the benefits of the Fam- stability and the confidence that comes pared to back it up by votes on the ily and Medical Leave Act to allow an from that kind of environment. And 11 floor when we start setting tax policy additional 13 million parents to stay at percent do that. They get no benefits and we start appropriating funds. If home for up to 12 weeks to care for a under this proposal. you are not prepared to support this newborn or sick child without fear of The mother is employed and the care philosophy, do not sign on because that job loss. is by a relative, an aunt, a mother, a is what erodes public confidence in I think we would all agree that we grandmother or sister. They are taken America. must support all parents —mothers and March 31, 1998 CONGRESSIONAL RECORD — SENATE S2785 fathers—in the decisions they make, My personal observations of the peo- those were the proper kinds of func- whether it is to work in the paid labor ple I associate with, that my children tions to be going on in the household. force, to stay home with their children, have gone to school with, are that peo- Things were modest, but people accept- or do some of each. Indeed, many par- ple are questioning the mentality that ed their fate and tried to work their ents move in and out of the labor force it is always best for both parents to way out of it. In 1993, what we tried to at different points in their children’s work, and they are making different do was to establish the opportunity for lives—depending on the ages and needs decisions. It is time for us to have Gov- a family to take care of their kids. We of their children and their financial sit- ernment policy that reflects that. I am secured an expansion of the earned-in- uations. All families deserve our help very pleased with the bipartisan sup- come tax credit, giving a refund to in raising the next generation of Amer- port this amendment is receiving. I those people who just didn’t make icans. We must invest in our future if think it reflects a serious reevaluation enough to care for their families. In that future is to hold promise for our on behalf of this Congress on how to 1996, we secured an increase in the min- children, for our families, and for our spend money in aid of children. I solicit imum wage. Last year, we won the country. the support of all Senators for this $500-per-child tax credit. The PRESIDING OFFICER. Who amendment. Now, all of these initiatives put more yields time? I yield the floor. money in the pockets of American Mr. SESSIONS. Mr. President, I sug- The PRESIDING OFFICER. The workers, and I, as a Democrat, and gest the absence of a quorum. Chair recognizes the Senator from New those of us who are Democrats were The PRESIDING OFFICER. The Jersey. happy to see that. This is not to sug- clerk will call the roll. Mr. LAUTENBERG. I want to clarify gest that many of our Republican The legislative clerk proceeded to exactly where we are, what the sched- friends were not happy, but it put a call the roll. ule calls for. Democratic stamp on these programs. I Mr. SESSIONS. Mr. President, I ask The PRESIDING OFFICER. The Sen- am sure, again, many of our colleagues unanimous consent that the order for ate is voting on Sessions amendment on the other side of the aisle support the quorum call be rescinded. No. 2166 at 10:30. The remaining time is it. These things have made a real dif- The PRESIDING OFFICER. Without under the control of the Senator from ference. Also, the Family and Medical objection, it is so ordered. New Jersey. Leave Act, signed into law by Presi- Mr. SESSIONS. With regard to the Mr. LAUTENBERG. I am pleased to dent Clinton, has given parents the amendment we have been discussing support the amendment that the dis- flexibility to take time off to care for this morning and the fact that families tinguished Senator from Alabama of- a newborn or a sick child. When it are choosing to give up a second in- fers, because I think we all share the comes to helping working moms, I come in order that they may have a view that if a parent can stay at think we are all on the same page. parent stay home with their children home—mother can stay at home, typi- Once again, I commend Senator SES- in the early, formative years, I want to cally—then that is the best way to go SIONS for offering this amendment. I share a few thoughts with this body. and there ought not to be any discrimi- am pleased to support it. As I traveled my State last month nation against that kind of a policy or I yield the floor. and I discussed this issue, time and program. But people are forced, be- Mr. SESSIONS. I express my appre- time again families would come up to cause of the pressure on incomes, to ciation to the Senator from New Jersey me after my remarks and say, ‘‘Thank often look for the second or even the for his support. you for saying that. We made that third job in the household. I add as original cosponsors of this exact decision in our family. My wife As we examine the programs that legislation the names of Senators ROTH had worked, and she decided she want- will promote the parents at home, I and KAY BAILEY HUTCHISON, who have ed to stay home with the children think we have to consider this amend- asked to be cosponsors. I ask unani- while they are young. It costs us a lot ment as an indication of where we all mous consent they be added as cospon- of money. We don’t regret it. We are stand. The amendment, as I see it, sim- sors. glad you have considered us raising ply affirms the view that families The PRESIDING OFFICER. Without children and you believe we ought to should not be punished for their child objection, it is so ordered. have a fair shake in that regard.’’ care choice. There is no better baby- Mr. SESSIONS. I yield the floor. My wife taught school for 4 years. sitter, no better caregiver, than the The PRESIDING OFFICER. The Sen- When we had children, we made a deci- mother of the child. I don’t think any- ator from Oregon. Mr. SMITH of Oregon. I wonder, Sen- sion she would cease teaching. I was one will disagree with that. ator LAUTENBERG, if I could offer three able to have a decent income and take Democrats are proud of our long amendments now—not speaking to care of the family. We were not rich, record of helping families with a stay- them, but allowing them to be read. but that was a decision we made, and at-home parent to make ends meet. Mr. LAUTENBERG. I have no objec- we were very glad we did that. In fact, When you got to a particular vintage, tion to the Senator from Oregon offer- we probably would not have qualified kind of like mine—advanced middle- ing his amendments, but we are on a for benefits under this program because age, I think we call it—it was typical, 10:30 schedule and I think it is impor- this would be a program favoring lower regardless of the difficulty that existed tant we preserve that schedule. income people. financially in the household; somehow I am happy to yield the floor to the Additionally, I wanted to share some or other it all came together. Senator from Oregon. numbers with the Members of this My mother was widowed when she AMENDMENT NO. 2179 body. According to the most recently was 36. I had already enlisted in the Mr. SMITH of Oregon. I send an available data from the Census Bureau, Army. I had a little sister at home. amendment to the desk and ask for its a dramatically different picture is Mom managed to take care of my sis- immediate consideration. showing up than the one many would ter, get a modest allotment from my The PRESIDING OFFICER. The project. The facts show that although military pay, and at the same time clerk will report. day care use did increase rapidly have a job. She made all those arrange- The legislative clerk read as follows: through the 1980’s, the increase in the ments, and my sister was never ne- The Senator from Oregon [Mr. SMITH] pro- use of day care has come to a halt. The glected and grew up a happy, fulfilled poses an amendment numbered 2179. percentage of children under age 5 with person, as did my mother and I. But Mr. SMITH of Oregon. I ask unani- employed mothers nearly doubled from things are different now. We live in a mous consent reading of the amend- the mid-1970’s through 1998, but in sub- pressure-cooker world where people ment be dispensed with. sequent years maternal employment just can’t seem to get by unless there The PRESIDING OFFICER. Without remained fixed. In 1994, the last year are multiple jobs in the household. For objection, it is so ordered. recorded by the Census, the percentage the middle-income family, it is not The amendment is as follows: of preschool children with employed atypical. At the appropriate place in the bill, insert mothers was still 52 percent, the same So Democrats, maybe we kind of the following new section, and renumber the as it was in 1998. harken back to a different day and say remaining sections accordingly: S2786 CONGRESSIONAL RECORD — SENATE March 31, 1998 SEC. . SENSE OF THE SENATE ON SOCIAL SECU- amendment on an issue that has be- The result was announced—yeas 96, RITY TAXES. come of great concern to me and to nays 0, as follows: (A) FINDINGS.—The Senate finds that— (1) financing for Social Security Old Age, many in my State, the legalization of [Rollcall Vote No. 49 Leg.] Survivors, and Disability Insurance (OASDI) marijuana for medical use. I will speak YEAS—96 is provided primarily by taxes levied on to this later. Abraham Faircloth Lott wages and net self-employment income. The AMENDMENT NO. 2181 Akaka Feingold Lugar level of these tax rates is set permanently in (Purpose: To express the sense of the Senate Allard Feinstein Mack the law at the rate payable today; Ashcroft Ford McCain concerning increases in the prices of to- Baucus Frist McConnell (2) more than ninety-five percent of the bacco products) work force—an estimated 148.2 million work- Biden Glenn Moseley-Braun Mr. SMITH of Oregon. I send an addi- Bingaman Gorton Moynihan ers in 1998—is required to pay Social Secu- tional amendment to the desk. Bond Graham Murkowski rity taxes; Boxer Gramm Murray (3) Social Security taxes are paid both by The PRESIDING OFFICER. The Breaux Grams Nickles employees and employers and the self-em- clerk will report. Brownback Grassley Reed ployed on earnings up to a maximum amount The legislative clerk read as follows: Bryan Gregg Reid of $68,400 in 1998, the amount increasing at The Senator from Oregon [Mr. SMITH] pro- Bumpers Hagel Robb the same rate as average earnings in the poses an amendment numbered 2181. Burns Harkin Roberts Byrd Helms Rockefeller economy; Mr. SMITH of Oregon. Mr. President, Campbell Hollings Roth (4) the Social Security tax was first levied I ask unanimous consent reading of the Chafee Hutchinson Santorum in 1937 at a rate of 1% on earnings up to Cleland Hutchison Sarbanes $3,000 per year; amendment be dispensed with. Coats Inouye Sessions (5) the rate in 1998 has risen to 6.2 The PRESIDING OFFICER. Without Cochran Jeffords Shelby perecent—an increase of 620 percent, and a objection, it is so ordered. Collins Johnson Smith (NH) majority of American families pay more in The amendment is as follows: Conrad Kempthorne Smith (OR) Social Security taxes than income taxes; On page 53, strike lines 1 through 22 and in- Coverdell Kennedy Snowe Craig Kerrey Specter (6) in his State of the Union message on sert the following: January 27, 1998, President Clinton called on D’Amato Kerry Stevens SEC. 316. SENSE OF THE SENATE ON PRICE IN- Daschle Kohl Thomas Congress to ‘‘save Social Security first’’ and CREASE ON TOBACCO PRODUCTS. DeWine Kyl Thompson to ‘‘reserve one hundred percent of the sur- (a) FINDINGS.—The Senate finds that— Dodd Landrieu Thurmond plus, that is any penny of the surplus, until (1) the use of tobacco products by children Domenici Lautenberg Torricelli we have taken all the necessary measures to and teenagers has become a public health Dorgan Leahy Warner strengthen the Social Security system for epidemic and according to the Centers for Durbin Levin Wellstone Enzi Lieberman Wyden the twenty-first century.’’ Disease Control and Prevention, more than (b) SENSE OF THE SENATE.—It is the sense 16,000,000 of our Nation’s children today will NOT VOTING—4 of the Senate that the provisions of this res- become regular smokers; Bennett Inhofe olution assume that when the Congress (2) of the 16,000,000 children who become Hatch Mikulski moves to work in a bipartisan way on spe- regular smokers, approximately one-third or NOT VOTING—4 cific legislation to reform the Social Secu- 5,000,000 children will die of tobacco-related rity system, it will not consider increasing illness; Bennett Inhofe Social Security tax rates on American work- (3) the Centers for Disease Control and Pre- Hatch Mikulski ers, beyond the permanent levels set in cur- vention reports that tobacco use costs medi- The amendment (No. 2166) was agreed rent law nor increase the maximum earnings care approximately $10,000,000,000 per year, to. subject to Social Security taxation beyond and the total economic cost of tobacco in Mr. KENNEDY addressed the Chair. those prescribed by the wage indexing rules health-related costs is more than The PRESIDING OFFICER (Mr. of current law. $100,000,000,000 per year; and SMITH of Oregon). The Senator from Mr. SMITH of Oregon. Briefly, Mr. (4) the public health community recognizes Massachusetts. President, this amendment is a very that by increasing the cost of tobacco prod- Mr. KENNEDY. Mr. President, I ask simple sense of the Senate on Social ucts by $1.50 per pack, the rate of tobacco use among children and teenagers will be re- unanimous consent that the pending Security that says that when we act to amendments be temporarily set aside save Social Security, we will not be duced. (b) SENSE OF THE SENATE.—It is the sense for up to 1 minute so that I may offer doing so by increasing Social Security of the Senate that the provisions of this res- three amendments to be sequenced just taxes. olution assume that, if comprehensive to- as the Senator from Oregon did for his AMENDMENT NO. 2180 bacco legislation requires an increase in the three amendments before the vote. (Purpose: To clarify Federal law with respect price of cigarettes, any such revenue should The PRESIDING OFFICER. Is there to the use of marijuana) be used to restore solvency to the medicare objection? Mr SMITH of Oregon. I send an program under title XVIII of the Social Se- Mr. DOMENICI. Reserving the right amendment to the desk. curity Act. to object. What was the request? The PRESIDING OFFICER. The Mr. SMITH of Oregon. Briefly, this Mr. KENNEDY. It was to temporarily clerk will report. amendment is a sense of the Senate re- set aside, for 1 minute, the pending The legislative clerk read as follows: garding the use of tobacco revenue to amendment so I may offer three The Senator from Oregon [Mr. SMITH] pro- restore the solvency of the Medicare amendments to be sequenced just as poses an amendment numbered 2180. Program, an amendment similar to the the Senator from Oregon did for his Mr. SMITH of Oregon. I ask unani- one that Senator LAUTENBERG intro- three amendments before the vote. I mous consent reading of the amend- duced in the Budget Committee. ask that they be sequenced in an order ment be dispensed with. I yield the floor. that would be satisfactory to the mi- The PRESIDING OFFICER. Without VOTE ON AMENDMENT NO. 2166 nority leader. objection, it is so ordered. The PRESIDING OFFICER. The Mr. DOMENICI. I have no objection. The amendment is as follows: question is on agreeing to the amend- The PRESIDING OFFICER. Without At the end of title III, add the following: ment numbered 2166. objection, it is so ordered. SEC. . GENERAL PROHIBITION ON THE USE OF The yeas and nays have been ordered. AMENDMENTS NOS. 2183 THROUGH 2185, EN BLOC MARIJUANA FOR MEDICINAL PUR- The clerk will call the roll. Mr. KENNEDY. Mr. President, I send POSES. The legislative clerk called the roll. three amendments to the desk and ask It is the Sense of the Senate that the pro- Mr. NICKLES. I announce that the visions of this resolution assume that no for their immediate consideration. Senator from Utah (Mr. BENNETT), the funds appropriated by Congress should be The PRESIDING OFFICER. The used to provide, procure, furnish, fund or Senator from Utah (Mr. HATCH), the clerk will report. support, or to compel any individual, institu- Senator from Oklahoma (Mr. INHOFE) The legislative clerk read as follows: tion or government entity to provide, pro- are necessarily absent. The Senator from Massachusetts [Mr. KEN- cure, furnish, fund or support, any item, I further announce that, if present NEDY], for himself and Mrs. BOXER, proposes good, benefit, program or service, for the and voting, the Senator from Utah (Mr. amendments numbered 2183 through 2185, en purpose of the use of marijuana for medici- HATCH) would vote ‘‘yea.’’ bloc. nal purposes. Mr. FORD. I announce that the Sen- Mr. KENNEDY. Mr. President, I ask Mr. SMITH of Oregon. Briefly, Mr. ator from Maryland (Ms. MIKULSKI) is unanimous consent that reading of the President, this is a sense-of-the-Senate necessarily absent. amendments be dispensed with. March 31, 1998 CONGRESSIONAL RECORD — SENATE S2787 The PRESIDING OFFICER. Without On page 16, line 14, increase the amount by lies and their neighborhoods and com- objection, it is so ordered. $146,000,000. munities across this country. The amendments are as follows: On page 16, line 17, increase the amount by Mr. President, I believe one of the $386,000,000. main principles that this country was AMENDMENT NO. 2183 On page 16, line 18, increase the amount by (Purpose: To express the sense of the Senate $276,000,000. founded on was that of education, pub- concerning the enactment of a patient’s On page 16, line 21, increase the amount by lic education, the ability for every bill of rights) $359,000,000. child in this country, no matter who At the end of title III, add the following: On page 16, line 22, increase the amount by they are, where they come from, what SEC. ll. SENSE OF THE SENATE CONCERNING A $358,000,000. their financial background is, to have a PATIENT’S BILL OF RIGHTS. On page 16, line 25, increase the amount by strong education, an education that (a) FINDINGS.—Congress finds that— $272,000,000. will allow them to learn how to read, On page 17, line 1, increase the amount by (1) patients lack reliable information how to write, how to participate in a about health plans and the quality of care $359,000,000. that health plans provide; On page 25, line 8, strike ‘‘¥$300,000,000’’ democracy, and how to be a contribut- (2) experts agree that the quality of health and insert ‘‘¥$500,000,000.’’ ing citizen to our economy once they care can be substantially improved, resulting On page 25, line 9, strike ‘‘¥$1,900,000,000’’ have reached the adult age. in less illness and less premature death; and insert ‘‘¥$1,910,000,000.’’ Mr. President, I think it is very (3) some managed care plans have created On page 25, line 12, strike ‘‘¥$1,200,000,000’’ shocking that this budget which sits obstacles for patients who need to see spe- and insert ‘‘¥$1,518,000,000.’’ before us and the policies we are about cialists on an ongoing basis and have re- On page 25, line 13, strike ‘‘¥$4,600,000,000’’ to put in place say to students and quired that women get permission from their and insert ‘‘¥$4,746,000,000.’’ On page 25, line 16, strike ‘‘¥$2,700,000,000’’ their parents across this country that primary care physician before seeing a gyne- education is no longer a top priority in cologist; and insert ‘‘¥$3,086,000,000.’’ (4) a majority of consumers believe that On page 25, line 17, strike ‘‘¥$3,000,000,000’’ this country. I think that is a terrible health plans compromise their quality of and insert ‘‘¥$3,276,000,000.’’ message and one that we have to care to save money; On page 25, line 20, strike ‘‘¥$3,800,000,000’’ change with this budget today. Now is (5) Federal preemption under the Employee and insert ‘‘¥$4,159,000,000.’’ the time. Retirement Income Security Act of 1974 pre- On page 25, line 21, strike ‘‘¥$7,000,000,000’’ Mr. President, it is amazing to me vents States from enforcing protections for and insert ‘‘¥$7,358,000,000.’’ that in the fiscal year 1998 budget, the On page 25, line 24, strike ‘‘¥$5,400,000,000’’ the 125,000,000 workers and their families re- entire budget—look at this chart—2 ceiving health insurance through employ- and insert ‘‘¥$5,672,000,000.’’ On page 25, line 25, strike ‘‘¥$5,000,000,000’’ percent of our entire Federal budget ment-based group health plans; and goes to education. Yet, when you ask (6) the Advisory Commission on Consumer and insert ‘‘¥$5,359,000,000.’’ Protection and Quality in the Health Care parents and families and people across Industry has unanimously recommended a AMENDMENT NO. 2185 this country whether or not we are patient bill of rights to protect patients (Purpose: Expressing the sense of Congress spending enough on education, only 9 against abuses by health plan and health in- regarding additional budget authority for percent of this country think we are surance issuers. the Equal Employment Opportunity Com- spending too much; only 26 percent (b) SENSE OF THE SENATE.—It is the sense mission.) think we are spending the right Senate that the assumptions underlying this At the appropriate place, insert the follow- amount; and 58 percent of the people in resolution provide for the enactment of leg- ing: islation to establish a patient’s bill of rights this country believe we are spending SEC. . SENSE OF CONGRESS REGARDING EQUAL too little on education. Mr. President, for participants in health plans, and that EMPLOYMENT OPPORTUNITY COM- legislation should include— MISSION. I could not agree more. (1) a guarantee of access to covered serv- It is the sense of Congress that the func- Two percent of our budget is not ices, including needed emergency care, spe- tional totals in this concurrent resolution on enough. It is not enough funds for our cialty care, obstetrical and gynecological the budget assume that the Equal Employ- children, and it is the wrong message care for women, and prescription drugs; ment Opportunity Commission should re- in this country, where we believe that (2) provisions to ensure that the special ceive $279,000,000 in budget authority for fis- democracy will survive if every one of needs of women are met, including protect- cal year 1999. our children has the access they need ing women against ‘‘drive-through Mr. KENNEDY. Mr. President, I ask to a quality education—be it public or mastectomies’’; that the three amendments be (3) provisions to ensure that the special private. But in particular, in terms of needs of children are met, including access sequenced after amendments to be of- what we spend here in the Nation’s to pediatric specialists and centers of pedi- fered by Senators HOLLINGS, LAUTEN- Capital for students across this coun- atric excellence; BERG and DASCHLE, and that they alter- try, it is far too little. (4) provisions to ensure that the special nate with Republican amendments, in The amendment that we now have needs of individuals with disabilities and the whatever form—— before us simply establishes a deficit- chronically ill are met, including the possi- The PRESIDING OFFICER. Is there neutral reserve fund for class size im- bility of standing referrals to specialists or objection? provement, especially in the early the ability to have a specialist act as a pri- Mr. DOMENICI. Yes. I object. I mary care provider; grades. It was used as an offset for any (5) a procedure to hold health plans ac- thought your request was that you available mandatory savings or reve- countable for their decisions and to provide send them to the desk and that they be nues, with the exception of tobacco for the appeal of a decision of a health plan sequenced as the leadership is sequenc- revenues. What this amendment does is to deny care to an independent, impartial re- ing in a manner we consider to be fair. put in place a placeholder, if you will, viewer; Mr. KENNEDY. That is exactly what in the budget so when this Congress be- (6) measures to protect the integrity of the I am requesting. gins to listen to parents and students physician-patient relationship, including a Mr. DOMENICI. I thank the Senator. and families and teachers and commu- ban on ‘‘gag clauses’’ and a ban on improper AMENDMENT NO. 2165 incentive arrangements; and nities across this country, we will have (7) measures to provide greater informa- The PRESIDING OFFICER. Under a placeholder in the budget that we can tion about health plans to patients and to the previous order, the Senate will re- at our discretion put available funds improve the quality of care. sume consideration of the Murray into to make sure that we address the amendment No. 2165. issue of class size. AMENDMENT NO. 2184 The Senator from Washington is rec- I know that class size reduction (Purpose: To increase Function 500 discre- ognized. makes a difference. Every parent in tionary budget authority and outlays to Mrs. MURRAY. Mr. President, we are this country knows that, every teacher support innovative education reform ef- about to consider, I believe, one of the knows that, businesses know that, and forts in urban and rural school districts) most important amendments that this communities know that. And through- On page 16, line 9, increase the amount by body faces. It has to do with public out this morning’s debate, I will talk $200,000,000. On page 16, line 10, increase the amount by education and the direction that this about what parents say, what students $10,000,000. Congress, this Senate, this budget is say, and what teachers say, because I On page 16, line 13, increase the amount by going in that will affect the lives of believe if we begin to fundamentally $318,000,000. thousands of students and their fami- address the issue of class size and the S2788 CONGRESSIONAL RECORD — SENATE March 31, 1998 tremendous loads in our classrooms actually, I argue, after that, in colleges I thank the Senator from Washing- today, we will begin to address the and universities as well—smaller class ton, Senator MURRAY, for being the critical need of education and make a sizes make a huge difference. With a leader on this issue of class size for tremendous difference for our country smaller class size, we have an oppor- public schools. She and I share the in the future. tunity to get to know our teachers, same commitment to public education Mr. President, at this time, I will they say, to have more rapport with and believe strongly that the Federal yield such time as he may need to Sen- teachers. Our teachers can give us Government has a limited but very im- ator WELLSTONE to speak on behalf of more special attention. We have an op- portant role in supporting public edu- this amendment, and then I will go portunity to have teachers that can cation. into detail about my amendment and fire our imagination, teachers that are Today’s resolution, Mr. President, is what I want to do in this budget. really free to teach. And teachers say very important because it dem- The PRESIDING OFFICER. The Sen- it as well. onstrates a commitment by the U.S. ator from Minnesota is recognized. So let me just be clear with col- Senate to dedicate available Federal Mr. WELLSTONE. I thank the Chair. leagues. I remember when I first came funds to reduce class size in the earli- First of all, let me thank Senator MUR- here—and I haven’t changed my view est grades. RAY for her leadership. Senator MUR- at all, I say to my colleague from Parents, teachers and school admin- RAY has an unusual background. She Washington—I was debating with a istrators are increasingly aware of the comes to the U.S. Senate having been a good friend, Senator HATCH from Utah. very positive impact smaller class size teacher. I said to the Senator from Utah, ‘‘I just can have on student achievement. It is Mr. President, if I might ask the Sen- feel that this debate is ahead of the about time that the Senate goes on ator, what level did she teach? I believe story.’’ When you can come to the record in support of smaller classes for it was elementary school or preschool. floor, or any Senator can come to the our public school children in the earli- Mrs. MURRAY. Mr. President, I floor, and say we have made the com- est grades. taught at the community college level, mitment to public education—we made The positive impact of smaller class- parent education, and I taught pre- the commitment to smaller class size; es came to my attention in my State of Wisconsin, and that is because Wiscon- school, 4- and 5-year-olds. we made the commitment to making sin, as is often the case in public edu- Mr. WELLSTONE. Mr. President, my sure that children, by kindergarten, cation, has been a leader on this issue. colleague from Washington really come ready to learn; made the commit- In 1995, the Wisconsin State Legisla- brings to this debate her own life expe- ment by way of equity financing to ture created the successful pilot pro- rience, both at the higher education schools in districts where people don’t gram called the Student Achievement level, training other men and women to have all the financial resources, don’t Guarantee in Education program, be teachers, and also herself having have the good facilities and the text- taught really at the critical age, in the known as the SAGE program. books, the buildings are in disrepair; Wisconsin’s SAGE program has dem- very early years of a child’s education. we made the commitment to summer We don’t have that many Senators onstrated again and again what we institutes for teachers to meet other really know instinctively: Students in with this background. I think all of us teachers and get renewed and fired up are lucky that the State of Washington smaller classes benefit from more at- about teaching—we have made all tention from teachers, and teachers has sent Senator MURRAY here to the those commitments, and it still isn’t U.S. Senate. Quite often when we get with fewer students will have more working, then I say let’s consider time and energy to devote to their into these discussions, they are very something else. abstract and very theoretical and all jobs. But we have an amendment on the A December 1997 study found that the about strategy. But Senator MURRAY floor that Senator MURRAY has now in- first-graders participating in the Wis- has really lived this debate. She brings, troduced, based upon her own life’s consin SAGE program scored higher on I think, a special expertise and a spe- work, upon what people in commu- standardized tests than other students cial passion. I wish more Senators, as nities around the country tell us is im- in comparison schools. we get into this debate, could draw portant for their children, tell us what It is my hope that the SAGE program from the same kind of background. is important to them—that is to get and this budget resolution offered by Mr. President, I did not teach at the some additional Federal resources back the Senator from Washington reinforce elementary school level or early child- at the school district level to reduce what should be good common sense. If hood development; I was a college class sizes, so all of our children have you have smaller classes, children will teacher. But in the last 7 years I tried an opportunity to do well in school, all get more attention from teachers, and my very best to be in schools around of our children have an opportunity to it stands to reason that more attention the country, but in the main in Min- reach their full potential. No one will translate into greater learning. nesota. I think I have been in a school amendment, no one expenditure of In supporting this resolution, Mr. probably about every 2 weeks. What I money accomplishes this goal. President, I want to clearly state that try to do is turn these assemblies or I say to my colleague from Washing- I believe there is a great national pur- classes—and there can be anywhere ton that I thank her for being out here pose in trying to reduce class sizes for from 100 or 200 to 1,000 students and on the floor with this amendment, be- children in the earliest grades. How- teachers and support staff in town cause this is a concrete step that can ever, I do not support a national man- meetings like all of us have in our make a very positive difference in the date for smaller classes. Instead, I sup- States. I say to the students, look, it is improvement of the lives of children in port smaller classes as a national goal kind of like everybody is talking about our country. that would be primarily controlled by you but very few people are talking to I yield the floor. the local government and local school you or with you. Give me your best Mrs. MURRAY. Mr. President, I yield boards and the administrators. wisdom as to what would make for the 5 minutes to the Senator from Wiscon- Additionally, I want to be sure that best education reform. What makes for sin. any distribution formula for the funds a good education from your point of The PRESIDING OFFICER. The Sen- that would become available to reduce view? I say to my colleague from Wash- ator from Wisconsin is recognized. class size should give credit to States, ington, by coming to the floor with Mr. FEINGOLD. I thank the Senator like my State of Wisconsin, which have this amendment, she is right on target. from Washington. I speak in strong already invested substantial resources Students talk about smaller class size favor of her amendment. The resolu- in this effort. everywhere I go. tion offers a deficit-neutral reserve Finally, I want to again stress the Now, I personally think—and my col- fund for class size improvement. Spe- importance of this resolution being league from Washington mentioned cifically, it states that if funds become deficit neutral. The Senator from this—that especially at the elementary available, budget levels may be ad- Washington has been sensitive to that. school level, small class sizes really justed for legislation to improve, or in The resolution is deficit neutral. The make a huge difference. I think actu- effect lower, class size for students, es- days of deficit spending and borrowing ally as you look at from K through 12— pecially in the earliest grades. from Social Security have to be over. March 31, 1998 CONGRESSIONAL RECORD — SENATE S2789 To conclude, Mr. President, I think grade. They both have spent their en- they have to do, but one that they got this resolution takes a very positive tire K–12 years in public education. I a jump-start with from the Federal step toward helping school districts re- am a product of public education. level, it would make it easier for them duce class size as a part of an overall Today my daughter is a senior in and a priority for them to do what we effort to improve education and ensure high school, and she is my best adviser are asking them to do and what they that our children have the best chance about what is happening in our public know they need to do. to excel and reach their full potential. education system. And what they say I come here today as a budget writer Let me finally thank the Senator from to me—what my daughter and my son in the U.S. Senate. I have served on the Washington again. I have heard her say to me—is, it is difficult to learn national budget-writing committee for speak both publicly and privately on the skills that they need when they are 5 years. I have worked diligently to re- this issue of class size. She speaks with in crowded classrooms. They do not get duce the deficit and to make sure that experience, but she also speaks with the attention they need in math or we put our priorities in place. That is great feeling and eloquence on this sub- science or English, and they tell me why, when I look at the budget that is ject. She knows what she is talking that there is what they call ‘‘hall rage’’ on the floor today, I say the priorities about, and she is a great force in the in our classrooms because of crowded are not in the right place. My amend- Senate and in the Congress on this classrooms with a lot of kids in our ment simply puts aside a reserve fund issue. classrooms. It tends to generate a lot so that when this Congress begins to do I thank the Chair. of frustration and rage among our chil- what parents are asking them to do Mrs. MURRAY addressed the Chair. dren, and safety is a concern. across this country, and to make this a The PRESIDING OFFICER. The Sen- Mr. President, as Senator WELLSTONE national priority, we have in place a ator from Washington. said, I come here as an educator. I am deficit-neutral account that we can Mrs. MURRAY. Mr. President, I a former community college instruc- begin to put funds in so that we can ad- thank my colleagues from Minnesota tor. I taught parent education, and I dress this absolutely critical issue. and Wisconsin for their support of this also taught preschool. I had in my I have told you what my personal ex- issue, for their understanding of this class twenty-four 4- and 5-year-olds. I perience is. You have heard from sev- issue, for their backing and their com- know what a difference it makes when eral of my colleagues. But most impor- mitment to making sure that we set as you reduce the number of children that tantly, studies back up what I have a priority in this country the issue of are in a classroom. just told you. A 1989 study of the Ten- education and, most critically, the When I had 18 children in my class- nessee STAR Program, which com- issue of class size across this country. room, I could take the individual time pared the performance of students in Mr. President, I came to the Senate 5 that I needed to work with these young grades K through 3 in small and regu- years ago. And I was frustrated when I children to help them get a grasp on lar-sized classes, found that students in came, and I felt that leaders in Wash- the alphabet, to begin to learn to spell small classes—13 to 17 students—sig- ington, DC, were not really dealing their names, to understand the world nificantly outperformed other students with the issues that I talked about and around them, to sit down in groups in math and reading every year at all I worried about at home at my kitchen with other children and learn how to grade levels across geographic areas. table every night 2,500 miles away in ‘‘get along’’ —a skill too many kids do Mr. President, I have heard a number the State of Washington. not have today. I know what happened of my colleagues come to the floor and I have to say that over the past 5 the next year when I had 24 children in worry and fret over the fact that stu- years we have begun to make progress my class—much less individual atten- dents are not graduating from high and talk about the real issues that ev- tion; it became no longer teaching, it school with the skills they need to get eryday families talk about at their became crowd control. into the job market. Class size makes a kitchen tables every night. Certainly I know as a teacher that reducing difference in their ability to get these we have finally balanced the budget class size, particularly in the young skills. The studies show it. The follow- and stopped deficit spending, some- grades, will make a difference for chil- up study of the STAR Program in 1995 thing that families worry about. But, dren across this country. found that students in small classes in more importantly, we have faced issues I also come here with experience grades K through 3 continued to out- such as family medical leave that al- being a school board member. I have perform their peers at least through lows parents to take time off from managed budgets at the school district grade 8 with achievement advantages, their jobs to take care of a sick child. level. I know how tough those decisions especially large for minority students. We have put 100,000 police officers on are. I know how difficult it is to meet Class size reduction makes a dif- the streets because many families the demands that everyday school dis- ference. How long are we going to ig- across this country at their kitchen ta- tricts have. As a school board director nore these studies on the floor of the bles worry about the safety of their in a suburban district, I was frustrated Senate? How long are we going to say families on a daily basis. We have ad- with the lack of funding that we got. no, not here? dressed some of those critical issues We were frustrated with the lack of Other State and local studies have and much more. priority that education had at the Fed- since found that students in smaller But today on the floor of the Senate, eral level, and we were constantly frus- classes outperform their peers in read- I can say with certainty that this Con- trated that we could not do the right ing and math, they perform as well or gress, under this proposed budget, is thing. better than students in magnet or badly missing the mark when it comes I can tell you, as a schoolboard mem- voucher schools, and that gains are es- to addressing the most important con- ber who has managed thousands of dol- pecially significant among African cern that every parent faces today and lars in education funding at the local American males. The studies back up every family talks about at their level, this amendment, this goal, this what my experience shows, and the kitchen table at night. Families ask: direction for our country, is badly studies back up what every single Sen- Will my child get a good education? needed. ator and Congressman says that they Will my child get the attention they I also come here as a former State have as a goal today, which is to im- deserve? Will they be safe? Will they be senator. I served on the budget-writing prove math and science and reading taught the skills they need to get a job committee in my State senate. I know skills across this country. in tomorrow’s economy? Those are the what a priority education is for our But we do not just have to listen to kitchen table conversations that worry States, and I know how difficult it is what the studies say; we should listen every single family in this country. for them to address this issue. My to what parents say. When any parent Mr. President, I can tell you today I State of Washington has the fourth is sitting there the afternoon that feel absolutely confident that I can worst class size in the Nation. their child comes home from their very speak to this issue with a lot of back- If my State and other States across first day of school in September, there ground and understanding. I came to this country were told that this was a are two questions that every single the Senate with a daughter who was in national priority and one that they parent in every household across this 7th grade and a son who was in 10th would not just be told is a priority country asks their child on that first S2790 CONGRESSIONAL RECORD — SENATE March 31, 1998 day of school when they come home. I took some time to talk to some of I yield to the Democratic ranking They say: ‘‘Who is your teacher? How those young students over the past sev- member at this time for a statement. many students are in your classroom?’’ eral weeks about class size and what is Mr. LAUTENBERG. I will try not to Who is your teacher? Universal ques- happening in their schools and what take more than 5 minutes, but I appre- tions in every home across this coun- could make a difference. Christopher ciate having 5 minutes. try. Why? Because parents know that Shim, who is a 17-year-old from Mercer The PRESIDING OFFICER. The Sen- who that teacher is and the quality of High School, said, ‘‘In elementary ator from New Jersey. that teacher is critical to their child’s school, I actually felt I was pretty Mr. LAUTENBERG. I rise in support learning for the next entire 9 months: lucky. I was able to get personal time of the Murray amendment because it ‘‘How many children are in your with the teacher, even though we had very simply focuses on a problem that classroom?’’ Every single parent intu- 30–35 students in my elementary class- is of critical importance. It establishes itively knows that their child will get rooms.’’ He continued, ‘‘In high school, a deficit-neutral reserve fund to help a better education the smaller the I have 40 people in my calculus class. reduce class sizes. I have to commend class size. And I can tell you, when This means any time I have a question, the Senator from Washington because that student answers, ‘‘35 children, 40 there are 10 people in line.’’ her focus on children extends to the children,’’ that parent feels, ‘‘This is Mr. President, we stand out here on whole range, from nutrition, health, not going to be a great year.’’ Parents the floor of the Senate and we talk education, and child care. She is right, know that the skills their child needs about how important it is for our in my view, to bring this amendment to succeed will be better learned in a young people to get math and science up before the Senate, and now before smaller class size. And that is why skills, and yet here is a student who the American people. they ask on the first day of school, says when he needs help with a ques- What she is saying is young people ‘‘How many students are in your class- tion in calculus, there are 10 people need more attention from their teach- room?’’ consistently in line. Smaller class sizes ers and thus the class size reduction is Parents today are also concerned make a difference. a perfect avenue toward getting them about children’s safety. No surprise. I had another student who said to more attention. The capacity for the And I can tell you as a teacher, and I me, ‘‘In [my] high school civics class, child to learn increases when class know that every parent knows, that if there is only one teacher teaching two sizes are smaller. a teacher has the ability to listen to classes of 40 students each. It’s harder Once again, I commend our friend their children, to work with their chil- to get through the curriculum and get and colleague from Washington. She is dren, to prepare their children, and to answers to your questions.’’ one among several of our colleagues really get to know those young people Mr. President, consistently students who call education focus of their agen- in their classrooms, their safety will be gave me comments. And I will be read- da. The reserve fund would allow the much, much better. And discipline will ing more of them throughout the de- Congress to help the States and local be much less of a problem, because that bate. But one after the other, what educational agencies recruit, train, and teacher has time to work with those these young people—who are in the hire the 100,000 additional teachers by tough kids that are in their classes classrooms today, where the stress is the year 2005. These teachers would re- today. on them to get the good grades, to go duce class sizes in grades 1 to 3 to an But, we have heard what parents say. on to college, to get a good job—what average of 18 students per classroom. We know what the studies say. What they told me consistently was that Mr. President, this is a very important are teachers saying? I have taken some they felt that reducing class size was initiative and deserves our support. time over the last few weeks to ask important. I will now speak for a moment about teachers what they said about class Are we going to listen to parents? a personal experience. I grew up in size. These are the people, the profes- Are we going to listen to teachers? Are what is now one of America’s poorest sionals that are in our classrooms we going to listen to the young people cities, an industrial city, in New Jer- every day with our young people. themselves? Are we going to listen to sey. The city is called Paterson, NJ. I Here is what some teachers have said the thousands of families across our was born there. I and a couple of my to me: This ‘‘is the most important im- communities today who know this business associates decided to try to provement we can make. A working makes a difference, who say to their help out because of our good fortune condition that in many ways is [far] child when they come home, ‘‘How and our interest in what was taking more important [to me] than salary. If many kids are in your classroom?’’ be- place within that old favorite city of teachers feel like they are making ours. We provided a program for ex- progress, other complaints seem mini- cause they know? Are we going to lis- tending free tuition—we paid for it—for mal. If teachers feel behind, at a loss, ten to the studies? Are we going to say and overwhelmed by large classes, any it is the right thing to do to make this students who, from the sixth grade, our other problems loom large.’’ a national priority? Or today on the targeted grade, went on to pass their ‘‘It’s not only important for class- floor of the Senate, are we going to say high school requirements and we would room management, but also for time no? Are we going to say that 2 percent pay for their education in college. I spent evaluating each student’s work, is enough? Are we going to say that thought it was a pretty significant in- and time for individual attention with education is no longer a priority of this ducement. We had academic counselors each student.’’ Government? that worked with these students. Then- One teacher told me: ‘‘The difference I have heard too many people say, Vice President Quayle was very kind, between teaching a class of 31 high ‘‘Leave it to the local school boards. spending 45 minutes with these young- school students and teaching 28 is the Leave it to the States. It should not be sters. It was a real treat for them. We difference between lion-taming and a national priority.’’ I could not dis- took them on various trips and tried to teaching.’’ agree more. We cannot pass the buck help them along. Mr. President, students and teachers any longer. Making sure that every one I am ashamed to say, pained to say, and parents know that class size reduc- of our children gets a good education is really, that the program did not do a tion makes a difference. a priority for every adult in this coun- lot of good. We are reexamining why. I also have a young group of students try, whether they are a parent, a com- The principal thing that jumped out at that I work with in my home State. munity leader, a State leader, or a na- us was that the sixth grade was too They are called my Student Advisory tional leader. It is our responsibility to late to start, too late to make a dif- Youth Involvement Team. I go to them set the priorities within this budget. ference with these youngsters. on a regular basis, and I tell them, as My amendment allows us to do that as When examined it further, we look to young people under the age of 18, that the debate progresses across the rest of the earliest grades, grades 1, 2, and 3. their voice is important here in the Na- this year. We found that those early learning ex- tion’s Capital and their priorities are Mr. President, as you know, I feel periences matter most. So I think that important as well. And I ask them how strongly about this, and I know there this amendment helps us to con- they feel about different issues that are are a number of my colleagues who are centrate on putting our resources coming before the Senate. here today who support this as well. where they will do the most good. It is March 31, 1998 CONGRESSIONAL RECORD — SENATE S2791 critical to get the kids off on a good many students in too many schools in The Republican budget cuts discre- start at that tender age. That is why too many communities across the tionary funding by $1.6 billion below President Clinton proposed this major country fail to achieve that standard the President’s budget It cuts funding national effort to limit class sizes in The latest international survey of for education and Head Start by $1 bil- the early grades. That is why the pro- math and science achievement con- lion below the level needed to maintain posal enjoys such strong support firms the urgent need to raise stand- current services In fact, it cuts edu- among the American people. ards of performance for schools, teach- cation and Head Start funding by $400 Unfortunately, the budget now before ers, and students alike It is shameful million below last year And to make the Senate rejects this proposal. that America’s twelfth graders ranked matters worse, the Republican budget Frankly, I believe it is one of the major among the lowest of the 22 nations par- prohibits funding for new education shortcomings of the resolution. Sen- ticipating in this international survey programs. ator MURRAY offered this amendment of math and science. It denies 3.7 million students the op- in the Budget Committee’s markup, Schools across the nation face seri- portunity to benefit from smaller class but it was defeated on a straight party ous problems of overcrowding Anti- sizes. line. I hope today’s vote will be dif- quated facilities are suffering from It denies 900,000 disadvantaged stu- ferent. I urge my colleagues to support physical decay, and are not equipped to dents the extra help they need to im- this amendment and, once again, com- handle the needs of modern education. prove their reading and math skills. mend the distinguished Senator from Across the country, 14 million chil- It denies 400,000 students the oppor- Washington for her leadership on this dren in a third of the nation’s schools tunity to attend after-school programs. issue. Since coming to the Senate, she are learning in substandard buildings It denies 6,500 middle schools serving has been an outspoken advocate for Half the schools have at least one un- 5 million students extra help to ensure education, for our children in all as- satisfactory environmental condition that they are safe and drug free. pects. I know she speaks not just for It will take over $100 billion to repair It denies 1 million students in failing America’s parents, grandparents, but existing facilities nationwide. schools the opportunity to benefit from families all across our country in urg- America’s children are learning in innovative reforms. ing this Nation to make education our overcrowded classrooms This year, K– It denies 3.9 million needy college top priority. 12 enrollment reached an all-time high, students an increase in their Pell I yield the floor. and it will continue to grow over the grants. Mr. KENNEDY Mr. President, the Re- next 7 years Communities will need to The Republican anti-education budg- publican budget is anti-education It build 6,000 new public schools to main- et does nothing to help recruit and sets up too many roadblocks to a tain current class size Due to over- train qualified teachers. brighter future for the nation’s chil- crowding, schools are using trailers for It does nothing to improve failing dren We should be doing more, not less, classrooms and teaching students in schools by creating Education Oppor- to improve the nation’s public schools. hallways, closets, and bathrooms Over- tunity Zones. The budget should reflect our true crowded classrooms undermine dis- It does nothing to help disadvantaged national priorities The American peo- cipline and decrease student morale. students attend college and graduate ple give top priority to education, and In Springfield, Massachusetts, stu- from college. Congress should too But, the Repub- dent enrollment has increased by over It does nothing to increase funding lican education budget goes against 1,500 students, or 6 percent, in the last for Title I to improve students’ math what the American people want by cut- two years, forcing teachers to hold and reading skills. ting education funding. It does nothing to increase funding Republicans say that they are pro- classes in storage rooms, large closets for Pell grants. education But, there is a massive dis- and basements. In addition, too many schools are al- The challenge in education is clear. parity between their rhetoric and the ready understaffed During the next We must do all we can to improve reality of their budget Our Republican teaching and learning for all students colleagues say that they support edu- decade, rising student enrollments and across the nation. cation and children But their current massive teacher retirements mean that That’s why I strongly support the tax proposal and their current budget the nation will need to hire 2 million amendment by Senator MURRAY to re- proposal make it very clear that they new teachers Between 1995 and 1997, duce class size in grades K–3 across the are no friends of public education student enrollment in Massachusetts If Republicans were friends of public rose by 28,000 students, causing a short- country. A necessary foundation for schools, they would not divert $1.6 bil- age of 1,600 teachers—without includ- success in school is a qualified teacher lion of scarce resources to private ing teacher retirements. in every classroom, to make sure that schools. The teacher shortage has forced young children receive the individual They would not cut education by $400 many school districts to hire attention they need. That’s why it is so million next year, and prohibit funding uncertified teachers, and ask certified important that we help bring 100,000 for any new programs. teachers to teach outside their area of new qualified teachers into the public They would not ignore the pressing expertise Each year, more than 50,000 schools and reduce class size in the ele- need to repair our crumbling schools— under-prepared teachers enter the mentary grades. to train more teachers, to reduce class classroom One in four new teachers Research has shown that students at- sizes, to provide more after-school pro- does not fully meet state certification tending small classes in the early grams to keep children off the streets, requirements Twelve percent of new grades make more rapid progress than away from drugs and guns, and out of teachers have had no teacher training students in larger classes. The benefits trouble. at all Students in inner-city schools are greatest for low-achieving, minor- They would not propose tax breaks have only a 50% chance of being taught ity, and low-income children. Smaller that benefit wealthy families who send by a qualified science or math teacher classes also enable teachers to identify their children to private schools. In Massachusetts, 30% of teachers in and work effectively with students who There are many good ideas to im- high-poverty schools do not even have have learning disabilities, and reduce prove education that deserve support a minor degree in their field. the need for special education in later We need to increase our investment in Incredibly, the Republican budget ig- grades. public schools We need to raise aca- nores these pressing needs The Repub- A national study of 10,000 fourth demic standards We need to modernize lican plan cuts funding for education It graders in 203 school districts across school buildings We need to reduce refuses to provide key new investments the country and 10,000 eighth graders in class size We need to support more to improve public education If their 182 school districts across the country teachers and better training for cur- anti-education plan is passed, schools found that students in small classes rent teachers We need to expand after- and students will get even less help performed better than students in large school programs. next year than they are getting this classes for both grade levels. Students deserve modern schools year, just when they need help the Gains were larger for fourth graders with world-class teachers But too most. than eighth graders. Gains were largest S2792 CONGRESSIONAL RECORD — SENATE March 31, 1998 of all for inner-city students in small When one computes total teaching dents from low-income families the classes—they were likely to advance 75 staff per pupil, again, California’s num- most. percent more quickly than students in ber are substantially higher than na- Sandy Sutton, a teacher in Los large classes. tional rates, says NCES. In 1995–1996, Angeles’s Hancock Park Elementary Another significant analysis called California’s pupil-teacher ratio was School, used to have 32 students in her Project STAR studied 7,000 students in 24.0, compared to the U.S. average of second grade class. In the fall of 1997, grades K to 3 in 80 schools in Ten- 17.3 pupils per teacher. The 1997 esti- she had 20. She says she can spend nessee. Again, students in small classes mate likewise has California exceeding more time on individualized reading in- performed better than students in large national rates: California, 22.7 students struction with each student. She can classes in each grade from kinder- per teacher; U.S. 17.0 students per now more readily draw out shy chil- garten through third grade. And the teacher. dren and more easily identify slow gains were larger for minority stu- Today, many classes have 40 or more readers early in the school year. dents. students per teacher. Our students and The November 25, 1997, Sacramento We also know that overcrowded teachers are crammed into every avail- Bee reported that when teachers in the classrooms undermine discipline and able closet, cafeteria and temporary San Juan Unified School Districts decrease student morale. building available. At John Muir Ele- started spending more time with stu- Many states and communities are mentary School in San Bruno, one dents, test scores rose and discipline considering proposals to reduce class class spent much of the year on the problems and suspensions dropped. A size. But you can’t reduce class size stage of the school’s multipurpose San Juan teacher, Ralphene Lee, said, without the ability to hire additional room as it waited for portable rooms to ‘‘This is the most wonderful thing that qualified teachers to fill the additional arrive. Los Angeles Unified School Dis- has happened in education in my life- classrooms. The federal government trict has 560,000 seats for 681,000 stu- time.’’ should lend a helping hand. dents. Other teachers say that students in This year, California Governor Wil- To add to the problem, California smaller classes pay better attention, son proposed to spend $1.5 billion to re- will have a school enrollment rate be- ask more questions and have fewer dis- duce fourth-grade classes to 20 students tween 1997 and 2007 of 15.7 percent, tri- cipline problems. or less, after having reduced class sizes ple the national rate of 4.1 percent. We A San Diego initiative to bring down for students in grades K–3 last year. will have the largest enrollment in- class sizes found that smaller classes In Pennsylvania, a recent report by crease of all states during the next ten mean better classroom management; the bipartisan legislative commission years. By 2007, our enrollment will more individual instruction; more con- on urban school restructuring rec- have increased by 35.3 percent. To put tact with parents; more time for team ommended capping class sizes in kin- it another way, California needs to teaching; more diverse instructional dergarten through grade 3 in urban dis- build seven new classrooms a day at 25 methods; and a higher morale. tricts at 20 students per teacher. students per class just to keep up with Smaller classes make a difference. In Wisconsin, the Student Achieve- the surge in student enrollment. SMALLER CLASSES REQUIRE GOOD TEACHERS ment Guarantee in Education program The California Department of Edu- Class sizes cannot be reduced without is helping to reduce class size in grades cation says that we need to add about hiring more teachers. And these teach- K–3 in low-income communities. 327 schools over the next three years, ers must be trained and credentialed In Flint, Michigan, efforts over the just to keep pace with the projected teachers. last three years to reduce class size in growth. But these phenomenal con- California has 21,000 teachers on grades K–3 have led to a 44% increase struction rates will only maintain cur- emergency credentials. Unfortunately, in reading scores and an 18% increase rent use. They do not begin to relieve in California nearly 22,000 of the 240,000 in math scores. overcrowding, our current large class public school teachers in California are Congress can do more to encourage sizes. not fully credentialed or have not all of these state and local efforts Fortunately, California has em- passed a basic skills test. Half of Cali- across the country. We can help lead barked on an effort to reduce class size, fornia’s math and science teachers did the way in reducing class size. I urge providing state funds to local school not minor in those subjects in college, my colleagues to support Senator MUR- districts to hire more teachers for yet they are teaching. The October 13, RAY’s amendment and to increase our grades K through 3. The goal is to cut 1997, U.S. New and World Report re- investment in education. The nation’s class sizes from 28.6 students to no ported that in Los Angeles, ‘‘new children deserve our support. more than 20 students in grades K teachers have included Nordstrom Mrs. FEINSTEIN. Mr. President, I through 3. California is spending $2.5 clerks, a former clown, and several am pleased to support Senator MUR- billion over two years to cut class size chiropractors.’’ RAY’s amendment today to create a re- and the annual cost of this reform will California will need up to 300,000 new serve fund for adding 100,000 public be about $1.5 billion. California has cre- teachers in the next decade because of school teachers and to reduce class ated at least 17,000 new classes and our escalating enrollment. A 1996 anal- sizes in the early grades to 18 students over half of the State’s 1.9 million eli- ysis by Policy Analysis for California per classroom. gible students are now in classes of 20 Education found that my state could CALIFORNIA’S SCHOOLS ARE OVERWHELMED or fewer students. A similar federal ef- only expect about 9,000 new I come from the State that has some fort, like President Clinton’s initiative credentialed teachers per year in cur- of the largest class sizes in the Nation and Senator MURRAY’s amendment, can rent trends continue. in our public schools. In 1994, Califor- complement California’s effort. Without good teachers, no plan, how- nia’s schools averaged about 30 stu- SMALLER CLASSES IMPROVE LEARNING ever visionary or revolutionary, can dents per class, the highest in the Studies show that student achieve- improve student learning. But sadly, a country. In 1995–1996, when the average ment improves when class sizes are re- November 1997 report card by the Na- pupil teacher ratio for all grades, ele- duced. tional Commission on Teaching and mentary and secondary in the Nation California’s education reforms relied America’s Future ranked California was 17.3 students per teacher, in Cali- on a Tennessee study called Project near the bottom of states in the qual- fornia, it was 24.0. STAR, in which 6,500 kindergartners ity of our public school teaching force In the 1993–1994 school year, in ele- were put in 330 classes of different because we have some of the highest mentary schools, California had 29.4 sizes. The students stayed in small proportions of uncertified or under- students per class while the U.S. aver- classes for four years and then re- trained teachers, particularly in math age was 24.1. For secondary schools in turned to larger ones in the fourth and science. The Commission defined 1993–1994, the average California class- grade. The test scores and behavior of ‘‘well-qualified’’ as a teacher with full room had 29.7 students while the aver- students in the small classes were bet- certification and a major in their as- age U.S. classroom had 23.6 students, ter than those of children in the larger signed field. By this measure, only 65 according to the National Center for classes. A similar 1997 study by Rand percent of the state’s teachers meet Educational Statistics. found that smaller classes benefit stu- the standard. Nationally, that figure is March 31, 1998 CONGRESSIONAL RECORD — SENATE S2793 72 percent. In California, 46 percent of in all of this debate and in what it is economy. Well, the truth is that even if high school math teaches did not we are debating with regard to Senator the States were to stretch out, to use minor in math. The national average is MURRAY’s amendment, as well as oth- all of their surplus, that would not be 28 percent. ers. enough money to provide the support CONCLUSION First, I will for a moment sketch out to rebuild crumbling schools, to reduce There is hardly a more worthy en- in terms of the dollar value of an edu- class size, to give teachers the tools deavor than strengthening our schools’ cation, first to individuals. There is no they need, to give children what they ability to better educate our children. question; studies have shown us that need to actually be able to get the kind The Murray amendment before us high school graduates earn 46 percent of world-class economy that I believe today can make an important con- more every year than those who do not we have to provide for every American tribution in partnership with state and graduate, that college graduates earn child. local efforts by providing extra re- 155 percent more every year than those All but two of the States had at least sources to reduce class sizes and hire who do not complete high school, and some surplus at the end of fiscal year more teachers. over the course of a lifetime the most 1997, ranging from a $3.2 billion surplus Mrs. MURRAY. I yield such time as educated Americans will earn five in Alaska to a $32 million surplus in she may consume to the Senator from times as much as the least educated Alabama. My own State of Illinois Illinois. Americans. So education correlates di- ended 1997 with an $806 million surplus. Ms. MOSELEY-BRAUN. Just to put rectly to an individual’s well-being. In Of course, the sum total of all the in context what this debate is and is fact, it correlates to almost every indi- States’ surpluses at the end of fiscal not about in regard to Senator MUR- cia of economic and social well-being. year 1997 was $28.2 billion. RAY’s amendment, and there will, of Educational attainment can be tied di- In addition—and this is not on the course, be other amendments on edu- rectly to income, to health, to the like- class size debate but efforts with re- cation seeking to bring this issue to lihood of being on welfare, to the like- gard to rebuilding the schools—the the attention of the American people, lihood of being incarcerated, and even General Accounting Office tells us that and hopefully to give us an opportunity to the likelihood of an individual vot- just to bring the schools in this coun- to actually legislate. ing and participating in our democ- try up to code we have to spend $112 The issue here starts from the fact racy. billion. Well, you don’t have to have a that as we went into the budget nego- Education, however, is more than a whole lot of education to do the math tiations, the Republican majority cut tool just to lift people out of poverty or on that one. If all the surpluses taken $1.6 billion from the President’s re- to give them a better standard of liv- together are $28.2 billion, that doesn’t quest for elementary and secondary ing. It is the engine that will drive begin to even address the issue of fund- education. Unfortunately, this has be- America’s economy into the 21st cen- ing $112 billion worth of need just to come not only a partisan debate among tury. In a Wall Street Journal survey get the facilities up to code. So if you and between the parties here in the last year of leading U.S. economists, 43 are talking again about reducing class Senate but it really is a debate that, in percent of them said that the single size, as well as fixing crumbling my opinion, is kind of like trying to most important thing we can do to in- schools and the other things that the find out who to blame for the fact that crease our long-term economic growth schools will need, the $28 billion sur- elementary and secondary education is would be to invest more in education, pluses of the States will not do it. not receiving the kind of support na- research, and development. Nothing Assuming that every State were to tionally it ought to receive. else came close to the indicia of what maintain its past effort, and in addi- My mother used to have an expres- will help our economy do well. One tion spend every penny of its surplus sion, ‘‘When you point a finger at economist said, ‘‘One of the few things on schools, they would still be left with somebody, you have three pointing that economists will agree upon is the a huge amount of needs, $153 billion back at yourself.’’ I think nothing de- fact that economic growth is very worth of needs in terms of school con- scribes this debate around education as strongly dependent on our own abili- struction, and again the costs of reduc- much as that expression. The fact is ties.’’ ing class size. that there is an awful lot of finger- In a recent study by the Manufactur- Then there are those who say, OK, it pointing going on in regard to edu- ing Institute, the conclusion was is not just the State’s job. In any cation—whose responsibility it is, reached that increasing the education event, it is not just the State’s job to whose fault it is, who should do what, level of workers by 1 year raises the do this. It is really a matter of each instead of a sense that the real answer productivity level in manufacturing by community weighing in and fixing up here lies in our ability as a nation to 8.5 percent. So making certain that we their schools. That translates into an come together, to work together, to co- invest in education is something that argument that the full costs of edu- operate, to collaborate, to form part- we ought to do not just for the children cation or the bulk of the cost of edu- nerships to address an issue that is in who will be benefited but for our coun- cation ought to come out of the prop- our national interests. try and for the economy as a whole. erty taxes. There is no question that education There are those who say that is fine, I don’t know if you noticed, but the is a core value for our country. It cor- that is all well and good, but in any property tax is a singularly inelastic relates with opportunity, opportunity event it is not our job to do. In fact, tax—without doubt, the worst place to not just for individuals but for America this $1.6 billion cut, as Senator MUR- try to fund a school system. And what as a whole. That notion of opportunity, RAY pointed out, means we will spend we have seen over time is that the I think, goes to the heart of what it is in this budget, this 1998 budget, a full 2 property tax has been inadequate to about to be an American. Frankly, the percent on education; 2 percent is the fund education. In fact, it has given rungs of opportunity are crafted in the Federal contribution out of this budget rise to what Jonathan Kozol referred to classroom. Public education has made to education. That is so because a num- as ‘‘Savage Inequalities.’’ That is to this the greatest country in the world, ber of people argue that it is not the say, in the communities where the de- and if we don’t engage in this together Federal Government’s job to be in- mographics support an easily tapped to work out the challenges to public volved with financially supporting ele- property tax, where there are nuclear education, we will see that American mentary and secondary education. power plants or shopping centers, those dream erode in our lifetime. I do not They point the finger and say it is communities can afford to support think that is something any American somebody else’s job. their schools with relatively little ef- parent wants to see. I think that every Let’s take a look at who else’s job it fort from individual taxpayers, whereas parent, every citizen, wants to see us might be. Some of our colleagues say other school districts where there are a engage, regarding this issue, in ways the economy is doing so well, the number of retirees or poor people have that serve the public interests and in States should do it, that the States are a harder time supporting their schools. ways that do justice and honor to our now in a position to supplement what So relying on the property tax alone, generation’s stewardship of this great they spend on education because they or largely relying on the property country. That is the core issue, I think, have surpluses accumulating in their taxes, is one of the reasons why we S2794 CONGRESSIONAL RECORD — SENATE March 31, 1998 have such a patchwork in terms of the cannot allow for a child’s educational turn it around right now, today, in the quality of schools in this country. opportunities to depend on the acci- Senate. I thank my colleague from Illi- There is no coherence. There is no sys- dent of where they were born. We have nois. I yield to her. tematic support for education from the a responsibility to come together as Ms. MOSELEY-BRAUN. Mr. Presi- local property tax. So we have a situa- Americans to make certain that all dent, I wanted to engage in a colloquy tion where the local property tax is levels of government contribute to the with the Senator from Washington. stretched beyond what it can bear in maximum extent we can so that local Every politician who runs for office terms of providing for education. The governments, parents, communities, runs on an education platform. I don’t States are doing an inadequate job in people at the local level can provide know a Governor in this country who support of education, and this budget the children who live there with the hasn’t run on an education platform. I gives us all of a 2 percent Federal con- best possible opportunity. don’t know a Senator in this country tribution to that challenge. Small won- We can do better than 2 percent. I who hasn’t run on an education plat- der, Mr. President, that the United submit that we ought to restore the form. Somewhere out there, there is States is beginning to lose ground $1.6 billion the President proposed, re- probably a coroner and a dogcatcher worldwide in education. store that to the budget and have a de- who will run on an education platform. Just a couple weeks ago we had a re- bate on how we send that out to the And yet education doesn’t have the fi- port on the performance of students in States. We ought to be able to send it nancial support at any level that it this country on math and science to the States and the school districts needs to have. That should be evident exams. It should have been a wake-up without a whole lot of strings or bu- in how we are coming in on these inter- call to everybody when we found that reaucracy. Nobody is hiring $1.6 billion national tests and exams. The response the U.S. students, in some categories— worth of new bureaucrats. We are talk- that I see from all too many of my col- in physics—came in dead last, dead ing about sending money directly to leagues is to say, as the Senator so elo- last. We came in below Slovenia on benefit the schools. I believe we have quently put it, public education has mathematics. We are doing poorly on not only an opportunity to do that, but failed, let’s run away from it. The old all of these indicia of international an obligation to do it. The opportunity runaway response is not a response, be- measurements of competency in the is with us because we have a balanced cause we can’t afford to triage, to schools. budget. After decades of wallowing in waste a single child. Given this patchwork quilt, given the red ink, we have a budget surplus—or Again, I commend my colleague for results of the finger-pointing, small at least we are on a glidepath from def- requiring some of us to put our money wonder that our kids are not doing as icit territory. It seems to me, if we are where our mouths are, that we really well as they should or that they could. going to look at the priorities of this support education and begin to vote for Let me make a point about that. I country, no priority comes higher than education and fund education and to think the point has to be made that providing for education, no priority put real meat on the bone of our com- our children, American kids, are just comes higher than providing States mitment to public education. as capable as kids anywhere in the and local communities with the sup- Mrs. MURRAY. I thank my col- world of learning, if they are given an port they need to give our children a league. I absolutely agree. I believe we opportunity. chance. are at a fundamental crossroads in this They are as capable of doing as much Therefore, I commend Senator MUR- country, where we are going to decide as any other community on this plan- RAY. now, today, whether we are going to go et, if given the opportunity. The direc- I yield the floor. down a narrow path of just letting a tion that we take, the decisions we Mrs. MURRAY. Mr. President, I few kids succeed in education across make in this Senate will in large part thank my colleague from Illinois for this country, with vouchers, block determine what direction we take to putting in perspective what we are grants, and eliminating the Federal get there, to get to the point of giving talking about today. The students in role altogether; or we can collectively them an opportunity. Will we support a my classroom weren’t Republican, say, no, not in my country, not in my partnership in which we come together Democrat, or Independent. They didn’t home, not in my community, not in my at the Federal, the State, and the local say, oh, this is a local issue; oh, this is State. level? Or will we take the position that a State issue, those Federal people In this country, where we believe everybody have at it and do the best should not be involved. They looked that public education is critical for job you can, wherever you are, and around in their classroom and said: every student, we want to go down the make educational opportunity an acci- How many kids are in here with me? road that makes a difference. By mak- dent of geography and an accident of Do I get time with my teacher; do I get ing sure our crumbling schools are someone’s situation in life, whether personal attention? fixed, making sure that there are their parents were born wealthy. I As my colleague from Illinois notes, teachers who are well-trained, and don’t believe we can afford to waste a there is no silver bullet to making edu- making sure there is a number of stu- single mind, to waste a single child’s cation better across this country. But dents in a classroom that allows them talent. We have a responsibility as we have to put our efforts in places to learn those math skills and English Americans to come together as parents where we know they make a difference. skills they so desperately need in to- and stop this finger pointing, stop this My colleague from Illinois has ad- day’s and tomorrow’s economy. I look blame game and put this argument dressed tirelessly the issue of crum- forward to working with my colleague aside and recognize that it is in our na- bling schools across the country. And to make sure we go down the right tional security interest that we give the issue of safety and the ability to road and not the wrong road. We will every child the ability to be educated learn, and the issue of class size, again, find out today what the Senate says. to the maximum extent of his or her where school buildings simply can’t ex- I yield 5 minutes to my colleague ability. pand, where our children are in unsafe from California. Mr. President, I commend Senator situations. If together we address the The PRESIDING OFFICER. The Sen- MURRAY for her activity on the Budget crumbling schools, and class size, and ator from California. Committee in this regard, for her advo- if we train our teachers with the skills Mrs. BOXER. I thank my colleague cacy for children. She has been an ad- they need to teach effectively in our for yielding me this time. Senator vocate across the board on a variety of classrooms today and tomorrow, we MOSELEY-BRAUN had to leave the floor, issues. I submit that there is no issue will turn public education around. but her leadership on the crumbling on which advocacy can be more impor- I know my colleague from Illinois schools initiative has just been incred- tant than the direction we take in edu- has heard as much as I have from all ible. She is the one who called our at- cation in this country. those politicians and leaders who are tention to the fact that if our kids are I believe the bottom-line question saying public education has failed. I going to learn, they have to have de- here is whether or not we are prepared don’t believe public education has cent schoolbuildings. I was saying the to face the fact that we cannot go it failed. I believe we have failed public other day we want our kids to learn alone, we cannot point fingers, and we education. We have a responsibility to about gravity by reading about it in March 31, 1998 CONGRESSIONAL RECORD — SENATE S2795 the science book, not by having the munity police. If you listen to those The PRESIDING OFFICER. The Sen- ceiling falling on them while sitting in community police, let me tell you ator has 2 minutes remaining. the classroom. what they will say. I have had many Mrs. MURRAY. I thank my colleague I say to my colleague, Senator PATTY townhall meetings throughout my for her tremendous leadership on this MURRAY, how much I have enjoyed State. They say to me: ‘‘Senator, we issue. There is nobody from the other serving with her in the Senate and, be- have to prevent a lot of these problems side on the floor here. If they can find yond that, serving with her on the before they start.’’ Yes, we can help. the chairman, we would like to find out Budget Committee, because the two of But the fact is, once a child gets into what their intent is on this vote. us believe very strongly, as do a num- the juvenile justice system, sometimes Mr. President, I suggest the absence ber of Democratic colleagues. If every- we can’t turn them around. So we do of a quorum. body is saying children are our prior- need to give our children something to The PRESIDING OFFICER. The ity, education is a priority, and every- say yes to. And law enforcement looks clerk will call the roll. one is saying this is so important, then at these measures—in my State at The assistant legislative clerk pro- it’s time they voted with us and did least—with great support. ceeded to call the roll. something about it. I have an after-school bill that I will Mr. DOMENICI. Mr. President, I ask When my colleague offered her be offering. We know that, in Califor- unanimous consent that the order for amendment on children in the commit- nia, when we give the kids something the quorum call be rescinded. tee, suddenly our Republican col- to say yes to in after-school pro- The PRESIDING OFFICER. Without leagues were not there. I am hoping grams—we give mentoring, tutoring, objection, it is so ordered. they are having second thoughts and help with homework, and we bring in Mr. DOMENICI. Mr. President, I have that when we get to the vote on her business and they learn on computers— concurred with the minority regarding amendment, they will come here and their performance has gone up 75 per- an agenda from now until some time support it. We need bipartisanship on cent in Sacramento’s START program after 4 o’clock this afternoon. And I this issue. and in L.A.’s BEST. There has been a 75 would like to propose it by way of a Now, I think it’s interesting, as we percent increase in performance. Now, consent decree which I understand is look back on the Federal role in edu- we can’t expect that for every child, satisfactory to the other side. cation, to recognize the President who, but this is the experience that we are I ask unanimous consent that the fol- in my opinion, did more for the Federal having. lowing be the sequence of amendments role in education than anyone else, in I submit to my colleague that when debated between now and 4 p.m. today, terms of winning public approval for it, you put a child in a smaller class where and that a vote occur on or in relation and that was President Dwight D. Ei- that child doesn’t get lost in the shuf- to the Murray amendment at 2:20 p.m., senhower. Senator MURRAY is a little fle, where that child gets the individual with the time prior to 2:20—5 minutes— younger than I am, and I think about attention from the teachers, from the to be equally divided between Senator teacher’s aide, it makes an enormous that now and then, but I well remem- MURRAY and Senator DOMENICI or his ber when the Russians launched the difference. I sometimes think a lot of designee. I further ask unanimous con- Sputnik and the Americans sat back our kids’ problems are overlooked be- sent that the Gregg amendment No. and said: How could this be? We were cause the teachers cannot possibly, if 2167, and the Dodd amendment No. the ones who had the educated work they have a class of 40 children, pick up 2173—that votes occur on or in relation every nuance and problem a child is force. We were the ones who had the to the remaining above listed amend- having in learning or in their social be- new technology. How could it be that ments beginning at 4 p.m., with 2 min- havior. That issue has come to the they could get ahead of us in this way? utes of debate between each vote for an floor lately. Dwight Eisenhower came forward, a I say to my friend in closing that, in explanation, and with no second-degree Republican President with broad bipar- California, in a bipartisan way, the amendments in order prior to the votes tisan support, and said the following: Governor, the superintendent of public at 4 p.m. ‘‘The education of our children is just instruction, from different parties, all I suggest the absence of a quorum. The PRESIDING OFFICER. The as important to our national security agreed that we should lower class sizes as the size of our military budget.’’ He in the lower grades. We do not have the clerk will call the roll. The legislative clerk proceeded to pushed for the National Defense Edu- official studies because this is a new cation Act. program. But the reports that are com- call the roll. Mr. DOMENICI. Mr. President, I ask I say to my colleague, we are follow- ing back are extraordinary. The stories ing in those footsteps with a series of we are hearing from the children, from unanimous consent that the order for amendments we will be offering—Sen- the parents, from the teachers, from the quorum call be rescinded. ator MURRAY on class size, Senator the principal, from our Governor, who The PRESIDING OFFICER. Without MOSELEY-BRAUN on crumbling schools, is a Republican, from our superintend- objection, it is so ordered. myself on after school, and Senator ent of public instruction, who is a Mr. DOMENICI. I apologize to the DODD on child care. We are following in Democrat, all of what we are hearing is Senate for the lack of business in the the footsteps of a Republican Presi- positive. It’s not really rocket science last few moments. We had some amend- dent, who recognized in the 1950s that to figure out that, if you can spend ments that we had to clarify with spon- we have to do something about edu- more time with each child, you are sors. So let me continue and make sure cation. going to have a better result. we are clear on the unanimous consent Now, in terms of my colleague’s So, again, I say to my colleague how that I have proposed. Let me start over amendment, I am very proud to sup- much I enjoy working with her. She since none of it had been granted. port it. I want to say a thank you not has put children first from the moment Mr. President, I ask unanimous con- only to her, which I have done, but to she came on to the Senate floor. It has sent that the following be the sequence our President, because our President been a breath of fresh air for all of us. of amendments debated between now shared with us his vision of 100,000 new I really look forward to helping her and 4 p.m. today, and that a vote occur teachers in schools, and everybody sat with this amendment. If we do not suc- on or in relation to the Murray amend- back and said that is a goal we ought ceed today, if the other side puts up ment at 2:20 p.m. with the time prior to to attain. At least the vast majority of procedural hurdles and tells us you 2:20 being equally divided between Sen- the American people—and we will find need 60 votes, I hope you will keep ator MURRAY and Senator DOMENICI or out if it is a majority of this body— bringing this issue back again and his designee; that regarding the Gregg said yes. This is the same President again and again—for one reason: The amendment, No. 2168, and the Dodd who had the goal of putting 100,000 po- parents want it, the children need it, amendment, No. 2173, votes occur on or lice on the street. If you put 100,000 po- and America supports it. in relation to those amendments begin- lice on the street, which I have strong- I thank my colleague and I yield the ning at 4 p.m., with 2 minutes of debate ly supported—what happened in Cali- floor. between each vote for explanations, fornia is that we have a 20 percent re- Mrs. MURRAY. Mr. President, I with no second-degree amendments in duction in crime because we have com- thank my colleague. order prior to the vote at 4 p.m. S2796 CONGRESSIONAL RECORD — SENATE March 31, 1998 The PRESIDING OFFICER. Without Normally, you set up a reserve fund ing down dramatically. Frankly, I am objection, it is so ordered. and you say, We are going to put taxes not very impressed with Senator after Mr. DOMENICI. Parliamentary in- in this reserve fund or receipts from Senator from whatever side of the aisle quiry. Are we scheduled to go in recess someplace, or we say, We are going to coming down here and essentially say- at 12:30? cut certain entitlement programs and ing, ‘‘Education is not going well in The PRESIDING OFFICER. Under use that money for some program, America and we know how to fix it up the previous order, we will recess for project or activity. What has happened here in Washington. What we ought to the caucus luncheons at 12:30. here is the following: No one yet on do is have a new program, a new man- Mr. DOMENICI. Let me say we now that side of the aisle who wants to date.’’ But this one is even worse than have a starting list of about 12 amend- spend more money than required in that, because it suggests we ought to ments. When we start at 2:15, I will this budget resolution has found a way do that, and there is no money to do it, make sure everybody knows what they to cut any program to pay for it—not which is a very interesting phenome- are. We are asking that we sequence yet. I have been looking. There are al- non—if you can help education without them in some way so we know where ready a series that I have looked at. putting any money into a program but we are going. Frankly, I think either None cut any program to pay for a saying you wish it would happen. we are going to have to be relieved of higher priority program. The truth of the matter is that the some time on the resolution or we are Second, none say, even though we in- National Center for Educational Sta- going to stay in tonight and use some sist on keeping a balanced budget, and tistics, commonly known as NCES, time because we really have to finish they do also, these amendments—they projects that trend is going to continue this this week. don’t want to break that balanced and, I might say, continue without Mr. President, let me use the remain- budget era we have—nonetheless, the anybody ever having thought the Fed- ing time that I have, with Senator amendments go right back to the era eral Government would start paying MURRAY having half of the 5 minutes, when we had programs for which we did for reducing classroom size. They esti- to debate her amendment prior to the not know how to pay. I defy anyone to mate, in their publication, that by the vote. tell me how we are going to pay for year 2006 there will be as many as 3 First, let me say I understand the this program if we ever did it. million K–12 public school teachers, an sincerity and the genuine concern that Frankly, that is a statement of additional 16 percent over the 1996 the distinguished Senator who proposes where we are. The same is going to be number. This same organization, high- this amendment has expressed here on true for the amendment of my good ly renowned, says that the pupil-teach- the floor, and that she genuinely and friend, Senator DODD, on child care. er ratios will continue to decline and generally expresses with reference to They found a way to set up a reserve they will continue to drop as low as education. But I think it is very inter- fund with nothing in it and they say, 15.4 in the year 2006, an 11 percent de- esting; we all want to educate our chil- ‘‘When something happens, then we crease from 1996. And, Mr. President will pay for this wonderful program for dren, but it seems that we are having a and fellow Senators, let me repeat: the American people.’’ I use that word little trouble with math, mathematics, They did not expect that the Federal in its fairest sense. Some people think adding and subtracting, right here on Government would get involved in tell- these programs ought to be paid for by the floor of the Senate. ing these schools how they can reduce I have read and reread the amend- the Federal Government. I do not. I just want you to look at one chart. class size. ment of the distinguished Senator, and Let me also suggest this is an inter- Everybody can look at it here. The I cannot find any way that it truly esting reserve fund in another way, be- business of classroom size in the means anything with reference to cause it proposes to fund a program United States is the business of the that is unknown. The President sug- classroom size. A reserve fund is set up sovereign States of America, and they gests that there be this program. And, and there is nothing in it, zero. There know there is a problem. Mr. Presi- are no dollars, there are no taxes, there dent, they are spending more and more incidentally, for those who wondered are no statements that we should cut money in the school districts across how he paid for it—for he paid for it— certain programs. As a matter of fact, America to reduce class size than on he paid for it out of the cigarette tax, this amendment says at sometime in almost anything else they are doing, the settlement. But the budget office the future we sure hope Congress will and they are doing a wonderful job of said you can’t do that, because in doing find a way to cut spending someplace, it. This simple chart up here says from that you break the budget. But he did perhaps cut a mandatory program, that 1960 to 1996 classroom sizes have been plan to pay for it. Let me suggest that is an entitlement, someplace; or per- reduced 51 percent, from 25.8 to 17.6. NCES projects these without ever con- haps increase taxes sometime. Then it That is the green line. That is because templating that the United States of says: Put those in this reserve fund, the red line shows how many more America would get involved in paying this box, and we will spend it for reduc- teachers have been added. Not because for pupil-teacher ratio reductions. ing classroom sizes. we are paying for them at the national Where is the program? The White That is very interesting. If somebody level, but because our States are pay- House has not sent up their program, thinks he or she is going to tell the ing for them and the school boards are but let me tell you there is a formula American people that Senators who paying for them. In New York, where about. For Senators who might think vote against this measure voted the cities pay for it, they are paying this amendment is determinative of against a reduction in classroom size, for it. something—I don’t believe it is deter- then just take it from me, we will put Now we are going to come along in minative of anything, but let’s assume an ad right up under that that says, an amendment and try to tell the you really think it might be—then I ‘‘The program had no money in it, no American people if you don’t vote for suggest you might not like the pro- way to pay for it, did not have enough this, you are against education, which posal if it was to be carried out, be- courage to say what program you amendment has no way of paying for cause, since 20 States have invested ad- would cut or which taxes you would the teachers. These States cannot do ditional funds in targeted efforts to re- raise. It just said, I am for—and I that. You know that green line did not duce class size, that means that under want—and I hope—and I wish—and it come about because somebody set up a the formula they are not even given would be great if we have—a reserve reserve fund and said if we ever find credit for that. They are penalized, for fund someday, if we use it for class- that we raise taxes, we can put the more money goes to States that have room size reduction.’’ taxes in that reserve fund—‘‘if’’—or we not done that. You know if we get a That is essentially the amendment. can cut some other program and put bill, if ever—and I don’t think it will It is out of order under the Budget Act that in there—‘‘if.’’ You know that ever happen that we get a bill on the and under the processes, and we will green line would not have come down floor of the Senate that attempts to raise that point. The vote will be on one bit if that is what States said. That get the U.S. Government into deter- whether or not it is out of order, for I is what we are saying here today. mining class sizes—you know that the assume the distinguished Senator will The truth of the matter is the teach- formula is not going to work. But there move to waive it. But I cannot find it. er ratio is coming down and it is com- is no bill, no substance. Nobody has March 31, 1998 CONGRESSIONAL RECORD — SENATE S2797 written the flesh on the bones that will Let me just close by suggesting that RECESS UNTIL 2:15 P.M. tell us what kind of program this is. if this program which is encapsulated The PRESIDING OFFICER. Under Senator MURRAY does not know how in these reserve language words is as the previous order, the Senate will much or how it is paid for. The Presi- important as my good friend contends, stand in recess until 2:15 p.m. dent’s plan actually estimates $12 bil- then it would seem to me we ought to Thereupon, at 12:31 p.m., the Senate lion over 7 years —$12 billion. If that is find some other program in the U.S. recessed until 2:14 p.m.; whereupon, the the plan, I wonder why the sponsors Government’s litany of programs— Senate reassembled when called to —and there are more than one—don’t which is still around 2,600 and grow- order by the Presiding Officer (Mr. look through the budget and find $12 ing—we ought to find some programs COATS). billion to spend. I wonder why they we could terminate or cut to pay for it. f don’t say maybe we are going to in- As a matter of fact, the entitlement crease taxes to pay for it. Is the era of programs of America, while somewhat CONGRESSIONAL BUDGET FOR balanced budgets gone? Are we going to under control, are a burgeoning part of THE UNITED STATES GOVERN- come up with a program we don’t know the American budget. Essentially, if MENT FOR FISCAL YEARS 1999, how to pay for and try to let somebody you want a real reserve fund, you 2000, 2001, 2002, AND 2003 think it is a real, vital, operative set of ought to be able to find something in The Senate continued with the con- words called a ‘‘reserve fund’’ that will this enormous number of billions of sideration of the concurrent resolution. get anything done about classroom dollars of entitlement programs that is AMENDMENT NO. 2165 size? a little less important than the pro- The PRESIDING OFFICER. Under Frankly, I am very grateful that to gram the distinguished Senator says is the previous agreement, there are 5 this point in our history we have not so important. asked the Federal Government to do Frankly, I do not in any way contend minutes of debate equally divided on this kind of thing. I am very grateful that we know that classroom size is the amendment that is pending. because, as a matter of fact, everything the answer to every issue. I don’t want Who yields time? they get into of this type ends up with to get into a debate on that. We will Mrs. MURRAY addressed the Chair. more bureaucracy, more redtape, more just accept the Senator’s language and The PRESIDING OFFICER. The Sen- mandates on the States than do most words about how important it is. But ator from Washington. programs that truly produce beneficial there is a growing dispute, nonetheless, Mrs. MURRAY. Thank you, Mr. results. between competent schools of academ- President. But I am also thankful we are not in ics and education, as to whether the Mr. President, the amendment that it because the States and school dis- current problem in the American we will vote on shortly simply puts in tricts see the problem. They do not schools is as much related to classroom place a deficit-neutral reserve fund for come up to the floor of the Senate size as one of the other groups says. class-size improvement, especially in when the problem is getting solved. There is one group of experts who say the early grades. And, it would use as They start solving it. They didn’t start it is not as important as some other an offset anything we designate over solving this problem when we were al- things. the coming year in available manda- ready down to about 16.8, they started The reason I say that is because that tory savings or revenues, except for to- solving it when it was 25. So it is obvi- is exactly the kind of thing we should bacco revenues. ous to me that there is a reason for not be resolving up here. It is right at I know that the chairman is going to this amendment being subject to a the State legislatures, it is right in the say that this reserve fund has no point of order. That point of order offices of superintendents and boards of money and it has not set up any spe- should be sustained. education, and it is not right in Wash- cific policy on class size reduction. He I am not going to second-degree ington with another Washington-based is absolutely right. It is exactly what amendments which should fall by a program. he has done in his budget with the to- point of order, because I believe that is I see that the time for recessing has bacco reserve fund and with the tax cut what we should do to them: One by one, arrived. I will be asking Senators to fund. I have learned from him that if every one that is subject to that, like concur with me that this amendment we want priorities within our budget, this one is, we ought to quickly not should fall because it is subject to a this is the way we go about it. waive the budget process and not waive point of order under our rules, and in Education is a priority. As I pointed the rules of the Senate and say the pro- this case the rules make great sense, out this morning, 2 percent of our gram just doesn’t fit. Having said that, for to vote on a program like this as if budget goes to education. At a time I will have 21⁄2 minutes later. Let me it did something, as if there was real when parents and families and commu- conclude. money in it, as if there was a way to nities and States are struggling with Mr. President, I do want to say to the find real money—our processes are this issue. Parents say to us that they distinguished Senator, Senator MUR- pretty good when they say that kind of want their children’s class sizes re- RAY, I, too, was a schoolteacher—not amendment, for whatever reason, is duced. I have talked to parents, I have with the great prowess and experience subject to a point of order in the Sen- talked to students, teachers, prin- that she had, but I taught one of those ate. cipals. Down the road, they say, this is subjects we are all worried about, I yield the floor. going to make an important difference mathematics. I taught that. I didn’t Mrs. MURRAY addressed the Chair. in our children’s education. take political science; I took chemistry The PRESIDING OFFICER. The Sen- I think the most important thing to and math. I don’t know how that pre- ator from Washington. remember is what every parent says to pared me to be a Senator, but I did Mrs. MURRAY. Mr. President, I ask their child when they come home on teach algebra and arithmetic. Frankly, for 5 minutes off the budget time on the first day of school. They ask two it is hard work. Frankly, believe it or the Democratic side. questions: Who is your teacher? and not, I believe I taught every single The PRESIDING OFFICER. Without how many students are in your class- child in my class who knew how to add objection, it is so ordered. room? because they know that the best and subtract—I believe I taught them Mr. DOMENICI. Time is up. I under- qualified teacher, the best trained algebra. stand there is an order to go into re- teacher will make a difference for their Frankly—God forbid—I have to tell cess. child, and they know that the number you, I had 44 students in each class. I The PRESIDING OFFICER. Under of students who are in that classroom am not suggesting we do that. I am de- the previous order, we were to be in re- will make a difference in their child’s lighted to see this green line. In fact, cess at 12:30. ability to learn and be productive and for some of our children—and our Mr. DOMENICI. I ask for the regular get the skills they need to grow up and States are on to this, too—with great order. I will be glad to give her some get a job and be a positive member of disabilities, we are going to have to do additional time when the amendment our economy and society in the future. better than this. And they are, they comes up again. I think we are sup- Budgets are not just about today. are. They are doing better than this. posed to go into recess right now. Yes, we have a balanced budget before S2798 CONGRESSIONAL RECORD — SENATE March 31, 1998 us today. But, more importantly, we Devone Van Dyne (female), 16 years fits in areas such as reading, language arts, have to ask ‘‘will it be balanced in the old, University High School, Spokane, and math. In our own state of Washington, future?’’ The only way for our budget Washington: ‘‘Class size is really, im- reduction of class size and improved student to be balanced in the future is for us to portant. For example, my high school performance are priorities for both legisla- tors and educators. make sure that our students, who are chemistry class has almost 40 students. AWSP is convinced that class size reduc- in school today, have adequate re- It’s hard to get individual help; lec- tion is essential if our state’s, and nation’s, sources available. To make sure they tures alone don’t work. If there were efforts towards school improvement are to be get the skills they need to contribute fewer students, we could get the kind successful. We appreciate and support Sen- to the economy, so that we have a of help we need. ator Patty Murray’s commitment to this strong budget in the future. ‘‘I have trouble keeping up—it’s easi- end. Mr. President, I ask unanimous con- er to fall behind in a large class. You WASHINGTON STATE SCHOOL DIRECTORS’ sent to add Senator DODD and Senator don’t feel the same investment. I have ASSOCIATION KENNEDY as original cosponsors of this to make sure and find the time outside amendment, as well as Senator class to meet with the teacher.’’ ‘‘As we pursue our state’s goal of improv- Amber Casali, 16 years old, and Re- ing learning for all of our students,’’ Larry DASCHLE. Swift, executive director of the Washington The PRESIDING OFFICER. Without becca Dean 15 years old, Shorecrest State School Directors’ Association, said, ‘‘it objection, it is so ordered. High School, Seattle, Washington: ‘‘In becomes increasingly important that all of Mrs. MURRAY. Mr. President, we elementary school, the benefits of hav- our resources be used efficiently and effec- will vote on this shortly. I believe it is ing smaller class size include getting tively. The most valuable resource in today’s one of the most important issues that more attention from teachers. You can schools is the people who devote their time is before us, and I urge its adoption. do more activities, and fewer lectures. and effort to make schools successful—the Mr. President, I ask unanimous con- You can plan, and work more cohe- teachers. Reducing the ratio of students to sent that material regarding class size sively as a class. Especially for the adults is particularly critical for youngsters with a variety of learning challenges that reduction be printed in the RECORD. early grades 1–3, smaller class sizes are must be overcome if those students are to There being no objection, the mate- very important. It’s so important to meet the new, higher learning standards. rial was ordered to be printed in the start early. Students can develop good ‘‘We acknowledge and commend Senator RECORD, as follows: working skills, and get more attention Murray for leading the way to assuring that WHY IS CLASS SIZE REDUCTION SO IMPORTANT? from the teacher early on, when it our students have the learning environment WHAT STUDENTS SAY counts the most.’’ and the human resources necessary for the Christopher Shim, 17 years old, Mer- kind of schools that will provide the oppor- cer Island High School: ‘‘In elementary STATEMENT BY SANDRA FELDMAN, PRESIDENT, tunities and training they need to become AMERICAN FEDERATION OF TEACHERS ON RE- successful,’’ Swift said. school, I actually feel I was pretty DUCING CLASS SIZES The Washington State School Directors’ lucky. I was able to get personal time Modern schools and more well-trained Association is a statewide organization rep- with the teacher, even though we had teachers are the right antidote for the over- resenting all of the 1,482 locally-elected 30–35 students in my elementary class- crowding that plagues too many American school board members from the state’s 296 rooms.’’ schools. Research shows that youngsters, es- school districts. WSSDA serves as an advo- Chris continues: ‘‘In high school, I pecially in the early grades, perform better cate for the state’s public schools, provides have 40 people in my calculus class. in smaller classes that allow for greater one- training and technical assistance for school This means anytime I have a question, on-one instruction. Smaller classes also help board members and is very active in the leg- islative process. there are 10 people in line.’’ teachers maintain discipline. Parents and Ahmad Javid (A.J.) Aaf, 15 years old, teachers understand this well, and that’s The PRESIDING OFFICER. The Sen- Tahoma High School, Maple Valley, why Senator Murray is absolutely correct in ator’s time has expired. Who yields supporting the President’s proposal to pro- Washington: ‘‘Kids need more atten- time? vide subsidies for school construction and to Mr. DOMENICI addressed the Chair. tion—personal attention for students is emphasize teacher recruitment. important.’’ Several new studies clearly demonstrate The PRESIDING OFFICER. The Sen- Antonella Novi, 18 years old. the link between reduced class sizes and im- ator from New Mexico. Anacortes High School, Anacortes, proved academic achievement. A sampling: Mr. DOMENICI. Mr. President, it is Washington: ‘‘In elementary school or STAR, the highly reputed Tennessee class- with regret that I, once again, tell the high school, class size is really impor- size study, analyzed the achievement levels Senate that this is an empty amend- of K–3 students randomly assigned to classes ment—empty. It states a wish, a hope, tant. Because interpersonal relation- of 13 to 17. Those in small classes did much ships among students are important, better than students in regular classes in and maybe a prayer, and it couches it and being able to talk to the teacher is math and reading, every year and in all in language that says we are setting up important. Closeness leads to com- grades. The small classes made the biggest a reserve. fort—if you ask teachers about school, difference in the scores of children in inner- Reserves normally have something in then you can ask teachers about things city schools. them. This reserve says maybe at some outside the classroom. It’s easier to go SAGE, a Wisconsin program begun in 1996– point in time we will have something 97, reduces class size for K–3 children in cer- to teachers you know.’’ to put in this reserve. Maybe we will tain high-poverty schools. At the end of the raise taxes and put the raised taxes in Antonella continues: ‘‘In high school first year, SAGE kids had made significantly civics class, there is only one teacher, greater improvements in reading, language this reserve. Maybe we will cut a man- teaching two classes of 40 students arts, and math than children had in similar datory program, take away from some each. It’s harder to get through the schools. entitlement program and put it in curriculum, and to get answers to your there. Otherwise, it is an empty questions. THE ASSOCIATION OF WASHINGTON SCHOOL amendment. To have an empty amend- ‘‘When I was younger, I went to PRINCIPALS ment on a budget resolution ought to school in California. We were in one The Association of Washington School violate some rule, and, as a matter of school building when I started, but by Principals (AWSP) is strongly committed to fact, it does. This is subject to a point supporting legislation which reduces class the time I left, the building was sur- size in our public school system. It is in- of order. rounded by portables. creasingly evident that students entering I think from time to time we wonder ‘‘I always got my questions answered our schools have diverse and unique needs whether points of order really contrib- by the teachers. I spoke up; I asked which can only be addressed by principals, ute substantively to an argument. This questions. But there were lots of kids teachers, and support personnel who are not one does. For anybody who thinks this who were quiet, who didn’t get the at- overwhelmed by crowded classrooms. Rather, amendment proposes anything real for tention they needed from teacher. educators must be able to devote attention the classrooms of America—if one ‘‘In smaller classes its easier to re- to each student in smaller, more manageable wanted to have the Federal Govern- classes. late to your peers. You get to know Recent studies on reduced class size and ment involved in a program and if one each other better. In large classes, if their impact on student performance, under- knew what the program was—the truth you don’t like talking in front of large taken in Tennessee (STAR study) and Wis- of the matter is that this is empty and, groups, you’re out of luck.’’ consin (SAGE study), speak to learner bene- therefore, is subject to a point of order. March 31, 1998 CONGRESSIONAL RECORD — SENATE S2799 Mr. President, I yield back any time Mr. LAUTENBERG. I move to lay Without objection, the unanimous that I have remaining. The pending that motion on the table. consent request is agreed to. amendment is not germane to the pro- The motion to lay on the table was AMENDMENT NOS. 2186 THROUGH 2188, EN BLOC visions of the budget resolution pursu- agreed to. Mr. WELLSTONE. If I could ask for ant to section 305(b)(2) of the Budget Mr. DODD addressed the Chair. 10 seconds to send three amendments The PRESIDING OFFICER. The Sen- Act. I raise a point of order against the to the desk. ator from Connecticut. pending amendment. The PRESIDING OFFICER. Without Mr. DODD. Mr. President, what is the Mrs. MURRAY addressed the Chair. objection, it is so ordered. pending business, I inquire of the dis- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is the tinguished manager through the Chair? ator from Washington. Senator from Minnesota seeking con- Mrs. MURRAY. Mr. President, I The PRESIDING OFFICER. Under sent they be called up and then set move to waive all points of order the previous order, debate is to con- aside? against the pending amendment, and I tinue until 4 p.m., evenly divided, at Mr. WELLSTONE. I want to put ask for the yeas and nays. which point the Senate will vote with The PRESIDING OFFICER. Is there a respect to the Senator’s amendment. them in proper sequence. sufficient second? Mr. DODD. I appreciated that. The PRESIDING OFFICER. Without There is a sufficient second. The PRESIDING OFFICER. And the objection, the clerk will report those The yeas and nays were ordered. amendment of the Senator from New amendments. The PRESIDING OFFICER. The Hampshire. The legislative clerk read as follows: question is on agreeing to the motion Mr. DODD. The Senator from New The Senator from Minnesota [Mr. to waive the Budget Act with respect Hampshire, Senator GREGG, had an WELLSTONE] proposes amendments numbered to the Murray amendment No. 2165. amendment. I see the manager is here. 2186 through 2188, en bloc. The yeas and nays have been ordered. The PRESIDING OFFICER. That Mr. WELLSTONE. I ask unanimous The clerk will call the roll. amendment will be voted on also at consent reading of the amendments be The legislative clerk called the roll. that time. dispensed with. Mr. NICKLES. I announce that the Mr. DODD. The debate on that is The PRESIDING OFFICER. Without Senator from Arkansas (Mr. HUTCH- over? objection, it is so ordered. INSON), is necessarily absent. Mr. DOMENICI. Well, Senator The amendments are as follows: I further announce that if present GREGG, we understand, desires no more AMENDMENT NO. 2186 and voting, the Senator from Arkansas time on his amendment, which is his (Purpose: to ensure that the provisions in (Mr. HUTCHINSON) would vote ‘‘no.’’ second-degree amendment. The PRESIDING OFFICER. It is the this resolution assume that Pell Grants for Mr. FORD. I announce that the Sen- needy students should be increased) ator from Maryland (Ms. MIKULSKI) is understanding of the Presiding Officer that the debate is concurrent, but ap- At the appropriate place insert the follow- necessarily absent. ing: The yeas and nays resulted—yeas 46, parently the Senator from New Hamp- ‘‘It is the sense of the Senate that the as- nays 52, as follows: shire did not desire additional time. sumptions underlying the functional levels [Rollcall Vote No. 50 Leg.] Mr. DODD. Parliamentary inquiry. in this concurrent budget resolution on the YEAS—46 Will the Senator allow me to make budget assume that corporate tax loopholes Akaka Faircloth Leahy that amendment? and corporate welfare should be reduced in Baucus Feingold Levin Mr. DOMENICI. I ask unanimous order to produce the funds necessary to in- Biden Feinstein Lieberman consent, if Senator GREGG desires the crease the maximum Pell Grant award to Bingaman Ford Moseley-Braun time, that he be allotted time after the $4,000.’’ Boxer Glenn Moynihan debate on the Dodd amendment. I am Breaux Graham Murray AMENDMENT NO. 2187 Bryan Harkin Reed not sure the Senator will desire that. Bumpers Hollings Reid The regular order would now prescribe, (Purpose: To express the sense of the Senate Byrd Inouye Robb if that unanimous consent is granted, regarding a report of the Secretary of Cleland Johnson Rockefeller Health and Human Services evaluating the Conrad Kennedy Sarbanes the next amendment is Senator DODD’s outcomes of welfare reform) D’Amato Kerrey Torricelli amendment. At the end of title III, insert the following: Daschle Kerry Wellstone The PRESIDING OFFICER. Is there Dodd Kohl Wyden objection? SEC. . SENSE OF THE SENATE REGARDING AN Dorgan Landrieu EVALUATION OF THE OUTCOME OF Durbin Lautenberg Mr. LAUTENBERG. It is my under- WELFARE REFORM. standing, therefore, if the unanimous NAYS—52 It is the sense of the Senate that the budg- consent is agreed to, that Senator etary levels in this resolution assume that— Abraham Gorton Murkowski DODD will have as much as an hour on (1) the Secretary of Health and Human Allard Gramm Nickles Services will, as part of the annual report to Ashcroft Grams Roberts his amendment based on the unani- Bennett Grassley Roth mous consent that was constructed. Congress under section 411 of the Social Se- Bond Gregg Santorum The PRESIDING OFFICER. The time curity Act (42 U.S.C. 611), include data re- Brownback Hagel Sessions between now and 4 p.m. will be equally garding the rate of employment, job reten- Burns Hatch Shelby tion, and earnings characteristics of former Campbell Helms Smith (NH) divided. recipients of assistance under the State pro- Chafee Hutchison Smith (OR) Mr. LAUTENBERG. Between the pro- grams funded under part A of title IV of the Coats Inhofe Snowe ponents and the opponents? Social Security Act (42 U.S.C. 401 et seq.) for Cochran Jeffords Specter The PRESIDING OFFICER. The Sen- Collins Kempthorne Stevens each such State program; and Coverdell Kyl Thomas ator is correct. (2) for purposes of the annual report for fis- Craig Lott Thompson Mr. LAUTENBERG. But if there is cal year 1997, the information described in DeWine Lugar Thurmond any opposition, then, of course, that paragraph (1) will be transmitted to Congress Domenici Mack Warner time would be available. But let us as- not later than September 1, 1998. Enzi McCain Frist McConnell sume for a moment that there might AMENDMENT NO. 2188 not be. Would Senator DODD then have NOT VOTING—2 an hour at his disposal? (Purpose: To provide an additional $40,274,000 Hutchinson Mikulski The PRESIDING OFFICER. Under for fiscal year FY 1997 for medical care for The PRESIDING OFFICER. On this the unanimous consent request, if it is veterans) vote, there are 46 yeas and 52 nays. agreed to, he would be able to secure On Page 21, strike lines 7 through 10 and Three-fifths of the Senators duly cho- the time. insert the following: sen and sworn not having voted in the Mr. LAUTENBERG. I thank the Sen- Fiscal Year 1999: (A) New Budget Authority, $42,840,274,000. affirmative, the motion is rejected. ator. (B) Outlays, $43,340,274,000. The point of order is therefore sus- Mr. DOMENICI. And that is a very On Page 53, after line 22, add the following: tained, and the amendment falls. big assumption. SEC. 317. SENSE OF THE SENATE ON FUNDING The Senator from New Mexico. The PRESIDING OFFICER. There is FOR MEDICAL CARE FOR VETERANS. Mr. DOMENICI. I move to reconsider a unanimous consent request on the It is the sense of the Senate that the as- the vote. floor; is there objection? sumptions underlying the functional levels S2800 CONGRESSIONAL RECORD — SENATE March 31, 1998 in this concurrent resolution on the budget Mrs. FEINSTEIN. I thank the Sen- has been, over the years, such a strong assume that any additional amounts made ator. and such a committed voice for chil- available for the Department of Veterans Af- Mr. President, on behalf of Senator dren. I thank him for that. fairs in fiscal year 1999 as a result of the dec- BOXER and I, I think this one statistic larations of additional budget authority and I think this amendment is extremely irrefutably points out the need for this outlays for fiscal year 1999 for Veterans Ben- important, because all it is really say- amendment. I did not support the wel- efits and Services (budget function 700) by ing is let’s hold out a reserve fund for fare reform bill. The reason I didn’t reason of the adoption by the Senate of this children so when it comes to our com- support the welfare reform bill was ex- amendment be available for medical care for mitments here in the Senate, we make veterans. actly this. The way the bill is weight- the investment. AMENDMENT NO. 2173 ed, the targets that need to be met in Mr. DODD. I call up my amendment the State of California increase with I will be brief. I have had a chance to for immediate consideration. time. We estimated that we had to de- travel the country. I have been in a lot The PRESIDING OFFICER. The velop in California 600,000 additional of low- and moderate-income commu- clerk will now report the amendment child care slots a year just to keep up nities. I have been in a lot of other of Senator DODD. with the need. communities. Let me just say that the The legislative clerk read as follows: What the Senator has just revealed initial travel I did from Appalachia to Amendment No. 2173 previously proposed to me indicates that within this first Letcher County, KY, to Delta, MS, to by the Senator from Connecticut [Mr. DODD]. year we already see a waiting list of inner city Baltimore, to public housing Mr. DODD. I ask unanimous consent 200,000. I expect in the next 2 years this in Chicago, to urban and rural Min- reading of the amendment be dispensed waiting list to increase threefold, up to nesota, everywhere I go people ask the with. 600,000 families waiting for adequate same question: Where is the equal op- The PRESIDING OFFICER. Without child care. portunity for our children? Everywhere objection, it is so ordered. If we want Americans to leave wel- I go this focus on how we can make (The text of the amendment is print- fare behind as a way of life, if we want sure the children come to school ready ed in the March 30, 1998, edition of the to see Americans entrepreneurial and to learn is the priority. We just have to RECORD.) working, then we must see there is ade- do a lot better for our children. We PRIVILEGE OF THE FLOOR quate child care available for the chil- have to do a lot better for all of our Mr. DODD. Mr. President, I ask unan- dren of these families. A great bulk of children. imous consent a member of my staff, the people involved here are single par- My colleague from California talked Dr. Caryn Blitz, be given floor privi- ents with children. They need to earn a about the welfare bill. She is abso- leges during consideration of the budg- living. They have no choice. They must lutely right, there are long waiting et resolution. find child care. lists for affordable child care, even The PRESIDING OFFICER. Without This amendment creates in the re- longer now, because of the welfare-to- objection, it is so ordered. serve fund some moneys to be able to work provisions. Mr. DODD. I have some comments to help the State create the slots. Let me make on my own amendment, but sev- say how difficult this is in California, Above and beyond that, I say that I eral of my colleagues have other mat- an earthquake-prone State, tough meet people, they are heroes and hero- ters to attend to, and I will yield, if I building codes, tough individual county ines of Head Start and child care, they may, whatever time she may consume and city codes. Therefore, these facili- do their very best, and they can make to the distinguished colleague from ties are expensive to build. This a huge difference for children, but we California and then to my colleague amendment provides an opportunity to have long waiting lists all across our from Minnesota. try a number of different approaches, country for affordable child care. When I yield first to my colleague from including employer-based child care, you talk to middle-income families— California. child care that is shared, chambers of this is not just low-income—working Mrs. FEINSTEIN. I thank the Sen- commerce working with schools, work- families, they will tell you that the ex- ator from Connecticut. I want the Sen- ing with college districts to provide pense may be up to $10,000 or more per ator to know what a pleasure it is for teachers for these child care facilities. child, and it can be up to a quarter of me to be able to support the Senator’s All of this can be done. You cannot do their income. amendment and also to say many, it without money. Therefore, I think This is a huge issue. If there is any- many thanks for his leadership on this this reserve fund is certainly small to thing that we could do in the U.S. Sen- issue. I am a member of his task force. begin with but certainly necessary. ate that would be good for families, He has been absolutely indefatigable in It is with great pride that I thank the that would be good for our country, it the pursuit of quality child care for the Senator for his leadership and that would be to make this investment. citizens of our country. I am very both Senator BOXER and I are delighted I have said this before and I will say proud to support this amendment. to support this amendment. it one more time and I will not say it Mr. President, if I might begin by Mr. DODD. I thank both of our col- in a shrill way. I say to both col- asking a quick question through the leagues from California, Senator FEIN- leagues—and I see my colleague from Chair. I ask the Senator from Con- STEIN and Senator BOXER. necticut this question: Is he aware of To our colleague from Minnesota, I Washington here on the floor, as how many children are on the waiting yield such time as he may desire. well—every time there is a discussion list for child care facilities in the larg- of child care, every time we have a dis- PRIVILEGE OF THE FLOOR cussion about children, I think of est State in the Union? Mr. WELLSTONE. First, I ask unani- Fannie Lou Hammer, the civil rights Mr. DODD. I would say to our col- mous consent Joseph Goodwin, an in- leader, Mississippi, daughter of a share- league from California I am aware of tern, be allowed to be on the floor dur- cropper, who said in one of her speech- this figure. It is 200,000. The reason I ing the duration of this debate. es, ‘‘I’m sick and tired of being sick know that number is because in 1996 I The PRESIDING OFFICER. Without and tired.’’ Sometimes I get tired of asked the General Accounting Office to objection, it is so ordered. do an assessment to determine the ex- Mr. WELLSTONE. Mr. President, the symbolic politics. Everyone loves tent to which the child care needs of first of all, let me start out on a per- children. Everyone wants to have a working families were being met, in- sonal note. I really consider it an photo opportunity next to a child. Ev- cluding whether there were waiting honor to work with Senators. I con- eryone says they are for children and lists for child care. California was one sider it an honor to be here. Every time education. Every breed of political per- of the States that was surveyed. The I come to the floor of the Senate, I still son says that. But there comes a point report found that California presently get goose bumps, and I think it is in time when if we are really for chil- has some 200,000 families who are wait- something I never expected to have a dren we have to dig into our pockets ing for a quality, affordable, accessible chance to do. and make the investment. child care slot to open up so they may Senator DODD is one of the Senators There is no more important national leave their child in a safe place. I most love working with because he security issue than to invest in the March 31, 1998 CONGRESSIONAL RECORD — SENATE S2801 health and skills of intellect and char- country, but certainly on the east Child Development Center, there are acter of our children, all of our chil- coast right now there are as many as 5 500 on the waiting list—500 kids who dren. That is what this Dodd amend- million children who have no safe place will never cross the threshold of that ment speaks to, that is what the posi- to go after leaving school. We know center by the time they reach 6 years tion that Democrats are taking speaks that for parents who have no choice of age and are supposed to go to school to, and I really think that this is where but to be in the workplace, when and be ready to learn. The truth is that the rubber meets the road. This is school lets out, and before they get in too many schools in America today, where ‘‘the differences make a dif- home from work at 5 o’clock or 6 when kids are 6 years old and they go ference.’’ o’clock, there is a great sense of anxi- to school, there are among them chil- I am hopeful that colleagues on the ety about where their child is? They dren who cannot recognize numbers, other side, many of them good friends, worry: Who is watching my child? who cannot recognize colors or shapes many of whom I think do have this What is my child doing? or forms or even perform the most sim- commitment, will support Senator We know from police chiefs all over ple kinds of problem-solving. DODD in his amendment. It is just not the country, that juvenile delinquency Now, I know our Republican friends enough to give speeches. It is just not rises, not after 11 p.m. at night, but be- speak a lot about values and about the enough to be talking about how we are tween 3 o’clock and 8 o’clock in the nature of parenting and the importance for child care and children and edu- evening. of it. But the fact is that, in America cation. We have to make the invest- My hope is to raise some legislative today, one-third of our children are ment. That is what this amendment ideas which would allow us to at least born out of wedlock. They start with a speaks to. deal with after-school care, with infant single parent. In too many cases, that I yield the floor. care, with the quality of child care. single parent is out in the workplace Mr. DODD. I thank my colleague But, I am being told by the budget res- trying to make ends meet, and the from Minnesota for his eloquent re- olution I cannot do that; I cannot bring child has nobody at home. I was in a marks. Let me turn to my colleague up my idea on after-school care on middle school the other day in Boston, from the State of Washington who has child care in this Congress because it is with kids age 10 to 14, 35 kids in a class. been a leader long before she arrived in subject to a point of order. I don’t I asked them, ‘‘When you go home at 2 the Senate on the child care issue as a think it is fair. I don’t think it is right. o’clock in the afternoon, how many of member of the legislature in Washing- I think it is harmful to children and you go to a house, apartment house, or ton. working families. whatever, where there is no adult Mrs. MURRAY. Thank you, Mr. My colleague from Massachusetts present until around 6 o’clock in the President. cares about this issue very, very much. evening?’’ Fully 50 percent of the hands I thank my colleague from Connecti- I know he has some comments he in that room went up, Mr. President. cut, Senator DODD, for offering this would like to share as well. Whose fault is that, theirs or ours? It is amendment I offered in the Budget Mr. KERRY. Mr. President, I thank ours. Committee. I can tell you, as a work- my colleague from Connecticut for the ing parent, one of the most critical time. I also thank him particularly for What the Senator from Connecticut issues that faces parents every single his longstanding leadership in the Con- is trying to say is, let us at least have morning across this country is, will my gress on this issue. There has been no the vision of trying to set aside a re- child have a place to be? I have had the more persevering or more eloquent serve fund that will permit us to be experience, and I guess that many par- voice on the subject of children than able to come down the road and say ents across this country have had the Senator DODD. that we are going to help America do experience, of dropping their child off This is really the most important this. Out of 3 million children in the at day care on a Friday and have them work we can do in America today: pay United States of America that are eli- say to you, ‘‘We will not be here on attention to our children. All across gible for early Head Start, only 30,000 Monday. We decided to go out of the this country, on a daily basis, we pick get it. Out of 1.6 million kids in Amer- business.’’ There is nothing worse that up a newspaper and read a headline ica that are eligible for Head Start can happen to you in a day than to all about trouble that comes from children itself, only about 800,000 get it. of a sudden panic and try to find a who are not structured in their lives in Now, Mr. President, if we don’t want place to put your child who may be 2, the course of a day, who don’t have the to come back here and decide how 3, 8, or 10, and you know they need a care they ought to have at the earliest many prisons we are going to build and safe place, you know you need to be at stages of their lives. Every bit of pedi- how many drug abuse programs we work Monday morning, and there is no- atric, psychological, psychiatric, early need and how we are going to cope with where for your child. child development evidence that we the trauma in our streets or deal with Mr. President, across this country have in this country indicates that the countries that can outcompete us in businesses are recognizing this critical first years of a child’s life are abso- the marketplace because our kids don’t issue because they know they need lutely the most important in the devel- have the skills for the new world of their employees to be productive. A opment of that child. You could lit- globalization and technology, this is productive employee is not sitting at erally have a brain that is 25 or 30 per- the business of America that we should work worrying about whether their cent larger, based on the appropriate be paying attention to. I think it’s un- child is safe or taken care of; a produc- nurturing, attention, problem-solving, conscionable that we can have a re- tive employee is one who knows their love, and focus that children get in the serve fund for tax cuts but not a re- child is all right. This amendment sim- earlier stages. Why? Because that is serve fund for children. I can’t think of ply puts in place a placeholder so that when the brain connections are being anything more important in the busi- this Congress will address the issue made. We know this scientifically be- ness of the Senate than to at least say that is discussed at almost every kitch- yond any doubt whatsoever. let’s avoid the parliamentary chica- en table of every family across this In Boston the other day, I was in the nery of a point of order on behalf of our country. Castle Square Early Child Develop- children. A point of order can deprive I thank my colleague from Connecti- ment Center. There are 67 kids there. our kids of the opportunity to have cut for being a leader on this issue for They are getting a nurturing, caring, child care, because I will tell you, Mr. so many years. structured environment which, while President, there is a majority in the Mr. DODD. I thank our colleague their parents are out at work, is pre- Senate prepared to vote for it—a ma- from Washington as well. As I men- cisely what we required in the welfare jority. To steal from the majority of tioned, her experience goes back to her bill. Precisely what most Americans those Senators the right to be able to years of public service and her years as want most other Americans to be shar- give those children that child care is to a parent. ing along with them is the burden of take it away from those children itself I was looking at the clock as she work in America. So while they are out for the sake of parliamentary process spoke. It is almost 3 o’clock. This doing it, where are their kids? For the and not for a future vision of this coun- would not apply to all parts of the 67 kids in the Castle Square Early try. S2802 CONGRESSIONAL RECORD — SENATE March 31, 1998 I thank my colleague profoundly for As long as the dependent care tax how to best care for their children. For his willingness to bring this to the credit remains non-refundable, expand- too many American families the high floor of the Senate. ing it will not help modest-income cost of child care puts options out of Mr. DODD. Mr. President, I thank my working families. In fact, a two-parent their reach. colleague from Massachusetts. And I’d family with two children that pays $400 In Illinois, full-day child care can like to recognize him for his signifi- per month for child care would not cost from $4,000 to $10,000 per year for cant contribution to the issue of child begin to benefit from a non-refundable just one child. This can be compared to care, particularly to early child devel- expansion until its annual income the cost of a college tuition at the Uni- opment. We’ve all learned a great deal reaches almost $31,000. versity of Illinois of just over $4,000. over the past year about brain develop- Let me emphasize that. If you have These high costs often force parents ment and the critical period in chil- two kids, a $30,000 income, and you pay into unsafe choices. A recent national dren’s growth from the ages of zero to $400 a month for child care, you’re not study found that 40 percent of the 3. My colleague from Massachusetts going to benefit at all from current rooms used to provide care for infants has been instrumental in focusing at- proposals to expand the dependent care in child care centers provided care that tention on the needs of children during tax credit. Your income is just too low. was so poor as to put the child’s health, the earliest years. I am particularly Finally, I know that the Republican safety or development at risk. Only 8 grateful that he is here today to com- budget resolution is assuming some ad- percent were rated as providing quality ment on this amendment. ditional discretionary funds for child care for infants and toddlers. These I ask unanimous consent that Sen- care. But I question whether these statistics do not even take into ac- ators MURRAY, KERRY of Massachu- funds will materialize given the strict count those parents who cannot find setts, DASCHLE, KENNEDY, LAUTENBERG, overall caps on discretionary spending. care at all. In Chicago, for example, a LANDRIEU, DURBIN, WELLSTONE, KOHL And, in any case, discretionary spend- 1995 report found the demand for child and HARKIN be listed as cosponsors of ing is a 1-year, short-term approach to care for infants exceeded the supply. this amendment. a long-term problem. Americans’ child Without choices, parents are unable The PRESIDING OFFICER. Without care needs are increasing, and families to work, have to forgo needed family objection, it is so ordered. should have our commitment that we income, or are unable to devote their Mr. LAUTENBERG. Mr. President, I will lend a helping hand. full time and attention to their work. want to express my strong support for Mr. President, I hope my colleagues The lack of choices not only affects the the Dodd amendment. This amendment will agree that it’s time to address family but has a direct and negative would provide a reserve fund to im- child care needs in a serious way. And impact on the economy as a whole in prove the affordability, availability, I hope we can get bipartisan support public assistance and lost productivity and quality of child care. It also would for Senator DODD’s important amend- costs. support families’ choices in caring for ment. A 1991 study for the Illinois Depart- their children. Ms. MOSELEY-BRAUN. Mr. Presi- ment of Public Aid, for instance, found As you know, Mr. President, child ODD that for single parents in Illinois re- care remains a pressing national prob- dent, first, let me thank Senator D lem. More families need it. Not enough for his important leadership on this ceiving welfare, child care problems families can afford it. And there aren’t issue. I am a cosponsor of his child care kept 42 percent of them from working enough qualified professionals to pro- ACCESS bill and I am proud to join full time. Twenty percent of those vide it. him in supporting this amendment. women who worked but returned to Families with children under 5 and I have been on this floor already welfare within a year were forced back with incomes under $14,400 a year today today talking about the importance of onto welfare because of child care prob- spend one-quarter of their incomes on education and how closely educational lems. For those who had to quit school, child care. Yet only 1 of every 10 chil- attainment is tied to every indicia of 42 percent left because of child care dren eligible for child care assistance well being. From an individual’s phys- programs. While the statistics may not receives it. Most modest-income fami- ical health to the nation’s economic be so stark for middle-class families, lies are getting crushed by the costs of health, education is the key. the effects can be as great. The lack of child care. With this amendment, we turn to the decent, affordable care crosses eco- Compounding matters, the quality of issue of child care. I submit that ade- nomic lines. much child care remains seriously defi- quate public and private funding for The fiscal year 1999 budget resolution cient. And a major reason is the high child care is a necessary foundation for has several provisions for improving rate of turnover among child care pro- educational attainment and economic child care, but these are tentative and viders. More than one-third of them well being at every level. Children who modest compared to the need. This leave their jobs each year, largely be- are not well cared for have trouble amendment will allow those in the cause of low wages. thriving and succeeding in school and Senate concerned with the lack of Mr. President, this amendment would in life. Parents who cannot find or af- child care choices for at-home and help address these problems by provid- ford decent child care cannot work or working parents to effectively target ing a mechanism for additional federal are less productive and reliable when public and private resources to address support for child care. And it is criti- they are working. We all suffer when the child care crisis. We cannot slam cally important. good, safe child care is not available. the door on child care as we open the Some have argued that working fam- Children who have the opportunity to door to the 21st Century. It would be ir- ilies don’t need this help, because the learn and grow with adult care and at- responsible. I urge my colleagues to states already are getting more federal tention will do better throughout their vote for this amendment. child care funding than they can spend. lives. Recent studies have confirmed Mrs. MURRAY. Mr. President, I rise But that is just wrong. According to that the first three years of a child’s in support of the amendment offered by the latest HHS data, states’ child care life are the most critical in a child’s Senator DODD, and I commend the Sen- outlays are 90 percent of total budget development. For a child, it is these ator from Connecticut for attempting authority for 1997, and states have obli- first three years that have, as a Carne- to make the Senate address the need to gated 99.8 percent of those funds. gie study stated, ‘‘. . . a decisive, long- improve affordable childcare in this na- Morover, so far in 1998, states are draw- lasting impact on their well-being and tion. ing down child care funds at a higher ability to learn.’’ Mr. President, few issues are more rate than last year—and at a higher There are many child care alter- important in determining the future of rate than either CBO or OMB had pro- natives for families ranging from our children and our nation than ac- jected. small, home care settings to child care cess to safe and affordable child care. I also have heard the argument that centers with low child to teacher ratios Ensuring the availability of affordable, we don’t need to support spending on to a stay-at-home mother or father— quality child care programs must be a child care when we can expand the de- but only if the families can afford top national priority for us as law- pendent care tax credit instead. But them. The key to successful child care makers, as parents, and as citizens. that’s just not sufficient. is that the parents have choices about Today, we have a rare opportunity to March 31, 1998 CONGRESSIONAL RECORD — SENATE S2803 offer hope to families struggling to find perception and social skills that allow Efforts to improve K–12 education or keep their children safe and learn- them to succeed in school and in life. can never be fully successful when one- ing. We cannot continue to view child third of our children enter kinder- By sponsoring this amendment, Sen- care as ‘‘just another expense.’’ Fund- garten unprepared to learn. ator DODD has sent an important mes- ing for quality care represents a wise We cannot not allow providers to sage to every American who is working investment in our nation’s future. maintain environments which harm hard to raise a child—we know it is Studies consistently show that quality our children. The federal government sometimes difficult, and we know your child development programs produce must do something to help states im- government has a responsibility to as- long-term positive social benefits. prove their standards—we cannot allow sist you in your most important work. Quality care reduces the anti-social be- dangerous and inadequate child care With this amendment, of which I am havior and chronic delinquency which environments to continue. A recent lead cosponsor, we make room in the threaten the stability of our commu- analysis of state regulations found that budget to lay out a vision for the type nities. Early child development must no states have child care safety regula- of assistance the American public has also be a priority if we truly want to tions above the ‘‘mediocre’’ level. told us will truly help. halt the spread of crime. Law enforce- We must also improve standards in First, I must say that like many ment leaders across the nation agree the half million to million unlicensed issues affecting children and families, that investments that create a safe and home child care businesses operating in child care is not a Republican or a nurturing environment for children, es- this country. Simply because a child is Democratic issue. Senator DODD and I pecially in the critical hours between 3 in an unlicensed facility does not de- have had the opportunity to work to- and 10 p.m., will sharply reduce crime. crease her need for developmentally- ward child care solutions with several Some early childhood services for appropriate challenges. There are Republican senators over the past cou- low-income toddlers have been found to things we can do to increase the kind ple of months. Although both parties cut the number of chronic criminal of- of care that stimulates a child’s early and the administration have submitted fenders by 80 percent and delinquency growth. Parents are an integral part of a differing child care proposals, I know by 90 percent. By providing children child’s early developmental growth and we can all work together to create a with the preparation to learn, quality must have the opportunity to become new child care law that does what child care prevents the lack of literacy involved in early child care programs. American families need. With the right and marketable skills that force many Parents cite lack of time as the top mix of participation from families and people to rely on public assistance. reason for not becoming involved in communities, private industry, and By reducing the later, more-expen- their children’s education. I am proud government, we can create a child care sive costs of public assistance and im- to have sponsored the Time for Schools prisonment, investment in child care system that is the envy of the world. Act of 1997 which expands uses for time But we don’t have that system today. can save billions of taxpayer dollars. under the Family Medical Leave Act to And, this is why the Senator from Con- The High Scope Preschool Study found allow parents to be involved in their necticut’s proposal is so critical to our that by providing increased tax reve- children’s education, or to take care of nation’s success. Because child care is nues and reduced costs of crime and child care emergencies, without losing not just a place you put a child until welfare, every dollar invested in high their job. you get home from work. If we know quality early childhood programs for There is also so much more we can do one thing about child care today, that low income children eventually saved to involve parents in the care and edu- many of us have long intuitively $7 of taxpayer money. cation of their children. Across this na- known was the case, it is that child Despite the monumental con- tion, people have worked to put tools care is an enterprise defined by the sequences, the current American ‘‘sys- in the hands of parents, so they can quality of education and care that it tem’’ of early child development meets make the best choices possible when it provides. neither the demand for supply, nor the comes to the care of their children. The Let us examine some of what we quality required of it. In too many family is the engine that drives our know about child care in America communities, parents are simply un- economy and society. Any child care today: able to find affordable, quality care. legislation must include efforts to get Recent research about the way a The situation is especially acute for parents and families the information child’s brain develops shows us the im- low-income parents; the working poor they need, whether it’s about choosing portance of quality care to a child’s currently face waiting lists in thirty- quality child care, choosing to stay healthy development. The first three eight states. Although children from home and care for a child, or choosing years of a child’s development are deci- low-income families receive the most strategies to make caring for a child sive in determining that child’s future. benefit from child care, they attend safer and more affordable. Quality child care, with an age-appro- child development programs at only There are things that states across priate developmental and educational half the rate of children from high-in- the nation can learn from my the expe- focus, provides the early stimulation come families. riences of my home state of Washing- required to correctly develop a child’s The 1996 welfare law dramatically in- ton. Washington state has a child care sensitive neural systems. creased the already urgent demand for system nationally recognized for its ex- It is time for policy-makers and the affordable, quality child care. Welfare cellence. State licensing requirements American public to reject the narrow plans will direct over two million par- far exceed federal standards and go fur- view of early child care and education ents, mostly mothers, into the work- ther than almost all state regulations as separate entities. Early child devel- force. Without the support provided by towards ensuring safe child care. The opment must now assume its place in child care which meets at least mini- state has implemented an integrated our local and national funding prior- mal standards of affordability and system of child care assistance for all ities as an integral piece of the edu- quality, few parents can afford to leave low-moderate income families, regard- cational process. Child care lays the the home for the workplace. less of whether they are involved in foundation required for a lifetime of Too many existing child care pro- work first programs. In addition, the learning. grams fail to provide developmentally- state legislature has instituted a train- Children who experience quality care appropriate care. Studies show that ing requirement for child care profes- demonstrate higher language and math less than a tenth of child care centers sionals, and provided initial funds for a skills when entering school. Our first provide appropriate care. A recent na- training system and a registry to track National Educational Goal is that by tional study found that most centers that training. the year 2000 every child will enter provide care that is poor or mediocre. But even in a state like Washington, school ready to learn. Without quality The widespread lack of appropriate the lack of investment from the federal early child development programs for training and experience, and the lack level forces difficult choices at the all children, we cannot meet this im- of safe facilities, holds long-term con- state level—in our case, lower subsidies portant goal. Early child development sequences for the health and develop- which are reducing options for low-in- also gives children the increased self- ment of American children. come parents. S2804 CONGRESSIONAL RECORD — SENATE March 31, 1998 So whatever solutions we seek here ment gives us a chance to do some- enough about the interest and need for must give assistance flexibly to states, thing good for American families. child care improvement, we will find so individual states can make improve- The Senator from Connecticut has the money for this. Within the context ments in the areas where they need it introduced legislation to address this of a balanced budget, with or without a most. issue more comprehensively than the tobacco settlement or any other pos- Two other discussions in my state amendment before us today. I am sible funding source—if this is a na- are very promising, and they deserve proud to be a cosponsor of that bill as tional priority, we can take this step. your attention. well. But if we do not pass this amend- But the American people must weigh First, there is the work of the Human ment, this Senate will never even have in, or it will not happen. Increasing the Services Policy Center at the Univer- a chance to debate the merits of the supply of quality child care must be- sity of Washington. The Policy Center bill that could actually improve child come a top national priority. Failure has reached out to leaders in the pri- care for working parents. to do so threatens our children’s fu- vate and public sectors, and to parents Working Americans, many of them ture, and that of our nation. I urge my and the child care community, and lower income, are in the greatest need colleagues to support the Dodd amend- come up with recommendations to im- for assistance in our current child care ment. prove child care financing. Their study, system; the Dodd-Kennedy-Harkin- Mr. DODD. Mr. President, let me ‘‘Financing Quality Child Care in Murray ACCESS bill would do a lot of take a few minutes and describe what Washington,’’ provides a thorough re- important things to help them. It in- we are trying to do. This amendment is view of the state of child care financing cludes refundable tax credits to provide a procedural one. I am not really de- in one state, with implications for our such assistance. The ACCESS bill does bating the issue of how we should re- national debate. not mandate national standards; it solve the child care crisis—although Another very exciting discussion and gives states the funding and flexibility there are certainly no shortage of opin- project is underway in Spokane, Wash- to make quality improvements where ions on how we ought to do that. All I ington, of which you all should be they see them as necessary. The bill am trying to do here with this amend- aware. It is a family child care dem- expands Family and Medical Leave to ment is to say, at some point later this onstration home and small business more employees. Taken along with my year, if the funds are available, can I center, created by a wide array of part- ‘‘Time for Schools Act’’ allowing par- bring up a child care amendment with- ners: ents to take care of child care emer- out being subjected to a point of order? Founding partners, including The gencies, this represents a true step for- That is all I want to do. We can get to Health Improvement Partnership of ward. the merits of various child care propos- Spokane, Holy Family Hospital, the The ACCESS bill provides funding for als at some point later. But under this Nevada-Lidgerwood Neighborhood, and important quality improvements, in- budget resolution, I am precluded from Northwest Regional Facilitators (the cluding resource and referral services bringing up such proposals, unless I local child care resource and referral —currently the best source parents can override a point of order that re- agency); and newer partners, including have for child care information in quires a supermajority. I don’t think the Child Care Facility Fund of Wash- many states. Parent education can be that is right or fair. ington State, the Dayton Hudson Foun- expanded with these funds—giving par- I don’t disagree with those who dation, Spokane Falls Community Col- ents the kind of information and re- might say we want to provide a tax cut lege, Eastern Washington Association sources they are looking for. as a result of having additional reve- for the Education of Young Children, The bill makes several changes to nues, either because the economy is Eastern Washington Family Child Care promote the kind of private/public doing tremendously well or if we are Association, Family Care Resources, partnerships happening in my state. It able to come up with a tobacco settle- Kathy Modigliani National Accredita- sends out challenge grants and em- ment. But what I don’t understand is, tion, the National Association of Child ployer tax credits, but doesn’t limit if it’s OK to bring up those issues, why Care Resource and Referral Agencies, businesses’ involvement to the children can’t I bring up child care, which is a the Washington State Office of Child of their own employees. The quality of staggering problem? Five million chil- Care Policy, the Small Business Devel- child care in the community as a whole dren at this hour, as they finish school opment Center, and the Washington will benefit from such provisions. for the day, are home alone, unat- State Child Care Resource and Referral But the point here today is that we tended. Thirteen million children, Network. will never even have a chance to pose every day need some kind of child care The project is called the ‘‘Family such questions to the Senate if the setting. And their parents need the Child Care HOME (Hands On Model En- Dodd amendment is rejected. That is ability to pay for that care. But, as you vironment)’’ and provides child care in because the budget resolution before us can see from this graph, due to inad- a high quality family child care setting today does not allow us to debate equate funding, only 1 in 10 eligible for children from infant to age twelve. childcare. It makes no provisions for children are receiving assistance from The projects also provides orientation addressing the childcare needs of the Child Care and Development Block and training for child care providers, American families. By reading this res- Grant. Many other families are left to and a business incubation center for olution, one could easily conclude the cope with skyrocketing costs. As you new family child care businesses. The majority party in the Senate simply can see from this second chart the cost HOME project partners have also set does not care about childcare. of child care in various cities across up a revolving microcredit loan pro- Not every partent can afford to hire America is truly astonishing. In Bos- gram, for child care providers to pur- a nanny to look after their children. ton, child care for an infant is $11,860 a chase equipment, expand their busi- When we begin to see child care, espe- year. For a 3-year-old, it’s $8,840. For 6- ness, acquire professional training and cially family child care, as a business year-olds, it’s $6,600. Costs of child care remodel their facilities. On site at the opportunity, and supporting invest- in other states—Florida, Minnesota, child care home, there is a library, ments that lead to child care busi- Texas, Colorado—range from $4,000 to equipped with toys, books, start-up nesses becoming licensed and meeting $9,000. supplies, videos, and child centered other quality guidelines then we will These figures are all the more aston- leaning materials for all child care pro- begin to build capacity in our commu- ishing when you realize that half of all viders throughout the county. In addi- nities. We want people to enter this the parents with young children earn tion, there is a consumer education business, to do it well, and to succeed. less than $35,000. Can you imagine how center for parents, businesses, and As I mentioned, there is bipartisan difficult it must be for a family in the communities to learn more about fam- agreement about the need to improve city of Boston that earns $35,000 a year ily child care. child care in this country. There must to afford $11,000 in child care for an in- I have gone into some detail today, also be agreement about funding, or we fant? Your family is making $35,000 a about the state of child care in this na- will not have child care improvement year and you may have to spend a third tion, and some examples from my own this year. I can assure the American of your budget on child care. How do home state, because the Dodd amend- public that if Congress hears loudly you make ends meet? March 31, 1998 CONGRESSIONAL RECORD — SENATE S2805 I am not suggesting that the federal all for somebody who is going to hold a wage 40 hours a week, their income is government should pick up the whole child’s life in their hands. Where is the $21,000. By the time they pay whatever tab here. But I have some ideas about logic in that? taxes and other requirements for that how we can leverage funds from states, What I would like to see is debate on paycheck, they don’t even take home from communities, and from busi- how we can improve the quality of enough money to pay for the child nesses. But I can’t even offer these child care, through training, and by care. ideas without overcoming a point of improving provider-child ratios. I want So what are some of the options? order. to debate tax cuts to assist businesses Some of the options have been out- Whatever else you may agree or dis- that want to provide child care to their lined, mostly on this side of the aisle. agree with when it comes to child care, employees. I know my colleague from Tax credits for businesses—we have to isn’t it at least fundamentally fair on Wisconsin, Senator KOHL, would like do a better job as an employer, our- an issue this important that we be al- the chance to present this very good selves, in the Senate, in the Federal lowed in this body to debate our op- idea. Government, to make our systems and tions? The budget resolution is about There is something fundamentally our centers more affordable to all of making decisions on how to spend the wrong with a process that would pre- our employees, from our highest paid money of the American people. Now clude debate on those ideas. to our lowest paid. We can do that. We not all of my constituents may agree I see my colleague from Louisiana, can also provide some direct subsidies, that child care is important, but a lot Senator LANDRIEU, is here. Let me, if I some tax credits, and then some block of people do. I am going to have to say can, yield a few minutes to her. I turn grants, in addition, to States to expand to them: I am sorry, I can’t even bring to my colleague from Louisiana, who the slots that they have. up your ideas about what we should do has worked for many years on chil- But my final point on this is to say to make sure that your child has a safe dren’s issues in her state and has to this Senate and to our colleagues place to be when you can’t be with brought great energy to these matters that we can talk about family values, them. I am not allowed to raise your since her arrival in the U.S. Senate. talk about how much we love our chil- concerns under this budget resolution. Ms. LANDRIEU. I thank my col- dren, talk about how important fami- We are allowed to have, on page 27 of league from Connecticut for his great lies are, but, really, our checkbooks re- this bill, title II, budgetary restraints and tireless leadership on this impor- flect our priorities. In this budget, it and rulemaking, line 3, a tax cut re- tant issue. doesn’t reflect that our priorities are serve fund. That is allowed. So we are Mr. President, it has been well stat- our families or our children. Only Gov- allowed to have a reserve fund for tax ed, the need for child care in the ernment, through some action—not by cuts, but we’re not allowed to have a United States. But the point I want to doing it all—can pull this system in reserve fund for child care. make is that the child care that is just our country together for child care and All I want to do is to create a reserve barely there now in our system is not reward, if we will, the families who are fund to leave open the possibility of really affordable to working families. working and have made the best dealing with the issue of child care. As much as there is not enough of it, choices they can for their families. Vote against me later if you want. and not enough spots, we have a real I hope we can adopt the amendment Stand up and say you’re sorry, but you crisis, as my colleague from Connecti- of Senator DODD and many other don’t like my ideas. I will accept it if cut and others realize, because even if amendments that speak to this issue, you disagree with me. But, I can’t it were available under the current sys- because there is a crisis in this country imagine anybody here, regardless of tem, it is not really affordable to work- and one that we should not ignore and ideology or party, would say I should ing families. one that our checkbook—not our words not be allowed, in a budget resolution We have the majority, 65 percent of but our checkbook—should reflect. —to address a priority we all agree is moms—and I am in that 65 percent; I I thank the Senator from Connecti- pretty high on the list. I ask my col- am a working mom here in the Senate. cut. leagues here, 50 plus 1, to say we agree I have a 6-year-old and an 8-month-old, Mr. DODD. I thank my colleague. with you, we think that ought to be a so I can really speak to all those moth- Let me reiterate the point of this priority and we are going to support ers and fathers who are working with amendment. What this amendment you. As it stands right now, if it tries children at home. Some of us work out would do is establish a deficit-neutral to raise concerns or offer solutions to of choice, but many of us work out of reserve fund, similar to the tax reserve this problem then I have to produce a necessity. Many, many parents have to fund created by the Chairman on page supermajority to overcome a point of work; they don’t have a choice to be at 27 of the resolution, to improve the order—which everybody around here home. Because of some laws that we availability, affordability, and quality knows is virtually impossible to do. just recently passed—welfare-to-work of child care. A reserve fund—for those Mr. President, this is a very real and welfare reform, which I generally who may not be aware—is simply a issue, one that I think is important. I supported—we have now mandated it. mechanism that allows legislation, in only have half an hour and to even de- It is not a choice that many poor this case child care legislation, to be bate this issue and to tell people why I women have now; we have actually offered later in the year without the feel so strongly about it. We have to mandated that they leave home and go threat of a budget point of order being move along. to work. So we have made what was a brought against it. I will say from the outset that I have problem 2 years ago even greater by Why is that necessary? The budget great respect for the chairman of the forcing many women, who were home, resolution before us today forecloses Budget committee. He has a thankless out to work. the possibility of other meaningful and job, as does my colleague from New It seems to me that in our efforts to- comprehensive solutions to child care. Jersey. It is difficult work. I sat on his wards welfare reform—which, again, I It does contain some proposals for committee for a number of years. I re- support—some Members of this Con- child care, but it doesn’t allow us to alize it is not easy to put a budget res- gress might be somewhat hypocritical offer our alternatives for meeting the olution together. But I believe I ought in mandating poor women to go to concerns of families in this country. to have a chance—I believe I deserve a work, wanting to give tax breaks for Senator MURRAY, our colleague from chance—to speak to the needs of chil- middle class women to stay home, and Washington, offered an amendment as dren in this nation. There are millions then not providing child care to any- a member of the Budget Committee in of children, Mr. President—who don’t body that is affordable to anybody. Mr. the markup which would have kept our have access to high quality care. Only President, that is really the situation options open. That amendment and 17 States have child care standards we are in, which is a crying shame for this one would allow the Senate to con- that meet even minimal standards of the working families in our country. sider mandatory funding—just consider quality. In most States, if give mani- I know my colleague from Connecti- it, not require it—for child care. This cures, if you work on someone’s nails, cut knows the average cost of out-of- amendment was rejected by the com- you have to meet tough standards. But home care is $6,000. For even two par- mittee along party lines. So, as the only 17 States require any training at ents who are working at a minimum budget resolution now stands, future S2806 CONGRESSIONAL RECORD — SENATE March 31, 1998 legislative attempts to improve the $15 billion or $20 over 5 years can be for Medicare. What some of us are say- quality of child care, or to help fami- found to commit to child care. But ing here is that we don’t disagree that lies afford the skyrocketing costs of under this budget resolution, I would certainly part of it ought to be for that care, or to create after-school pro- be subject to a point of order; is that purpose. But we think in addition to grams for the 5 million children home not correct? Medicare there are some other legiti- alone each day after school, to provide Mr. DOMENICI. The Senator is cor- mate purposes, and one of them is child for care for children with special rect. But I didn’t raise that point. I an- care. health needs, are all shut out. I would swered a statement you made that you The fact is that the tobacco industry like the opportunity to offer those would be precluded from offering it has, for generations, targeted chil- ideas. To do so, this amendment must under this budget resolution. All I said dren—and we all know that to be the be adopted. If not, then I am foreclosed is, anybody can offer a spending bill, an case. Certainly their advertising, Joe from doing so, and that is the reason I entitlement, mandatory spending bill. Camel for example, has been designed am asking for support. It will not be subject to a budget point to appeal to kids. Why? Because the in- Mr. DOMENICI. Will the Senator of order if it is paid for, and the ‘‘paid dustry knows that 90 percent of the yield for a question? for’’ is either cutting other similar pro- adults who smoke began as teenagers. Mr. DODD. I am happy to yield to my grams or tax increases that you use for We are suggesting if you have some colleague. it. additional resources generated by to- Mr. DOMENICI. I do not need time in You raise a different question. You bacco company payments, shouldn’t opposition for another 5 or 6 minutes, raise the question now, which I did not some of those funds be targeted to chil- if he wants to speak some more. He is think was in your reserve fund, because dren and families? That is all we are eloquent on the subject. Even though the reserve fund is set up for all of the suggesting. I am certainly not asking his amendment is quite deficient, he is tobacco settlement receipts. If you for the money to go exclusively to spectacular in terms of his presen- want to take something out of that, child care. I am not asking for a provi- tation. then, like others, you might want to sion which says that money from to- Let me just ask a question. amend that. If you try to amend that, bacco can only be used for children. I Mr. DODD. Certainly. we suggest that money should go to wouldn’t say that, because I respect Mr. DOMENICI. You said even if you Medicare. So that will be the battle, the fact that there are other activities wanted to present a child care pro- and we will have that out. There will that need and deserve these dollars— posal, you would be precluded from be a number of amendments which han- public health programs, smoking ces- doing that unless there were something dle it that way. sation and biomedical research, and in this budget resolution that allowed Let me just also suggest that you certainly Medicare. But I think that it. I don’t believe the Senator meant mentioned appropriated accounts. I child care also has merit and that I that. For, let me tell you, this budget don’t want to get this to be a mumbo- ought to be allowed to make a case on resolution does nothing to the right of jumbo ‘‘budgetese’’ discussion here, but why it deserves some of these tobacco anyone to bring up a bill with a new your amendment is not one that has dollars. entitlement, which is what you are anything to do with discretionary pro- Again, we may differ, as we certainly contemplating, so long as it is paid for. grams. It creates an entitlement pro- do, about how a child care bill ought to You would have to provide tax in- gram. So the discretionary caps which be framed. My colleague, for instance, creases or entitlement restraint. And we are all—excepting maybe three Sen- from Vermont and my colleagues from you can offer all the child care add-on ators or four—coming down here say- Kansas, PAT ROBERTS, Senator SNOWE mandatories you would like; they may ing we want to keep—and I don’t know from Maine, Senator COLLINS from not pass, but they would not be subject where you stand on that, whether you Maine, Senator SPECTER of Pennsyl- to a point of order. The budget proc- want to break them or not—you break vania and others—all have had ideas on esses are complicated and in some those by spending discretionary child care which are ones they would cases arcane, but there is a simple one: money. You don’t break them by creat- like to have considered. So when I You pay for entitlements with entitle- ing a new mandatory program, a new stand here to try to set up a reserve ac- ment cuts or tax increases. So you entitlement. Although nobody thought count, it isn’t just to protect my pro- could do that. we would be creating new entitlement posals, it is to protect ideas they may I am not suggesting that is the best programs once we got the budget bal- have as well. But in the absence of the way, or the only way, but I believe you anced; most people thought we would adoption of this amendment, whether said you could not, and I just wanted to not do that anymore because we want it is my colleagues from the Repub- make sure that, at least from my to keep it balanced. But if you want to lican side who care about child care, or standpoint, you either—if you meant do it some more, you have to pay for colleagues from this side, unless we what you said, you at least take into them in the ways I have described. have the reserve account, we are pre- consideration what I have said—or per- Mr. DODD. I thank my colleague. I cluded from doing anything meaningful haps you could suggest that I am in agree that we should not be creating in this area. some way in error? programs that we can’t pay for. That is I see my time has expired, the time Mr. DODD. To my good friend and the purpose of creating a deficit neu- of those who are the proponents of this colleague, who is so knowledgeable on tral reserve account. Like all reserve amendment. I will yield the floor. The PRESIDING OFFICER. The Sen- these issues, let me state this as I un- funds, including that of my friend and ator from New Mexico. derstand it, and you respond, if you colleague from New Mexico, this re- Mr. DOMENICI. Mr. President, par- will. serve fund makes the hypothetical liamentary inquiry. Are we scheduled In order to do what you have sug- statement that if we somehow find ad- now to vote on the Gregg amendment gested, of course, I would have to oper- ditional revenues we should use them at 4 o’clock, except that each side has ate within the existing budget struc- for the purpose stated in the fund. 1 minute to discuss the Gregg amend- ture—which means I would have to Being deficit neutral means that we ment? take from one critical program—per- would be required to find an offset. We The PRESIDING OFFICER. The Sen- haps Head Start or education, to fund don’t know where the funds might ator is correct. child care. I would have to make fami- come from, obviously. Around here, Mr. DOMENICI. That will be followed lies compete against themselves. But if anything can happen between cup and by the Dodd amendment, which is not I want to take anticipated tobacco rev- lip. But we are working on an assump- amendable, and there will be 1 minute enues or draw from the additional re- tion that there will be some revenues on each side after that vote has ex- sources of a growing economy, as I un- available this year, and we want the pired. derstand it, I am precluded under this opportunity to debate whether those The PRESIDING OFFICER. That is budget resolution from doing so. funds can be used for child care. correct. Out of that $300 billion or $500 billion With regard to potential tobacco Mr. DOMENICI. Clearly, Senator in tobacco funds—whatever amount we funds, the majority has made the deci- DODD has perceived my position cor- ultimately decide here—I believe that sion that they must exclusively be used rectly. I will make a point of order March 31, 1998 CONGRESSIONAL RECORD — SENATE S2807 with reference to his amendment. It for it, or you break the budget, which and I really give Senator DODD credit clearly is subject to a point of order, has a dollar number in for each year. in this area. He has been a leader in and then I presume he would like to So now that that is firmly fixed and bringing everybody’s attention to child vote on a waiver. That is probably we have it under control and Wall care needs and getting it started in one what the vote is going to be when it Street and Alan Greenspan and those very serious way. We had a big com- comes to the amendment of Senator who make interest rates in America promise battle one time. He gave, we DODD, because we have waived no are saying, ‘‘The one thing you really gave, and we actually got a bipartisan points of order as we have gone did’’—now let’s follow through—‘‘is bill, the first one that was bipartisan. through this process. you placed that cap, annual amount, He deserves credit, no doubt about it. Mr. President, I say to Senator DODD, that dollar number, that you can’t ex- What we are doing now is saying we while I believe I am entitled to the rest ceed, you put it in each year,’’ now want more of those but we don’t want of the time, of course, in the interest of they said, ‘‘Prove it; do it.’’ What we do to tell anyone what we have to do to half the time to each side, if the Sen- is say we don’t want to provide any pay for it. We just want to put it in ator from Connecticut needs some cuts, reductions, or eliminations, so we this reserve fund, and that will happen time, he can call on me and I will relin- are coming around and creating new some other time, but let everyone quish some of my time. mandatory expenditures. know the sponsors want an expanded I will discuss various reserve funds Frankly, the problem with manda- child care program. I have no doubt shortly, but I would like very much to tory expenditures is, they go on almost that they do. It is just that the budget talk about this amendment which, in forever, but, secondly, you frequently law says you can’t do it this way. essence, as to its substantive effect, is underestimate them. Yet, if they spend It is going to be subject to a point of very, very similar to the Murray out above the estimate, they just spend order, and I am very hopeful it will fail amendment which was denied germane- out. An example is Medicaid. Medicaid on that. I am very hopeful that those ness by the Senate in the last vote, and was created on the floor of the Senate in the country who look at this will it fell. With regard to what it attempts with an estimate of less than a billion conclude that it was not a proposal to do, it is a different subject matter dollars in cost. It became an entitle- that had much of a chance to ever be but the same kind of process. ment. I don’t remember, when we fi- carried out, because there was no There is a little-used process called a nally reformed it and made it a block money to do it. If you are going to reserve fund. There is nothing wrong grant, how many billions it was, but it spend $12 billion or $16 billion, keep a with trying to expand. We will get a was many tens of times bigger than the balanced budget—and you know how proliferation of reserve fund attempts estimate. When we changed it, we usu- that is already planned; it is called the this year. It is interesting, and per- ally changed it to spend more. baseline—if you already know that, haps, Mr. President, you would be in- You can see why we were so worried and then somebody comes along and terested in why there will be a pro- that if we wanted to get to an era of says, ‘‘We want $16 billion more,’’ it is liferation of reserve funds. balanced budgets and surpluses—‘‘Good pretty obvious you have to raise taxes First of all, most reserve funds create for America,’’ everybody in the world or you have to cut something. That is a new spending program, and almost said; ‘‘It is great for America that our one argument for today. But I want to all reserve funds—there have been very unified budget is balanced; you have to give you a couple others. few—when it comes to a new program, try to keep those caps in place, and First of all, according to the General they are entitlements that are created. you have to try to not create any new Accounting Office, there are now 22 Essentially, reserve funds say that if entitlement programs.’’ But if you can- separate programs and tax expendi- you want to fund a new transportation not spend any more on this side of the tures which support and fund child program or Amtrak, that if, in fact, ledger, then go over to this side and care. The combined Federal programs you put into that reserve fund the re- say we will create a new one over here, provide child care services and sub- sources to do it, then the chairman of and we will try to pay for it one way or sidies to over 5.1 million children, or the Budget Committee says the budget the other so it won’t increase—it won’t half the children under 5 with working accommodates it, and it would, obvi- affect the budget surplus. mothers. The Federal Government, as ously, be neutral, by definition; it The problem with this one is very, one part of government in America, would not increase the deficit or the very simple. Just like Senator MUR- pays for 40 percent of all child care ex- expenditure. RAY’s reserve, it said we would like to penditures that are governmental. The problem this year is most inter- spend more money on child care and we In 1997, the Federal Government esting. The era of the balanced budget would like to have our programs ex- spent $13.8 billion on child care pro- is bringing forth a plethora of sugges- panded rather substantially—I don’t grams. And I will give you the range of tions—get this—that we increase enti- know how many billions; it just says them: tlement programs, not necessarily in child care program. Dependent care tax credit, child care dollars spent on each one, but brand Then it says here is a reserve fund, programs ranging from Head Start to new ones. Isn’t that interesting? At the but the reserve fund is only half filled, the program I just mentioned, and a time we finally have our budget under because it says what we want to spend couple of others. The military has the control, when we have spent the best the money on but it does not say where largest single program, $302 million, part of 18 years, that I am aware of, we get the money to spend. It does not 166,000 kids. saying, ‘‘Let’s get entitlements under say increase taxes $15 billion to pay for The Federal Government spending on control’’—that is, the automatic spend- it. It does not say decrease entitlement child care has increased $6.1 billion, for ing items; they just spend pursuant to programs in some way to pay for it, be- an 82-percent increase since 1990. Not a formula or the letter of the law, and cause what no one wants to do is, no too shabby. Under current law, by 2003 they spend until you change the law, one wants to go home and tell their the Federal Government will spend al- whereas appropriations you do every constituents that in order to have a most $17 billion for child care programs year—every year. new program, ‘‘We had to raise your and subsidies. The budget resolution The plethora of these new ones is be- taxes.’’ They just want to say, ‘‘We are would increase this spending to $20 bil- cause we found a way, believe it or not, giving you a new program.’’ lion and an increase of almost 20 per- to say you can’t spend any more money No one wants to go home and say, cent. In particular, the budget resolu- on this other kind of account, the an- ‘‘We got you a new program, and we tion more than doubles the size of the nual appropriations bills, in which had to cut these other programs,’’ be- child care and the child care develop- these programs belong. This child care cause, obviously, there will be people ment block grant, increasing the funds program belongs in that category who like the programs that were cut, from $1 billion in 1998 to $2.2 billion by called an annual appropriation. But if too. the year 2003. you put it in there, you have to do two So here we are with, as I said, a num- The budget resolution also assumes things, and that is why there will be re- ber of these proposals going to be that tax relief of up to $9 billion could serve funds, because you have to cut forthcoming, and they are going to be afforded as a portion of the funds some domestic program to make room sound, for all intents and purposes— and a portion of the funds could go to S2808 CONGRESSIONAL RECORD — SENATE March 31, 1998 tax relief to stay-at-home parents if you and others, if you are made aware Let me, first of all, thank my col- the tax-writing committee so decides. of it, might say we should do some- league from New Mexico for his gener- All of these funds are within the $1.7 thing about this. But I think you re- osity. trillion budget. They are all within the call—you probably were part of it— Mr. DOMENICI. Could I ask a ques- $1.7 trillion. We do not increase taxes when we did the welfare reform, we put tion? to pay for them; we do not worsen the $1.7 billion in there for child care. Mr. DODD. Yes. deficit to pay for the new spending. Remember the package. We said, let Mr. DOMENICI. It is the regular The amendment before us is different us help with child care, let us help with order, however, unless changed by UC from that, albeit, in the mind of the training; and all that went into wel- that we will start voting by 4 o’clock? principal sponsor, totally justifiable. fare. I understand that 55 percent—just The PRESIDING OFFICER. The Sen- But the $1.7 trillion is not enough, and a moment. CBO estimates, and this is a ator is correct. we must ask the taxpayers to give us, current estimate, that States will use Mr. DOMENICI. I will give you half the Federal Government, more so that only 80 percent of the available funding the time and keep half for myself and we can spend even more on child care in 1999. States have obligated all funds, Senator ENZI. than is assumed in this resolution. but if they do not obligate, they lose Mr. DODD. Very quickly, first let me In short, while I am not necessarily any rights to the funds. So they are not thank my colleague from New Mexico arguing that under no circumstances going to be able to draw down all the for his generosity in providing time should we ever put any more money in money. Frankly, I think we ought to here, on his time, to respond to his ar- child care, I am suggesting that this try to do something about that. That guments. year in this budget resolution we do has already been provided for. I do not They still come back to the central provide some significant increases. know what we can do about it. point. We can debate all day the ques- Let me make one other statement Mr. DODD. If my colleague will yield tion of whether or not you think we are and then call one precise item to the on that last point. doing enough or not enough for child attention of the Senate. I know this Mr. DOMENICI. I will be glad to. care. I tell you again that there are wait- sounds like a lot of money and, on the Mr. DODD. We anticipated that this ing lists in California of 200,000, Texas other hand, my friend Senator DODD might be one of the arguments that of 25,000, Florida 30,000—and in my might say it is not enough money, but would be raised, and asked the Depart- State they don’t even keep the waiting just prior to the budget markup I ment of Health and Human Services to lists any longer. I say again that there asked for a breakdown of all of the tell us exactly what the status of child are parents out there, as we sit here money being spent on what would com- care spending by the States is. I think today, worried about where their chil- monly be called child care. this graph here states it well. My col- Mr. President, Senator DODD may dren are. And the costs of child care, league from New Mexico just pointed still maintain that we need more and when it can be found, are staggering. out that 98.8 percent of child care funds he may have evidence that we need Putting aside those issues—all I want have been obligated, but in addition, by more, but, obviously, there are a lot of to be able to do is at some point this January of this year 90.6 percent of things we need more in America, and year, before we adjourn, is to be able to funds had actually been spent. So the we can’t afford to pay for them all. The offer child care legislation. I want to notion somehow that states are not Senator from Connecticut voted many create a reserve account for children spending the available child care times not to pay for something because just like Senator DOMENICI has created money is not valid. I appreciate the we didn’t have enough money. for tax cuts. Senator raising this point, but accord- I went through and looked at the And I would like the chance to use ing to our latest data, the States have total amount of money that we will some of the tobacco dollars, Mr. Presi- already spent pretty much 90 percent spend under this 5-year budget, under dent. There may be as much as $600 bil- of available child care dollars. And the discretionary part of this budget— lion in tobacco funds. But my good they have obligated, of course, vir- that is, the annual appropriations for friend from New Mexico has said you tually 100 percent of it, which dem- child care of various types, special edu- cannot touch that money. That money onstrates, I think, a clear need out cation for infants and toddlers, devel- is only going to be for Medicare. there. opment block grant, head Start—we I do not disagree that Medicare is a will spend $31 billion in just that one Mr. DOMENICI. I say to the Senator, priority. But if the tobacco companies category over these 5 years. let me tell you, we are both right. It is for decades have targeted young people Then I looked and said, what about just that those numbers of what HHS is in my State of Connecticut and all mandatory programs, those that you telling you about are the moneys that across this country and 1,000 of the do not have to appropriate each year? I the Treasury of the United States has 3,000 children who every day start found a child care development fund, turned over to be spent. But now we smoking will die prematurely, I think which is a perpetual fund, not one that have to have the States literally draw we ought to be able to take some of you feel you must vote on each year, a them down. The Congressional Budget those moneys from tobacco and apply child care feeding program, social serv- Office is saying that they estimate them to kids’ needs in this country. I ice block grant, and I found that $23 that the States will draw down and use think most Medicare recipients would billion is spent over the next 5 years only 80 percent, and there is a chance tell you they think their children and for that. they will lose some money, according their grandchildren are important. You Then I looked on the tax side to see to what my staff says. So maybe we go ahead and ask any grandparent in how we were doing, and I found that can work on something there saying this country whether or not they think dependent-care tax credit, $15 billion that they are extending something so every dollar we get from tobacco ought for 5 years; employer-provided child they will not lose it. That might be one to go to Medicare. I think many of care exclusion, $22.3 billion; dependent- thing we could work on. them will say that we should give care assistance program, $800 million. Now, Mr. President, let me ask my something to our children—that they Now if you add them all up, it is $76.8 friend, Senator DODD, if he needs an- are also a priority. But unless I get billion that goes out of the Federal other 5 minutes or so. this amendment adopted here, I am not Treasury in this area helping little Mr. DODD. If I could. I appreciate, going to be able to ask that question. children with developmental funds, Mr. President, the chance to, if I could, I would like to have a debate about feeding programs and child care. This take just a couple minutes to rebut. whether or not you think we do too number is without the add-ons. This is Mr. DOMENICI. I will split the time much or too little in child care. But we if we started off the budget process and with you. are never going to get to that debate said we are going to make no reduc- Mr. DODD. I have my colleague from unless this amendment is adopted. tions and no increases; that is it. Illinois and the ranking member from This is not the time to debate child I want to raise one other program New Jersey who would like to be heard. care, although I know I can make a with you, I say to Senator DODD. So I will take a couple minutes, if I case for the tremendous need that ex- Maybe you are unaware of it. Maybe can, and just respond. ists. The question my colleagues have March 31, 1998 CONGRESSIONAL RECORD — SENATE S2809 to ask themselves is, should this body and ready to take on their responsibil- smokers of America to realize that have the right to debate the issue of ities. I do not mind a little reserve there is not enough money in all of the child care? Should we be allowed to go fund. I hope that the Senator’s vote assets of all of the tobacco companies after some revenues that are coming in carries. to take care of the problems that have from the tobacco resources? Yes or no? Mr. DOMENICI. Mr. President, I am already been caused. What the smokers If we adopt my amendment, you give kind of confused on my side for the mo- need to be worrying about is how they me a chance to try. It does not guaran- ment. I see two Senators. I yield time are going to divide up those assets to tee me that I am going to get what I to Senator ENZI. I ask the Senator, do take care of the health problems which want. You may defeat me, but at least you want to speak on the DODD amend- have already been caused to be sure I get a chance to try. ment or do you want to speak on an- that they are getting a piece of the With that, let me yield a minute or other amendment? money that they have already paid in two to my friend from Illinois. Mr. ENZI. I would like to speak on and will be paying in through higher Mr. DURBIN addressed the Chair. the GREGG amendment. taxes. The PRESIDING OFFICER. The Sen- Mr. DOMENICI. I ask Senator HATCH, We need to wait on the debate to ator from Connecticut has 1 minute do you want to speak 1 minute on the make sure that we are debating the under his control. The Senator from Il- GREGG amendment? issues on liability and leaving the op- linois is recognized. Mr. HATCH. One minute on the tions open to protect those people who Mr. DURBIN. I thank the Senator GREGG amendment. have already been harmed by smoking Mr. DOMENICI. I will give you each from Connecticut. and those people that will be harmed 1 minute on mine. I will try to go Let me say, I hope those who are lis- by smoking. quicker than that. tening to this debate understand the As I said, Mr. President, I reluctantly The argument has now reached the issue that is at stake here. It is the point where everybody can understand rise in opposition to the amendment of- care of our children. When Senator it. Although the amendment which the fered by my friend and colleague from DOMENICI speaks about 4.5 percent of Senator offered does not address the re- New Hampshire, Mr. GREGG. I have the Federal budget going to the care of serve funds set up with the tobacco set- worked with the Senator from New our children, that is not an overwhelm- tlement money, he has clearly stated Hampshire on the tobacco issue in the ing percentage. But I will tell you what his case. He would like to be able to Labor Committee and I can appreciate is overwhelming, speak to the working spend some of the tobacco settlement his position on this aspect of the set- families who show up every day at day on his ideas on child care. tlement. However, I oppose this amend- care centers struggling to pay for qual- Even if his amendment passed, he ment because I believe it is premature ity, safe child care. Senator DODD un- could not do that. But let me just tell for this body to decide the issue of im- derstands what their concerns are. you what this means. This means that munity, even in a sense of the Senate I hope this Senate will support his ef- the Senator from Connecticut wants to resolution, before we have the oppor- fort to finally let this Federal Govern- spend tobacco settlement money on tunity to debate tobacco legislation on ment go on record as saying, yes, let us child care where the Budget Commit- the Senate floor. reward work but let us also care for the tee wants to spend it on Medicare. First, I would like to explain that my children. We pay a fortune when we fail Medicare spends $25 billion a year and reasons for opposing this amendment with children. And we pay it every day. thus it is in default and will be bank- are not based on any desire to protect Let us invest some money to help fami- rupt in 10 years because of cigarette the tobacco companies from legitimate lies take care of their kids and in a smoking which causes illness and can- legal actions. I have explained before safe, quality setting. cer in the seniors covered. that I did not accept any money from I yield back my time. The Budget Committee said the best the tobacco companies during my cam- Mr. DOMENICI addressed the Chair. place to use the money is to put it in paign because I have seen the destruc- The PRESIDING OFFICER. The Sen- the Medicare fund so we do not let the tive effects of cigarette smoking my ator from New Mexico. program go bankrupt. I continue to say entire life and I have never seen that Mr. DOMENICI. I have the remaining that is the best place and the highest smoking ever helped anyone. In short, time? priority. I oppose this amendment because it is The PRESIDING OFFICER. The Sen- Today is another good example. No too early in the debate to limit our op- ator has 5 minutes remaining. The Sen- matter what the Government of Amer- tions on the issue of liability. ator from Connecticut has 12 seconds. ica is doing, we must do more. What- Mr. President, let me make it very Mr. DOMENICI. Twelve seconds. Do ever we are doing in child care, we clear that we will not help one person you want to use your 12 seconds? must do more. Whatever we are doing suffering from smoking-related ill- Mr. DODD. If you would give me 1 in some other area, it is not enough. nesses by adopting this sense-of-the- minute. Now we have heard that for a long Senate resolution. Rather, we will send Mr. DOMENICI. I yield 1 minute of time, but I believe we are passed that a green light to plaintiffs’ lawyers that mine. stage. I think we are in an era of bal- Congress will not stand in the way as Mr. LAUTENBERG. That is very anced budgets and surpluses. You will they fill their retirement coffers at the kind. I thank the Senator from New not stay there very long if you return expense of the smokers and the Amer- Mexico for his generous giving up of to the day that whatever the Govern- ican public. some time here. ment is spending, it is not spending By prohibiting any type of current or In 1 minute, very succinctly, Mr. enough, let us have a new program. future immunity for the tobacco manu- President, it is this: I heard our friend Mr. ENZI addressed the Chair. facturers, we actually do a disservice from New Mexico talk about the pro- The PRESIDING OFFICER. The Sen- to the very people we are trying to liferation of reserve funds. I want to re- ator from Wyoming is recognized for 1 help. If Congress is really concerned mind the Senator that he and I were minute. about providing long-term reimburse- part and parcel of an agreement to es- Mr. ENZI. Thank you, Mr. President. ment for people suffering from smok- tablish a major reserve fund last year AMENDMENT NO. 2168 ing-related illnesses, we should look at in the budget agreement. It was de- Mr. ENZI. Mr. President, I reluc- ensuring that the money will actually signed for transportation. tantly rise in opposition to the amend- go to smokers—not into the pockets of We encouraged that process to make ment offered by my friend and col- trial lawyers. sure that there would be money to take league from New Hampshire, Mr. Mr. President, I have proposed for care of the transportation needs. We GREGG. I think it is too early in the some time that we should take a look had a commitment by the chairman of process to talk about whether we are at a smokers’ compensation fund, the Finance Committee that that was going to limit liability or not. I have whereby individual smokers could be an appropriate use of process, to set up never accepted any money from the to- reimbursed for their smoking-related a reserve fund. Well, we have a reserve bacco companies. medical expenses from an account fund now to make sure our kids, when I am not trying to help the tobacco funded by payments by the tobacco they grow up, are healthy and learned companies. What I want is for the companies. Such a system as this S2810 CONGRESSIONAL RECORD — SENATE March 31, 1998 would ensure that real stakeholders in Mr. DOMENICI. I ask for the yeas should give in to it. After all, the U.S. the tobacco debate—smokers them- and nays on the second-degree amend- Government doesn’t negotiate with selves, would receive the proceeds from ment of Senator GREGG. terrorists. And the same should be true any tobacco settlement. It would also The PRESIDING OFFICER. Is there a for those who threaten to market dead- be a good way to help the long term sufficient second? There is a sufficient ly drugs to our children. solvency of both the Medicare and second. I also would point out, Mr. President, Medicaid programs by alleviating some The yeas and nays were ordered. that if we did give the industry the of the burden of reimbursing providers Mr. DOMENICI. I ask unanimous broad liability restrictions that it for smoking-related medical expenses. consent for it to be in order for me to wants, we still wouldn’t get much in I understand that any such com- make a point of order on the DODD return. And it’s important to under- prehensive reimbursement scheme is amendment so he can make the motion stand why not. not going to be accomplished this year. to waive, so that will have been accom- The tobacco industry has said that it That is why I support the efforts of the plished, and we will, therefore, have would be willing to give up advertising chairman of the Budget Committee in that be the second vote. to kids if we give it immunity. But the his efforts to ensure that any money The PRESIDING OFFICER. Without tobacco manufacturers can’t make an received from a tobacco settlement is objection, it is so ordered. agreement on behalf of all those who going to be dedicated to the Medicare Mr. DOMENICI. Regarding the Dodd might want to advertise. So, instead of trust fund. I applaud his efforts in en- amendment, it is not germane to the RJR buying ads, its distributors could. suring that any possible proceeds actu- provisions of the budget resolution pur- Or retailers. Or anyone else. These oth- ally be used to help pay for the smok- suant to section 305(b)(2) of the Budget ers would not be bound by any agree- ing-related expenses of Medicare bene- Act, and I raise a point of order against ments entered into by manufacturers. ficiaries instead of being used for any the Dodd amendment. It’s also important to remember that number of unrelated programs. Mr. DODD. Mr. President, I move to many constitutional experts believe I urge my colleagues to join me in waive the point of order and I ask for that these agreements could be ruled opposing this amendment. We should the yeas and nays on my motion. unenforceable. So we could discover send a message to the American people The PRESIDING OFFICER. Is there a later that we have compromised the that any money from the tobacco set- sufficient second? There is a sufficient legal rights of tobacco victims, and tlement should be used for smokers— second. gained absolutely nothing in the proc- not inflated legal judgments. The yeas and nays were ordered. ess. Mr. President, instead of giving spe- I thank the Senator from New Mex- AMENDMENT NO. 2168 ico for the time to speak on this. I Mr. LAUTENBERG. Mr. President, I cial breaks to the tobacco industry, fully support putting that money, if we rise in strong support of the amend- Congress should be developing legisla- ever get it, into the Medicare Program. ment offered by the distinguished Sen- tion that keeps our kids away from to- Thank you, Mr. President. bacco. That helps adults kick the ator from New Hampshire, Mr. GREGG, The PRESIDING OFFICER. The Sen- which expresses the sense of the Senate habit. And that saves lives. ator from Utah is recognized for 1 We need legislation that will increase that Congress should not grant immu- minute. the price of cigarettes to at least $1.50 nity to the tobacco companies as part Mr. HATCH. I rise in opposition to per pack—as the Budget Committee of comprehensive tobacco legislation. the Gregg amendment. The Gregg agreed, in a bipartisan vote. amendment is an attempt to put the Mr. President, I want to commend We need legislation to give FDA the Senate on record against any liability the Senator from New Hampshire for authority to regulate tobacco as a provisions in connection with the to- offering this sense of the Senate. It’s a drug. Legislation to fund anti-teen bacco bill now being formulated in the clear statement on a critical issue. smoking programs, smoking cessation Mr. President, there is no valid rea- Commerce Committee. programs, counter advertising, and son to give the tobacco industry spe- True, the amendment refers to ‘‘im- other anti-tobacco initiatives. munity.’’ Now, I do not want to give cial protections from liability. The to- Mr. President, there’s no reason to the tobacco industry and nobody else bacco industry, for decades, has lied to give the tobacco industry veto rights wants to give them immunity. No one the American people. It’s intentionally over that kind of legislation. None. does. However, the term ‘‘immunity’’ is boosted the addictive power of its prod- Mr. President, this is the Senate of broader than the limited liability pro- ucts to hook consumers. And, worst of the United States of America. And our visions many of us believe are key to all, it’s conspired to illegally market job is to do what is right for the Amer- the comprehensive antitobacco global its products to children. ican people. It is to do what we can to settlement bill. The end result of all this fraud and save lives. And if the tobacco industry I fear many will seize upon what will deception is that millions of Americans doesn’t like it—frankly, that’s too bad. be a near unanimous vote today to say have died prematurely. Families have So, Mr. President, I hope my col- the Senate opposes any liability provi- lost mothers. Fathers. Grandparents. leagues will support the amendment of- sions. That is not the case. And 284 Brothers. Sisters. And all too often, fered by the distinguished Senator days ago, 40 courageous State Attor- these families watched helplessly as from New Hampshire. Let’s not give neys General, both Democrats and Re- their loved ones smoked themselves to the tobacco industry a special handout. publicans, announced an agreement death, unable to break this deadly ad- This is an industry that has lied to the which should continue to be the basis diction. American people. It’s an industry of any legislation to curb youth smok- Now. Mr. President, the tobacco in- that’s directly responsible for the ing. It is predicated on large tobacco dustry is asking for a special favor. deaths of millions of Americans. And industry payments for a whole host of They want to be shielded from liability they should be held accountable. There antitobacco programs, including ces- for the harms they’ve caused. A shield just is no excuse for letting them off sation, prevention, and biomedical re- that hasn’t been granted to any other the hook. search. industry. The PRESIDING OFFICER (Mr. GOR- I, for one, continue to believe that Mr. President, why would Congress TON). The question is on agreeing to the best way to ensure we will have the give special immunity to the tobacco the Gregg second-degree amendment huge sums necessary to wean a genera- industry, of all industries? No. 2168. The yeas and nays have been tion of teens off tobacco is to guaran- Well, the main argument you hear is ordered. The clerk will call the roll. tee there are industry payments. I do that Congress must let the industry off The assistant legislative clerk called not believe that it will be possible to the hook because otherwise they’ll the roll. attain that without endorsing the keep marketing tobacco to our kids. Mr. NICKLES. I announce that the framework of the AG settlement which It’s as if the industry has a gun to our Senator from Arkansas (Mr. HUTCH- does include some liability provisions. heads. Or, more precisely, the heads of INSON) is necessarily absent. I yield the floor. our children. Mr. FORD. I announce that the Sen- The PRESIDING OFFICER. All time Well, Mr. President, that’s an out- ator from Maryland (Ms. MIKULSKI) is has expired. rageous threat. And I don’t think we necessarily absent. March 31, 1998 CONGRESSIONAL RECORD — SENATE S2811 The PRESIDING OFFICER. Are there The result was announced—yeas 50, tion 103, outlay levels for the major func- any other Senators in the Chamber de- nays 48, as follows: tional categories for fiscal year 1999 shall be determined in the following manner: siring to vote? [Rollcall Vote No. 52 Leg.] The result was announced—yeas 79, (1) Prior year outlays shall be determined YEAS—50 using historical rates as employed by the Of- nays 19, as follows: Akaka Durbin Lautenberg fice of Management and Budget. [Rollcall Vote No. 51 Leg.] Baucus Faircloth Leahy (2) Current and future year outlays shall be YEAS—79 Biden Feingold Levin determined using rates calculated by the Bingaman Feinstein Lieberman Congressional Budget Office. Abraham Feingold Moseley-Braun Boxer Ford Moseley-Braun Akaka Feinstein Moynihan Breaux Glenn Moynihan (b) DETERMINATIONS FOR FISCAL YEARS 2000 Allard Frist Murkowski Bryan Graham Murray AND THEREAFTER.—Notwithstanding the pro- Ashcroft Glenn Murray Bumpers Harkin Reed visions of section 103, outlay levels for the Baucus Graham Nickles Byrd Hollings Reid Biden Gramm Reed Campbell Inouye Robb major functional categories for fiscal years Bingaman Grams Reid Cleland Jeffords Rockefeller 2000 and thereafter shall be determined in Bond Grassley Robb Cochran Johnson Sarbanes the following manner: Boxer Gregg Roberts Conrad Kennedy Specter (1) The Office of Management and Budget Breaux Harkin Rockefeller D’Amato Kerrey Torricelli and the Congressional Budget Office shall Brownback Hutchison Roth Daschle Kerry Wellstone Bryan Inouye Santorum annually attempt to reconcile their tech- Dodd Kohl Wyden nical assumptions with respect to preparing Bumpers Johnson Sarbanes Dorgan Landrieu Byrd Kempthorne Shelby estimates for all accounts in those cat- Chafee Kennedy Smith (NH) NAYS—48 egories, and shall report the outcome of Cleland Kerrey Smith (OR) Abraham Gorton McConnell these attempts to the Committees on the Collins Kerry Snowe Allard Gramm Murkowski Budget not later than December 15 of each Conrad Kohl Specter Ashcroft Grams Nickles year. Coverdell Kyl Thomas Bennett Grassley Roberts Craig Landrieu Thompson (2) If the Office of Management and Budget Bond Gregg Roth and the Congressional Budget Office are able D’Amato Lautenberg Thurmond Brownback Hagel Santorum Daschle Leahy Torricelli Burns Hatch Sessions to reconcile their technical assumptions by DeWine Levin Warner Chafee Helms Shelby the date of that report, the technical as- Dodd Lieberman Wellstone Coats Hutchison Smith (NH) sumptions used to determine outlay levels Domenici Lugar Wyden Collins Inhofe Smith (OR) shall be those agreed to by those agencies. Dorgan Mack Coverdell Kempthorne Snowe (3) If the Office of Management and Budget Durbin McCain Craig Kyl Stevens and the Congressional Budget Office are un- NAYS—19 DeWine Lott Thomas able in any year to reconcile their technical Domenici Lugar Thompson Bennett Ford Jeffords Enzi Mack Thurmond assumptions, the outlay levels for that fiscal Burns Gorton Lott Frist McCain Warner year shall be determined by the Committee Campbell Hagel McConnell on the Budget of each House, prior to the re- Coats Hatch Sessions NOT VOTING—2 ceipt by the committee of the estimate of Cochran Helms Stevens Hutchinson Mikulski the Congressional Budget Office. Enzi Hollings Faircloth Inhofe The PRESIDING OFFICER. On this NOT VOTING—2 vote the yeas are 50, the nays 48. Three- AMENDMENT NO. 2192 fifths of the Senators duly chosen and Hutchinson Mikulski sworn not having voted in the affirma- (Purpose: To clarify outlay levels for The amendment (No. 2168) was agreed tive, the motion is rejected. The point national defense) to. of order is sustained and the amend- On page 26, after line 25, insert the follow- Mr. DOMENICI. Mr. President, I ment falls. ing: move to reconsider the vote. Mr. THURMOND addressed the Chair. Mr. LAUTENBERG. I move to lay SEC. 104. OUTLAY LEVELS FOR NATIONAL DE- The PRESIDING OFFICER. The Sen- FENSE. that motion on the table. ator from South Carolina. (a) DETERMINATIONS FOR FISCAL YEAR The motion to lay on the table was Mr. THURMOND. Mr. President, I agreed to. 1999.—Notwithstanding the provisions of sec- will offer two amendments. Both of tion 103, outlay levels for major functional AMENDMENT NO. 2167, AS AMENDED them clarify outlay levels for fiscal category 050 (national defense) for fiscal year The PRESIDING OFFICER. The year 1999 and thereafter. One amend- 1999 shall be determined in the following question is on the first-degree amend- ment is with respect to national de- manner: ment, as amended. fense, and the other is with respect to (1) Prior year outlays shall be determined Mr. DOMENICI. I ask unanimous outlay levels for major functional cat- using historical rates as employed by the Of- consent that the yeas and nays be viti- egories in the budget. fice of Management and Budget. (2) Current and future year outlays shall be ated. AMENDMENTS NOS. 2191 AND 2192, EN BLOC The PRESIDING OFFICER. Without determined using rates calculated by the Mr. THURMOND. Mr. President, I Congressional Budget Office. objection, it is so ordered. send two amendments to the desk and The question is on agreeing to the (b) DETERMINATIONS FOR FISCAL YEARS 2000 ask for their immediate consideration. AND THEREAFTER.—Notwithstanding the pro- amendment. The PRESIDING OFFICER. The The amendment (No. 2167), as amend- visions of section 103, outlay levels for major clerk will report. functional category 050 (national defense) for ed, was agreed to. The legislative clerk read as follows: fiscal years 2000 and thereafter shall be de- VOTE ON MOTION TO WAIVE THE BUDGET ACT The Senator from South Carolina [Mr. termined in the following manner: The PRESIDING OFFICER. The THURMOND] proposes amendments numbered (1) The Office of Management and Budget question is on agreeing to the motion 2191 and 2192, en bloc. and the Congressional Budget Office shall annually attempt to reconcile their tech- to waive the Budget Act as to the Mr. THURMOND. Mr. President, I amendment of the Senator from Con- nical assumptions with respect to preparing ask unanimous consent that reading of estimates for all accounts in those cat- necticut, Mr. DODD. The yeas and nays the amendments be dispensed with. egories, and shall report the outcome of have been ordered. The PRESIDING OFFICER. Without these attempts in the report required by sec- The clerk will call the roll. objection, it is so ordered. tion 226 of title 10, United States Code. The assistant legislative clerk called The amendments are as follows: (2) If the Office of Management and Budget and the Congressional Budget Office are able the roll. AMENDMENT NO. 2191 Mr. NICKLES. I announce that the to reconcile their technical assumptions by (Purpose: To clarify outlay levels for major the date of that report, the technical as- Senator from Arkansas (Mr. HUTCH- functional categories) INSON) is necessarily absent. sumptions used to determine outlay levels On page 26, after line 25, insert the follow- Mr. FORD. I announce that the Sen- shall be those agreed to by those agencies. ing: (3) If the Office of Management and Budget IKULSKI ator from Maryland (Ms. M ) is SEC. 104. OUTLAY LEVELS FOR MAJOR FUNC- and the Congressional Budget Office are un- necessarily absent. TIONAL CATEGORIES. able in any year to reconcile their technical The yeas and nays resulted—yeas 50, (a) DETERMINATIONS FOR FISCAL YEAR assumptions, the outlay levels for that fiscal nays 48, as follows: 1999.—Notwithstanding the provisions of sec- year shall be determined by the Committee S2812 CONGRESSIONAL RECORD — SENATE March 31, 1998 on the Budget of each House, prior to its re- Mr. DOMENICI. They are just going tion assume that comprehensive tobacco leg- ceipt of the estimate of the Congressional to be pending like the other amend- islation should increase the price of each Budget Office. ments, as I understand it. pack of cigarettes sold by at least $1.50 Mr. THURMOND. Mr. President, I Mr. LAUTENBERG. Mr. President, in through a per-pack fee or other mechanism ask unanimous consent that these two that will guarantee a price increase of $1.50 the interest of moving the program per pack within three years not including ex- amendments be temporarily laid aside. along, we will eliminate the Conrad isting scheduled Federal, State, and local The PRESIDING OFFICER. Without second-degree amendment at this time. tax increases, with equivalent price in- objection, the amendments are laid The PRESIDING OFFICER. Is there creases on other tobacco products, and aside. objection? should index these price increases by an ap- Mr. DOMENICI. I don’t think we Without objection, it is so ordered. propriate measure of inflation. have anything further by unanimous AMENDMENTS NOS. 2193 THROUGH 2195, EN BLOC AMENDMENT NO. 2195 consent. By virtue of the list we have, Mr. LAUTENBERG. Mr. President, I (Purpose: To establish a deficit-neutral re- the next amendment is Senator KYL’s. send three amendments to the desk and That will be followed by a Democratic serve fund for environmental and natural ask for their immediate consideration. resources) amendment yet to be chosen. The PRESIDING OFFICER. The Mr. LAUTENBERG. Mr. President, I At the appropriate place, insert the follow- clerk will report. ing: ask the manager if we can take a cou- The bill clerk read as follows: SEC. . DEFICIT-NEUTRAL RESERVE FUND FOR ple of minutes to lay down some The Senator from New Jersey [Mr. LAU- ENVIRONMENTAL AND NATURAL RE- amendments here—I think people have TENBERG] proposes amendments numbered SOURCES. had a chance to look at them and know 2193 through 2195, en bloc. (a) IN GENERAL.—In the Senate, revenue what they are—so that we are in the and spending aggregates and other appro- Mr. LAUTENBERG. Mr. President, I priate budgetary levels and limits may be order to be considered. ask unanimous consent that reading of Mr. DOMENICI. Is the Senator talk- adjusted and allocations may be revised for the amendments be dispensed with. legislation to improve the quality of our na- ing about the two amendments we had The PRESIDING OFFICER. Without tion’s air, water, land, and natural resources, agreed we were going to dispose of by objection, it is so ordered. provided that, to the extent that this con- Senator BURNS and Senator KERRY? The amendments are as follows: current resolution on the budget does not in- Mr. LAUTENBERG. We have the two AMENDMENT NO. 2193 clude the costs of that legislation, the enact- that were cleared by Senator BURNS ment of that legislation will not increase (by (Purpose: To provide a supermajority point virtue of either contemporaneous or pre- and Senator KERRY. We can do those. I of order against any change in the off- was talking about in advance of Sen- viously-passed reinstatement or modifica- budget status of Social Security) tion of expired excise or environmental ator KYL’s amendment. At the end of title II, add the following: taxes) the deficit in this resolution for— Mr. DOMENICI. Does the Senator SEC. . PROTECTING THE OFF-BUDGET STATUS (1) fiscal year 1999; have more amendments? OF SOCIAL SECURITY. (2) the period of fiscal years 1999 through Mr. LAUTENBERG. We have two we (a) POINT OF ORDER.—It shall not be in 2003; or would like to lay down on behalf of order in the Senate to consider any bill, res- (3) the period of fiscal years 2004 through some of our Members here. olution, or amendment or motion thereto or 2009. Mr. DOMENICI. Let’s do that. conference report thereon, including legisla- (b) REVISED ALLOCATIONS.— The PRESIDING OFFICER. The Sen- tion reported by the Committee on the Budg- (1) ADJUSTMENTS FOR LEGISLATION.—Upon the consideration of legislation pursuant to ator from New Jersey is recognized for et of either House pursuant to section 306 of the Congressional Budget Act of 1974, that subsection (a), the Chairman of the Commit- that purpose. tee on the Budget of the Senate may file Mr. LAUTENBERG. Mr. President, I changes section 301(i), 302(f), 310(g), or 311 of the Congressional budget Act of 1974, or sec- with the Senate appropriately-revised allo- ask unanimous consent that the fol- tion 13301 of the Budget Enforcement Act of cations under section 302(a) of the Congres- lowing amendments be called up and 1990, section 202 of H. Con. Res. 67 (104 Con- sional Budget Act of 1974 and revised func- set aside for disposition in a sequence gress), or this section, or would otherwise tional levels and aggregates to carry out this that would be agreed to by the man- change budget procedures regarding Social section. These revised allocations, functional levels, and aggregates shall be considered for agers. There are four first-degree Security. the purposes of the Congressional Budget (b) WAIVER.—This section may be waived amendments and one second-degree Act of 1974 as allocations, functional levels, amendment. We have an amendment on or suspended in the Senate only by the af- firmative vote of three-fifths of the Mem- and aggregates contained in this resolution. behalf of Senator HOLLINGS which con- (2) ADJUSTMENTS FOR AMENDMENTS.—If the bers, duly chosen and sworn. Chairman of the Committee on the Budget of cerns Social Security, a Lautenberg (c) APPEALS.—Appeals in the Senate from the Senate submits an adjustment under this amendment, a Conrad second-degree the decisions of the Chair relating to any section for legislation in furtherance of the amendment, a Lautenberg amendment provision of this section shall be limited to 1 purpose described in subsection (a), upon the on the environment, and a Boxer hour, to be equally divided between, and con- offering of an amendment to that legislation trolled by, the appellant and the manager of amendment on education. I ask unani- that would necessitate such submission, the the bill or joint resolution, as the case may mous consent that these be accepted at Chairman shall submit to the Senate appro- be. An affirmative vote of three-fifths of the the desk. priately-revised allocations under section Members of the Senate, duly chosen and Mr. DOMENICI. Mr. President, par- 302(a) of the Congressional Budget Act of 1974 sworn, shall be required in the Senate to sus- and revised functional levels and aggregates liamentary inquiry. I am not objecting tain an appeal of the ruling of the Chair on to carry out this section. These revised allo- on the basis that the second-degree a point of order raised under this section. amendment alluded to is not automati- cations, functional levels, and aggregates shall be considered for the purposes of the cally called up as a second-degree AMENDMENT NO. 2194 Congressional Budget Act of 1974 as alloca- (Purpose: To ensure that the tobacco reserve amendment to the amendment sug- tions, functional levels, and aggregates con- fund in the resolution may be used to pro- gested, because I believe we will have tained in this resolution. an opportunity, even if we have to have tect the public health) (c) REPORTING REVISED ALLOCATIONS.—The the majority leader here, to offer the At the end of title III, insert the following: appropriate committees shall report appro- second-degree amendment before it is SEC. . SENSE OF THE SENATE ON PRICE IN- priately-revised allocations pursuant to sec- offered on that side. Is that correct? CREASE ON TOBACCO PRODUCTS OF tion 302(b) of the Congressional Budget Act $1.50 PER PACK. The PRESIDING OFFICER. The sec- of 1974 to carry out this section. (a) FINDINGS.—The Senate finds that— ond-degree amendment will not be a (1) smoking rates among children and teen- Mr. LAUTENBERG. Mr. President, I part of the unanimous consent agree- agers have reached epidemic proportions; ask unanimous consent that these ment if the Senator from New Mexico (2) of the 3,000 children and teenagers who three amendments be temporarily laid objects to it. If the Senator accepts the begin smoking every day, 1000 will eventu- aside. unanimous consent agreement as pro- ally die of smoking-related disease; and The PRESIDING OFFICER. Without pounded—— (3) public health experts and economists objection, the amendments are laid Mr. DOMENICI. I didn’t think it was agree that the most effective and efficient aside. way to achieve major reduction in youth AMENDMENT NO. 2176, AS MODIFIED a unanimous-consent request. I object. smoking rates is to raise the price of tobacco I have no objection to the amendments. products by at least $1.50 per pack. Mr. LAUTENBERG. Mr. President, I The PRESIDING OFFICER. The four (b) SENSE OF THE SENATE.—It is the sense send a modification of the Boxer first-degree amendments—— of the Senate that the levels in this resolu- amendment to the desk. March 31, 1998 CONGRESSIONAL RECORD — SENATE S2813 The PRESIDING OFFICER. The (A) expensing for oil and gas exploration; they treated patients outside of Medi- amendment will be so modified. (B) elimination of the oil and gas allow- care. So, as part of the Balanced Budg- The amendment (No. 2176), as modi- ance for producers; and et Act, I offered an amendment which (C) elimination or reduction of the foreign- fied, is as follows: earned income exclusion. prevailed on an overwhelming vote On page 16, line 9, increase the amount by here last year that citizens did, in fact, $50,000,000. AMENDMENT NO. 2188 have the right to privately contract—a On page 16, line 10, increase the amount by On page 53, after line 22, add the following: very straightforward proposition. $6,000,000. SEC. 317. SENSE OF THE SENATE ON FUNDING During the last-minute negotiations On page 16, line 13, increase the amount by FOR MEDICAL CARE FOR VETERANS. of the Balanced Budget Act, however, $50,000,000. It is the sense of the Senate that the func- the administration representatives On page 16, line 14, increase the amount by tional totals underlying this resolution as- $40,000,000. convinced whoever was negotiating on sume that $40,274,000 in additional amounts our side that the President would veto On page 16, line 17, increase the amount by above the President’s budget levels will be $50,000,000. made available for veterans health care for the entire Balanced Budget Act if the On page 16, line 18, increase the amount by fiscal year 1999. Kyl amendment stayed in, and it was $49,000,000. changed, pursuant to the administra- Mr. LAUTENBERG. I thank the On page 16, line 21, increase the amount by tion’s request, to provide that while chairman for permitting me to send $50,000,000. the right of the senior citizen existed, On page 16, line 22, increase the amount by those amendments to the desk. We are it could only be exercised by a physi- $50,000,000. ready to proceed. On page 16, line 25, increase the amount by Mr. DOMENICI. Mr. President, I cian who, in advance, dumped all of his Medicare patients for a period of 2 $50,000,000. yield the floor to Senator KYL. On page 17, line 1, increase the amount by years. That is obviously an unreason- AMENDMENT NO. 2169 $50,000,000. able requirement. Very few, if any, Mr. KYL. Mr. President, we are now On page 25, line 8, strike ‘‘¥$300,000,000’’ physicians are going to do that. So, as back on amendment No. 2169. That and insert ‘‘¥$350,000,000.’’ a practical matter, the right of senior On page 25, line 9, strike ‘‘ $1,900,000,000’’ amendment is a sense of the Congress, ¥ citizens to go to a physician of their and insert ‘‘¥$1,906,000,000.’’ and it is very simple. I will read the op- choice under Medicare was eliminated. On page 25, line 12, strike ‘‘¥$1,200,000,000’’ erative clause: and insert ‘‘ $1,250,000,000.’’ We have not yet offered legislation ¥ It is the sense of Congress that seniors On page 25, line 13, strike ‘‘ $4,600,000,000’’ for a vote here which would reverse ¥ have the right to see the physician or health and insert ‘‘ $4,640,000,000.’’ that. But this is the first opportunity ¥ care provider of their choice and not be lim- On page 25, line 16, strike ‘‘¥$2,700,000,000’’ ited in such right by the imposition of such we have had, so we present to the Sen- and insert ‘‘¥$2,750,000,000.’’ unreasonable conditions on providers who ate a sense of the Senate, as part of the On page 25, line 17, strike ‘‘¥$3,000,000,000’’ are willing to treat seniors on a private budget resolution, which says that sen- and insert ‘‘¥$3,049,000,000.’’ basis, and that the assumptions underlying ior citizens should have this right. On page 25, line 20, strike ‘‘¥$3,800,000,000’’ the functional totals in this resolution as- and insert ‘‘¥$3,850,000,000.’’ Then, when the opportune time comes, sume that legislation will be enacted to as- On page 25, line 21, strike ‘‘¥$7,000,000,000’’ we will be offering the legislation sure this right. and insert ‘‘¥$7,050,000,000.’’ which has already been introduced and On page 25, line 24, strike ‘‘¥$5,400,000,000’’ It is that simple, Mr. President. Sen- has 49 cosponsors in the Senate, and 190 and insert ‘‘¥$5,450,000,000.’’ ior citizens should not be discriminated cosponsors in the House of Representa- On page 25, line 25, strike ‘‘¥$5,000,000,000’’ against because when they turn 65 they tives, a bill sponsored by the Ways and and insert ‘‘ $5,050,000,000.’’ ¥ are eligible to receive Medicare. Unfor- Means Committee Chairman BILL AR- AMENDMENTS NOS. 2186 AND 2188, AS MODIFIED tunately, the administration has taken CHER called the Medicare Beneficiaries Mr. LAUTENBERG. Mr. President, the position that eligibility to receive Freedom to Contract Act. That legisla- Senator WELLSTONE has three amend- Medicare is exclusive; that is to say, tion, which, as I say, has 49 cosponsors ments that are at the desk and have that it’s either Medicare or no care, here and 190 in the House already, will been laid aside. I understand that that a senior citizen has no right to be be offered, so we will have the oppor- amendments 2186 and 2188 need to be treated outside of Medicare for Medi- tunity to actually change the law. But modified. I now ask that those two care-covered services. How could we be pending that, this presents the prin- amendments be modified with the in that situation in the United States ciple that seniors ought to have this changes that are now at the desk. They of America, where the Government pro- freedom to contract. have been reviewed by the majority. vides a good program for senior citi- Our resolution, by the way, is spon- The PRESIDING OFFICER. The Sen- zens which, in most cases, is going to sored by Senator HOLLINGS, Senator ator has the right to modify the be precisely what they want to take LOTT, Senator FRIST, Senator GRAMM, amendments. advantage of, but it says to them that, Senator DOMENICI, Senator STEVENS, The amendments (Nos. 2186 and 2188), if there is some reason why you might Senator GORTON—the Presiding Offi- as modified, are as follows: want to privately contract and pay the cer—and, as I say, 49 Members total. AMENDMENT NO. 2186 bill yourself, you can’t do that. Let me give an example of a specific Here is the history of it, Mr. Presi- At the end of title II, add the following: situation which came to my attention. dent. For over 20 years during the time One of my constituents from Prescott, SEC. 204. DEDICATION OF CORPORATE WELFARE SAVINGS TO PELL GRANTS. Medicare has been in force, senior citi- AZ—a relatively small town—has a se- (a) SPENDING RESERVE.—In accordance zens have had the right either to go to vere case of diabetes. She went to a with section 312(a) of the Congressional the physician of their choice and have physician who said, ‘‘I am sorry, I am Budget Act of 1974 and for the purposes of him submit a bill to Medicare or, if not taking any Medicare patients, so I title III of that Act, the Chairman of the they choose, to be treated outside of cannot take care of you.’’ He was the Committee on the Budget may reserve the Medicare and not submit the bill. only specialist, really, in the small estimated increased revenues resulting from There are some people who have not community who could care for her. changes in legislation specified in subsection Why is it, by the way, that some phy- (b) for the purpose of offsetting additional wanted their records to be part of the outlays not to exceed $12,450,000,000 for fiscal official Government archive. sicians are in that position? We know years 1999 through 2003 for increasing the They may have psychiatric problems, that Medicare reimburses at such a low maximum Pell grant award from $3,000 to for example, and they didn’t want to rate—the average is 70 cents on the $4,000. have their treatment be a part of Medi- dollar of cost—that many physicians (b) OFFSETS.— care and they were willing to pay the simply cannot take all Medicare pa- (1) IN GENERAL.—For purposes of subsection bill themselves. That is just one exam- tients. So they have to draw the line (a), increased revenues from the elimination ple. and not take any beyond a certain of corporate welfare tax provisions not to ex- But recently HCFA, the Health Care ceed $12,450,000,000 for fiscal years 1999 point. through 2003 are reserved in function 920, Al- Financing Administration, began tak- In any event, she said, ‘‘That’s fine, lowances. ing the view that that was illegal and bill me directly, and I will be happy to (2) SPECIFIC TAXES.—The tax provisions re- began sending letters to physicians pay.’’ He said, ‘‘Medicare will prosecute ferred to in paragraph (1) include— threatening them with prosecution if me for fraud if I do that.’’ And that is S2814 CONGRESSIONAL RECORD — SENATE March 31, 1998 what we are trying to fix here. There lier today to modify my original smoking cigarettes, even though mari- are a lot of situations where people amendment numbered 2180. This juana smokers smoke less. may wish to go to the doctor of their amendment simply provides an excep- Perhaps even more disturbing is that choice and be treated outside of Medi- tion for federally funded research the National Institute of Drug Abuse care. projects being conducted on marijuana. also reported that 23 percent of all I know of a situation in which I This is to ensure that the National In- eighth graders in the United States helped a constituent obtain a compas- stitute of Drug Abuse at NIH and other used marijuana in 1996 and that mari- sionate release from FDA so that con- agencies may continue their important juana use overall has steadily in- stituent could take an experimental research on the long-term effects of creased since 1993. drug to treat her for cancer. The rea- drug use, and possible alternatives to Mr. President, while this is a sense of son is that her husband was willing to the persistent use of marijuana. the Senate and it is only a start, I be- go to any lengths, to do anything, to This amendment addresses an issue lieve this is our opportunity to voice preserve her life. She ended up dying, which has become a great concern to our opposition to these efforts to legal- but I think her case is illustrative of me and to many in my State—legaliza- ize the use of marijuana in our States. what every one of us would do in her tion of marijuana for medical use. Through these laws, we are proceeding husband’s position. If we had the While this is simply a sense of the Sen- down a dangerous path by sending a money, if we had the ability, we would ate to prohibit the use of Federal funds mixed signal to our children that mari- go to any length to do anything to save for medical use of marijuana, I intend juana use is an acceptable alternative. our loved one’s life. That is what is to work with my colleagues on legisla- It is not. It is dangerous. It is deadly. being denied American citizens today. tion on this issue following the budget I thank the Chair and encourage my Believe it or not, the socialized medi- resolution. While this is not a new colleagues to adopt this amendment. cine system in Great Britain allows pa- issue for the State of Arizona, or for Mr. ROCKEFELLER addressed the tients this choice. They can either be the State of California, which have al- Chair. treated under their socialized medicine ready passed laws and put them in The PRESIDING OFFICER. The Sen- system or they can go to a private phy- place following the passage of Propo- ator from West Virginia. sician and pay the bill themselves. But sition 215, there are other States, in- AMENDMENT NO. 2169 here in the United States of America, cluding Oregon, Maine, Alaska, Ne- Mr. ROCKEFELLER. Mr. President, once you turn 65, you lose that right. vada, Florida, and the District of Co- are we now back on the Kyl amend- This amendment simply expresses the lumbia, which are facing similar ballot ment? sense of Congress that that should not measure proposals. The PRESIDING OFFICER. The Sen- be the case. The seniors here should In my State of Oregon alone, five bal- ator is correct. have the freedom of choice. That right lot measures have been proposed which Mr. ROCKEFELLER. Mr. President, I should not be limited by any unreason- would legalize the use of marijuana in hope that Senator RICHARD BRYAN from able conditions placed upon providers. varying degrees, from an outright le- Nevada is on the way to the floor as I Mr. President, I thank the Chair for galization of the drug to legalization speak. I speak in opposition to this the opportunity to present these views. for medical purposes. California and amendment. I would love to hear from anyone who Arizona have already passed legislation I need to point out that Medicare would like to speak in opposition to legalizing medical use of marijuana beneficiaries did not ask for this so- this principle that senior citizens and are already experiencing the ad- called ‘‘new right.’’ This is a proposal should have the right to privately con- verse effects on their communities. In which is written to, frankly, charge tract. I invite anyone who is in opposi- California, for instance, the law has be- seniors more money. That comment tion to present those views here, be- come almost impossible to enforce, as can be thrown around and thrown cause I would love to debate that, as I the law enforcement community has around very glibly when one is trying said. Constituents all over this country had difficult times suppressing illegal to make a populist point. On the other are writing in and calling me saying, marijuana use and its sale. With the hand, therefore, it is true—and it has this is outrageous; please reestablish opening of ‘‘pot cafes’’ in that State, it to be said in that manner—92 percent this right. is impossible to prove whether patrons of beneficiaries are satisfied or, in fact, So I am going to cease my presen- are there for medicinal or recreational very satisfied with the availability of tation now since we are limited in the use. care under the Medicare Program now. amount of time we have. I reserve At a time when illegal drug abuse is It is this Senator’s belief that fraud whatever time we have to respond to on the rise, legalizing the use of mari- and abuse in the Medicare Program anyone who is willing to come defend juana in any form, medical or rec- will increase very substantially if pri- the proposition that senior citizens reational, sends a mixed signal at best vate contracting is allowed to occur. should not have the right to privately to our children, particularly when The Congressional Budget Office has contract in the United States of Amer- there are prescription drugs in the this to say about the Kyl-Archer bill: ica. marketplace such as Marinol. HCFA’s efforts to screen inappropriate or Mr. President, observing no other While the effectiveness of these pre- fraudulent claims could be significantly Members on the floor, I suggest the ab- scription drugs is varied, I believe it is compromised because it would be difficult to sence of a quorum. our responsibility to encourage a evaluate episodes of care with gaps where The PRESIDING OFFICER. The healthy alternative to marijuana that services were directly contracted— clerk will call the roll. is effective, safe, and can be regulated A very complicated way of saying a The bill clerk proceeded to call the like any other prescription drug in the rather easy thing. It would not be very roll. marketplace. I would be interested in easy to track this: Mr. SMITH of Oregon. Mr. President, working with any of my colleagues on Without adequate regulatory oversight, I ask unanimous consent that the order both sides of the aisle who have an in- unethical providers could bill Medicare while for the quorum call be rescinded. terest in this issue, particularly those also collecting from directly-contracted pa- The PRESIDING OFFICER (Mr. who want to keep drugs, such as mari- tients. KYL). Without objection, it is so or- juana, out of the reach of our children. In other words, they could collect dered. In a study released by the National twice from Medicare and the patient. Mr. SMITH of Oregon. Also, that the Institute of Drug Abuse at NIH, mari- The bill would almost certainly raise Kyl amendment may be temporarily juana is noted as the most commonly national health spending. laid aside so I may speak to an amend- used drug in America. In fact, 18 mil- The Government Accounting Office. ment I introduced early this morning. lion Americans used it last year alone. Private contracting, further, Mr. The PRESIDING OFFICER. Without In fact, smoking marijuana over a long President, is not about the freedom of objection, it is so ordered. term has the same damaging effects on choice, as some of our friends from AMENDMENT NO. 2180 the brain as long-term use of cocaine across the aisle would have us believe. Mr. SMITH of Oregon. Mr. President, and heroin and produces the same lung The effort to privately contract is real- I sent an amendment to the desk ear- damage and potential cancer risk as ly, as I indicated much earlier, about March 31, 1998 CONGRESSIONAL RECORD — SENATE S2815 money. Seniors have freedom of choice choice) by current restrictions on their issue. His comments identified the now. health care choices.’’ weaknesses of the Kyl proposal and You can make a very, very good case Again, a denial of choice argument. also what are the dangers for so many that the strength of Medicare is based The GAO letter to Senator MOYNIHAN of our senior citizens. I hope that our upon an original concept that no reads: colleagues pay close attention to his longer exists, and that is one gigantic Nearly all physicians treat Medicare pa- words. pool. Because everybody is in that tients and accept new patients covered by I join in urging the Senate to oppose pool, almost like the original Blue Medicare. Recent data from the AMA indi- the Kyl amendment and defeat this at- cate that 96.2 percent of all non-Federal phy- tempt to undermine Medicare by elimi- Cross, Medicare wins money on some, sicians treated Medicare beneficiaries in loses on others, but in the end every- 1996. Moreover, the percentage of physicians nating the protections in current law thing tends to wash out evenly. treating Medicare patients has increased— that prevent doctors from overcharging Seniors now are given many options. from 95.2 percent in 1995 and 94.2 percent in senior citizens. This is not a ‘‘freedom I participated in one of the options my- 1994—over the last 2 years. of choice’’ amendment for patients; it self, the PSO amendment, which I did A 1-percent increase. It simply shows is a ‘‘freedom to price gouge’’ amend- with Senator BILL FRIST, and it was the direction of more physicians treat- ment for physicians, and it deserves to successful. But all this does not indi- ing Medicare patients. be rejected by the Senate. cate, therefore, that seniors do not Again, the GAO says: Medicare patients already have free- dom of choice. In fact, because Medi- have the freedom of choice now. They According to the recent reports from do. They can go in many directions, PPRC, ‘‘access for most [fee-for-service] care is one of the only insurance pro- and that is increasing all the time. beneficiaries remains excellent grams that still offers a true fee-for- They can see any doctor they want and . . . measures of access are essentially service option, senior citizens gen- now, and they have adequate protec- unchanged from previous years.’’ erally have more choices in health care tions that the Medicare Program has In closing, Mr. President, I wish to than other citizens, including those of and is providing them. make this statement. Much has been us in the Senate. The proposal to privately contract is made of the United Seniors Associa- According to a February 23 report opposed by the American Association tion, which is a conservative fundrais- from the General Accounting Office, of Retired Persons, the American Col- ing arm of the Republican Party, in the information available to us indi- lege of Physicians, the National Coun- fact, and is the No. 1 supporter of the cates that Medicare beneficiaries have cil of Senior Citizens, Families USA, et Kyl private contracting amendment. ready access to physicians. The report cetera, and that is not really the point, But then again, those things happen, emphasizes the high participation rate in Medicare by physicians. Ninety-six is it? Because one can always find too. I will say when Chairman ROTH of groups that are for or against some- the Senate Finance Committee heard percent of all the doctors accept and thing. their testimony, he said, ‘‘I just want treat Medicare patients. The report also emphasizes that few While private contracting may be a to make it clear that those kinds of Medicare patients have problems in ob- good deal for doctors, it really is not statements are not satisfactory to this taining health care. Only 4 percent re- necessarily a very good deal for bene- chairman.’’ And he was not at that ficiaries, and that becomes important port difficulty in finding a physician. point a particularly happy chairman. This does not appear to be due to the in the Medicare communities. Seniors At the beginning of the Kyl amend- reimbursement levels. The GAO found would pay 100 percent of the bill when ment, frankly, there were some of us reimbursement levels for physicians they privately contract. That is the who were very, very concerned because under Medicare are adequate and do way it would work—a large price tag there were 47 cosponsors, including one not jeopardize access to health care for for services that Medicare would other- Democrat. There has been a lot of em- senior citizens. wise cover. phasis, I think, in the last number of The Kyl amendment is no answer to Private contracting would cripple weeks to try to get this to be a better- the problems of Medicare. It will only Medicare’s ability to hold down health understood proposition. In fact, I think make those problems worse. The free- care costs and would put elderly and now people are beginning to under- dom it proposes is the freedom to ex- disabled citizens at serious financial stand that this is not necessary, and ploit senior citizens and the freedom to and medical risk. Under the Kyl-Archer there is a way for physicians to be able dismantle the fundamental guarantee bill, doctors can charge whatever they to charge Medicare beneficiaries more, of affordable health care for the elderly want for a Medicare-covered service. and, in a sense, if a Medicare bene- that has served American senior citi- One would ask, why would one want to ficiary is in a very sick condition or zens well for so many years. do that? The Kyl-Archer bill would bad condition, how are they able to ne- Senior citizens deserve affordable allow doctors to give priority, frankly, gotiate in the first place? I think the health care provided by Medicare, and to wealthy patients who are willing Senate would do best to simply send that they have earned through a life- and able to pay out of pocket. this sense of the Senate underground. time of hard work and service to this My wife and I recently had an I thank the Presiding Officer for his country. The Kyl amendment takes the event—not serious—with our 18-year- courtesy. choice out of the hands of the vast ma- old son. We took our son to six dif- Mr. KENNEDY addressed the Chair. jority of senior citizens and puts it in ferent physicians, most of them spe- The PRESIDING OFFICER (Mr. the hands of the doctors. That is the cialists. So when I say this, I say this SMITH of Oregon). The Senator from key flaw in the Kyl amendment. in the context of an enormous regard Massachusetts. Who is going to be making the deci- for physicians and for the field and for Mr. KENNEDY. Can I yield myself 8 sion? Is it going to be the patient, or is the fact that our 18-year-old son wants minutes off the amendment? it going to be the provider? The patient to become a physician himself. Never- The PRESIDING OFFICER. Without already has that kind of freedom theless, it is an incentive for doctors to objection, it is so ordered. today. If they want to indicate that go to those who are able to pay and get Mr. KENNEDY. I yield myself 8 min- they do not want their doctor to bill them to pay out of their pocket and utes off the amendment. the Medicare system, then they can go pay more. The PRESIDING OFFICER. The Sen- ahead and pay if they want to. They In a February 23, 1998, letter from the ator from Massachusetts. have that opportunity to do so. GAO—which I believe is fairly broadly Mr. KENNEDY. Mr. President, I That is not what the Kyl amendment respected around here—to Senator thank my friend and colleague, the is about. The Kyl amendment puts the MOYNIHAN, the GAO’s findings do not Senator from West Virginia, for his power in the hands of the doctors. If support Senator KYL’s sense-of-the- analysis of this issue. He is one of the such legislation were to pass, doctors Senate amendment. Senator KYL’s real experts on Medicare and Medicaid would be free to charge unlimited fees amendment, for example, reads, ac- and is very much involved in the sub- and patients would be free to pay them. cording to the GAO, ‘‘most seniors are committee of the Finance Committee Some freedom. Some choice. denied this right (to obtain health care dealing with all of these issues. He Medicare works well for patients and from physicians or providers of their brings a very sound perspective to this physicians alike. Senior citizens are S2816 CONGRESSIONAL RECORD — SENATE March 31, 1998 free to chose their doctor and are free and put it in the bank accounts of who choose to contract privately, why to self-pay if they desire. Physicians wealthy physicians. That is what this deny them that right? The GAO study must abide by limits on what they can issue is really about. Simply put, who cited by the Senator from Massachu- charge for services covered by Medi- is going to be the one who is going to setts says, ‘‘If direct contracting con- care, which means that senior citizens make the decision? Is it going to be the tinued to be rarely used’’—and I say know they cannot be overcharged. patient, which I think all of us feel is ‘‘continued to be’’ because the right In addition, because Medicare covers the way that it should go, and it is that does exist today—‘‘there would be no the basic services, but not all services, way at the present time, or is it going changes in the benefit payments, no the elderly are free to pay out of pock- to be the physician who is going to be additional difficulties in combating et for services not covered by Medi- making that judgment, looking into fraud and abuse, and no major new ad- care. If they are able to afford it and the eyes of a sick patient, virtually at ministrative burdens placed on HCFA.’’ they want to pay privately for Medi- the will of the physician, when they So if it is not a problem, then why care-covered service, they can do that have that illness and sickness and are oppose this amendment? GAO says it too by asking the doctor not to submit told, ‘‘Look, if you want my treatment, would not be a problem. And, in fact, a claim. If the patient wants to pay the if you want to be treated by me, it’s the Senator proves too much by the doctor, and pay the doctor more, and going to cost you a bundle.’’ That we last point that he made. He said, actu- pay the doctor an exorbitant amount, have guarded against over a long pe- ally it is the case today that if a pa- the patient is free to do so now at the riod of time. It is a key element in tient wants to ask the doctor not to present time and not have them submit terms of the whole guarantee of qual- submit a claim, the doctor does not the claim to Medicare. ity, good care for our senior citizens, have to do that and therefore we al- This was the case before the Bal- and we should not alter and change ready have this so we do not need the anced Budget Act was enacted last that particular protection now. Kyl amendment—to which there are year, and it is the case today. The cur- Mr. President, I yield the floor. two responses. First of all, if current rent system works and works well. Mr. KYL addressed the Chair. law already provides this, then why This aspect of Medicare is not broken, The PRESIDING OFFICER. The Sen- does the Senator object to the mere and it does not need to be fixed. The ator from Arizona is recognized. statement of the principle that the only fix the Kyl amendment provides is Mr. KYL. Mr. President, I would like choice should exist? If the Senator is the authority for doctors to fix the to respond to the remarks of the Sen- happy with existing law, he can’t very higher prices than Medicare allows. ator from Massachusetts, and perhaps well oppose the principle that simply Current law favors the patient by those of the Senator from West Vir- restates existing law. guaranteeing that it is the patient who ginia as well. I again quote from what we are de- initiates actions to pay outside of First of all, let me clarify something. bating. It is frequently helpful to do Medicare. Medicare’s balanced billing The Senator from Massachusetts says that. All the sense-of-the-Senate pro- limits continue to apply. The patients that this is the ‘‘freedom to price vides is, and I quote, ‘‘It is the sense of have the choice. They are the ones who gouge’’ and the ‘‘freedom to exploit.’’ Congress that seniors have the right to can initiate or end the private trans- In so saying, the Senator misrepresents see the physician or health care pro- action. The power is in the hands of the significantly the amendment, or the vider of their choice, and not be lim- patient. That is where it should be. The bill that Representative ARCHER and I ited in such right by the imposition of Kyl amendment gives that choice to have introduced, which has a variety of unreasonable conditions on providers the physician. That is the serious mis- provisions specifically designed to pre- who are willing to treat seniors on a take that would jeopardize Medicare vent fraud and abuse. private basis. . .’’ coverage for large numbers of senior The only thing that we have before Does the Senator oppose that prin- citizens. us here today is the sense-of-the-Con- ciple? The Senator suggests that that The reality is that in a number of in- gress resolution. I draw the Senator’s is already existing law. If so, then what stances the patient will ask the doctor attention to some of the provisions on is the problem? The truth, however, not to submit the claim or the bill page 2 which specifically set forth the Mr. President, is that it is not existing under Medicare. These are primarily in requirements that would protect law. As a matter of fact, the Senator the cases of mental health and sub- against fraud and abuse. In other from Massachusetts cannot cite either stance abuse where the individual, for words, what we are saying is that this a statute or a regulation which says any number of reasons, fears what freedom to choose must—and I am that this is existing law, because it is might happen to them in the job mar- quoting now from the amendment that not. HCFA will quietly tell you that ket or because it might make it more we are debating—must include provi- they would not mind if a patient did difficult or complex in terms of other sions that ‘‘are subject to stringent that, but they do not want to advertise different personal reasons and chooses fraud and abuse law, including the it and there is no legal authority for it. to pay themselves and tells the doctor, Medicare antifraud provisions in the The truth of the matter is that, as ‘‘Look, don’t bill Medicare. I’ll pay Health Insurance Portability and Ac- the GAO pointed out, it has always you. I’ll pay you.’’ That happens today. countability Act of 1996.’’ been the case up until January 1, 1998, It is not widely advertised, not widely Now, if those are not good enough, that patients had this right to pri- proclaimed, but it happens today. That then perhaps we ought to be changing vately contract. You have all of the goes on, and the Medicare system re- the existing law. But we are going to great concerns about fraud and abuse spects that. actually have more stringent fraud and that have been articulated by the Sen- But that isn’t what this is about. abuse provisions than the existing law ator from West Virginia and the Sen- This is about where the doctor says to has. So I really in a sense resent the ator from Massachusetts, but I have the patient who is in that doctor’s of- suggestion that there is nothing in never heard of one single case—and I fice and needs help and assistance, here that prevents fraud and abuse. would be delighted if the Senator could ‘‘Look, you’re not going to effectively This legislation has more antifraud and cite one—where in the past 20 years, get it’’—it might be a little smoother abuse provisions than existing law. since this right did exist until January than this, but the message is going to Second point. The Senator from Mas- 1 of this year, there was fraud and be clear—‘‘unless you’re going to pay sachusetts says that only 4 percent, ac- abuse as a result of this. I know of me whatever I say.’’ Now, that is the cording to a study, only 4 percent of none. beginning of the end. That is some- seniors have difficulty getting their So, Mr. President, I will make one thing that we have guarded against health care under Medicare. Well, by final point. The Senator from West Vir- over a long period of time, and we my calculation that is ‘‘only’’ 1,360,000 ginia is not on the floor, but he made should not open up those gates today. seniors. That is a lot of seniors. the point that this isn’t good for Medi- Congress should not imperil the fi- The truth of the matter is most sen- care beneficiaries. I suggest, that goes nancial security of 38 million senior iors will take advantage of Medicare. It to the heart of this debate. Who decides citizens. Congress should not take the is a good deal. We hope that will con- what is good for the beneficiaries? money out of the pockets of the elderly tinue to be the case. But for those few Washington, DC, bureaucrats or the March 31, 1998 CONGRESSIONAL RECORD — SENATE S2817 beneficiaries? Let the beneficiaries de- of advice he or she is getting as a con- purpose. Hopefully, it will come with cide. sequence of that test, it has always some bipartisan recommendations. But As the GAO points out, if most bene- been the case that if a second or third I do not believe we will want to change ficiaries do not take advantage of this or fourth opinion is sought by the dramatically the nature of that system freedom to contract—and I doubt that Medicare patient, that Medicare pa- which does have certainty; namely, a they will—then there is no problem. tient has the right to enter into a pri- fee schedule for reimbursement to a But let them make the decision. We vate contractual arrangement with the physician for Medicare-covered serv- should not be making the decision that physician of his or her choice. That has ices. That has been the hallmark of the they do not have the right even if they been true historically. That was true Medicare system. That will change desire to exercise it. prior to the balanced budget agreement rather dramatically if the proposal I think it is pretty hard to argue and remains the case as well. which my friend from Arizona offers is with the proposition that patients Thirdly, this applies to part B Medi- accepted, and would allow not the pa- should have this freedom of choice. care, so we are not talking about the tient, but the physician, to make that And I have not heard anything yet that trust fund. For an individual who is judgment. persuades me that this is not a good philosophically opposed or for what- Most of us, when we go to our physi- amendment. ever reason chooses not to be a part of cian, even those of us who might be de- I again urge my colleagues to support Medicare part B, that is his or her ab- scribed as being in the ‘‘pre-Medicare it. I thank the Chair. solute choice. No one is required to age’’—that is, we are not quite eligible Mr. BRYAN addressed the Chair. participate or to pay that premium. for Medicare services—approach the The PRESIDING OFFICER. The Sen- And that is true with the physician as annual visit to our physician with ator from Nevada. well. some trepidation. A physician has the Mr. BRYAN. I thank the Chair. What I apprehend will occur here is a ability to say, ‘‘Look, that condition Mr. President, I rise in respectful op- rather dramatic change in the Medi- that you have is terminal.’’ So there is position to the amendment of my care system. A Medicare patient goes some apprehension, some ill at ease, no friend, the junior Senator from Ari- to a physician, and the Medicare physi- matter how many times you have been zona. Although this amendment is cian says, ‘‘Look, there are three or to a doctor. When you are in that con- dressed in the robes of patient choice, four procedures which I believe you text, it is not a level playing field, and in my view it dramatically changes the need. With respect to three of those the doctor saying to you, ‘‘Look, I no nature of the Medicare system and procedures, I’m satisfied that the Medi- longer accept this rate of reimburse- now, for the first time in more than care reimbursement schedule is ade- ment from Medicare which I previously three decades of Medicare experience, quate. As to the fourth, I will need ad- accepted,’’ places, in my view, the pa- would give to the physician the ability ditional compensation in order to pro- tient at a decided disadvantage in deal- to determine how much a Medicare pa- vide that service.’’ ing with that physician and is more tient pays for Medicare-covered serv- The net effect of all of that, I re- likely than not to say, ‘‘Well, all right, ices. I believe it is a prescription for spectfully submit, is that no Medicare I will agree to pay.’’ disaster for the Medicare system and patient, going to his or her doctor’s of- As I indicated previously, if there are for the patient himself or herself. fice, will know with certainty what the two or three Medicare services that the Let me put this in some context, if I financial expectation will be of that patient requires, the confusion of, ‘‘I may. For 30 years-plus Medicare pa- Medicare patient. That changes the will accept Medicare reimbursement tients have come to their physician system rather dramatically. for two of the services but not a third,’’ and have known with reasonable cer- For more than three decades, to the I think leaves the patient in a very tainty what kind of financial expecta- best of my ability, there has been no confused situation. I urge my colleagues to reject this tion they are required to pay in order private contracting between Medicare amendment. Let’s all work together as to receive Medicare-covered benefits. patient and physician with respect to a result of the Medicare Commission This amendment would change that covered service. My distinguished col- and see what kind of changes we need and allow the physician to make that league may be right that there may determination. to make to improve the system. not be carved in stone any legal pre- I yield the floor. No. 2, we are plagued in the Medicare scription, but that indeed has been the The PRESIDING OFFICER. The Sen- system today with fraud that some es- practice. And 96 percent of physicians ator from Illinois. timate may exceed $20 billion a year. I in America cover and treat Medicare Mr. DURBIN. I rise in opposition to believe that this change would make it patients. So I think we ought to give a the amendment. more complicated in addressing the considerable reflection to what is at I don’t know what the time alloca- problems of fraud that the system con- issue here. tion is. I believe Senator LAUTENBERG fronts. My distinguished friend and col- is in charge of our side. And, finally, for the Medicare patient league offered in the balanced budget Mr. LAUTENBERG. Mr. President, I himself or herself, I think it injects a amendment an amendment which was am happy to yield 8 minutes to the notion of uncertainty and confusion ultimately fashioned into law. That Senator from Illinois. when that Medicare patient goes to the provided, for the first time, an oppor- Mr. DURBIN. I thank my colleague physician. tunity for a physician who wants to and friend. Let me put this in some context, as I enter into a private contractual ar- The great philosopher Kris understand it, so we can talk about rangement with a Medicare patient to Kristofferson once said, ‘‘Freedom is what is not involved here. Since the in- do so. just another word for nothing left to ception of Medicare, and continuing be- If the Medicare physician chooses to lose.’’ I believe those were actually yond the 1998 balanced budget agree- do so, then that Medicare physician sung or spoken by the late, great Jan- ment for noncovered Medicare serv- may not have other Medicare patients ice Joplin. ices—that would be, for example, plas- for a period of 2 years. That was, in ef- This amendment characterized as the tic surgery—a Medicare patient has al- fect, an opening, if you will. That pro- Freedom of Health Care Choice for ways had the right to enter into a pri- vided an expanded opportunity which Medicare Seniors, on its face, appears vate contractual arrangement with the did not heretofore exist. to be a positive addition to the Medi- physician of his or her choice. That is There are some groups who I think care system. You would think if you the history. That was unchanged by have been irresponsible in characteriz- proposed, as the Senator from Arizona the balanced budget agreement of 1997, ing that as a limitation. That is not does, that we will give more freedom to and it continues to be the law today. the case, as I understand it. Medicare seniors—more freedom—that With respect to a Medicare-covered I simply say to my colleagues, the you would just guess that the major service, such as a diagnostic test in Medicare system is not perfect. There senior organizations from around the which Medicare pays for only one or are certainly some things which we country would be unified in support of two of those diagnostic tests, if a Medi- need to do, and, indeed, the Medicare this amendment. In fact, they are uni- care patient is uncertain as to the kind Commission has been formed for that fied in opposition to this amendment. S2818 CONGRESSIONAL RECORD — SENATE March 31, 1998 So there might be more to this amend- Mr. and Mrs. Richard Durbin: As of Janu- Mr. BUMPERS. I wonder if the Sen- ment than freedom. There is something ary 1998, our government for the first time ator from New Jersey would yield 8 to lose in this amendment. ever will stop everyone over age 64 from get- minutes. Let me get down to the bottom line ting lifesaving medical treatment. Mr. LAUTENBERG. I am pleased to of what all this debate is about. This If you receive this and you are a sen- yield 8 minutes to the Senator from debate is about whether a Medicare ior, or close to it, boy, you will open it Arkansas. senior going into a doctor’s office is up in a hurry. What you find in here is Mr. DOMENICI. Might I inquire how going to have to pay according to an a total misrepresentation of the Medi- much time remains on the amendment established Medicare schedule or care system as it currently exists. The and how much in opposition? whether that doctor can charge more. Medicare system in America is a very The PRESIDING OFFICER. The Sen- So it is whether the doctor—some doc- successful medical system. It is true ator from Arizona has 39 minutes, and tors have the freedom to charge some that we will need to deal with the fact the Senator from New Jersey has 28 seniors more for services. You might that the cost of health care continues minutes. argue that that is necessary if there is to go up and our resources to pay for it Mr. DOMENICI. If we use that, each a shortage of doctors providing benefits are not matching that, but the bottom side has used an hour. to Medicare seniors. But, lo and behold, line is from the viewpoint of parties. The PRESIDING OFFICER. That is 96 percent of doctors are already pro- They are happy with the system. They correct. viding benefits to Medicare seniors. So are content with the care they are re- Mr. DOMENICI. Thank you. virtually all of the doctors, 96 percent ceiving. They don’t want Members of Senator BUMPERS. of them nationwide, have signed on. Congress, House or the Senate, med- Mr. BUMPERS. Mr. President, I have They are prepared to treat Medicare dling with the basic Medicare system. the utmost respect for the sponsor of seniors and to be paid according to the This amendment, this so-called private this bill, but I have utterly nothing but fee schedule. contracting freedom amendment, med- contempt for the amendment. What is at stake here is not about dles with the system in a way that Medicare has done more to provide a doctors in service but, rather, whether most seniors are not going to be happy good night’s sleep to the elderly of this or not some doctors can charge more. with. country than any other single pro- What will this mean to us when we Some doctors will, because they can gram, with the possible exception of reach the Medicare eligibility age, charge more. But for a lot of seniors, Social Security. We made a solemn which is creeping up on many of us, or we will find them really disadvantaged. contract with the elderly of this coun- our parents, or grandparents? It may For 38 million Americans who rely on try to provide them with medical care. mean before you have a chance—if the the system, I think it would be a seri- When I was first elected Governor of amendment of the Senator from Ari- ous mistake for us to adopt this my State, I found that 50 percent of the zona prevails, before you have a chance amendment. As a matter of fact, Sen- people didn’t even know what to do in to talk to your doctor about your prob- ator CHAFEE and I will be offering an case they got sick. But when you lem, if you are a Medicare senior with amendment at a later time in this de- polled the people over 65, they knew this new ‘‘freedom,’’ first you will have bate which I think more correctly ad- what to do and they knew where to go to talk to the accountant in the office, dresses the feelings that I hope more and they knew their bill was going to who is going to want to know a little Members of the Senate share about the be paid. bit about your salary, your net worth, future of the Medicare system. In that The underlying assumption of the and how much they can charge you for amendment, we say as a sense of Con- Kyl amendment is that somehow or the benefits they will provide. For gress that the assumptions underlying other people are having a difficult time some, that may be freedom. From the functional totals in this budget res- getting a doctor to take them. Now, where I am standing, that is not free- olution assume that seniors have the the General Accounting Office has an- dom. In fact, it restricts the rights right to affordable, high-quality health swered a number of questions pro- which seniors already have. pounded to them by the distinguished I think we ought to take a look at care, and they have the right to choose senior Senator from New York, Mr. this amendment for what it really their doctors, and no change should be MOYNIHAN, and in answer to one of the does. Private contracting sounds good made to the Medicare Program that questions: How much difficulty are on its face, unless you understand what could impose unreasonable and unpre- they having? here is the answer. Ac- you lose in the process of private con- dictable out-of-pocket costs for seniors tracting. In this situation, it means for or erode their benefits. cording to the GAO, 96 percent of the seniors that instead of knowing what If the Senator from Arizona prevails Medicare-eligible people in this coun- they pay when they go to the doctor’s with his amendment, we cannot make try stated that they had some dif- office, it really is going to be an uncer- that claim, because the benefits pro- ficulty getting medical care. But listen tainty; they won’t know. They will vided to seniors will be unpredictable to this. The Kyl amendment goes to walk into the office uncertain whether in cost. Each doctor can decide how this figure: Only two-tenths of 1 per- that doctor will charge considerably much more they want to charge. cent said they had difficulty getting more than they might have expected. We also say in our resolution that we satisfactory assistance because of That is the reason every seniors don’t want to compromise the efforts Medicare. Here we are tinkering with a group—the AARP, the National Coun- of the Secretary of Health and Human system that has been so successful and cil of Senior Citizens, Families USA, Services to screen inappropriate or so rewarding to our elderly, because and others—have come out in opposi- fraudulent claims for reimbursement two-tenths of 1 percent of the people in tion to this amendment. and, finally, to allow unscrupulous pro- this country said they had difficulty I might also add that there have been viders under the program to bill twice getting the kind of care they wanted groups, one group in particular, which for the same services. Senator CHAFEE under Medicare. is called the United Seniors Associa- and I will offer this later during the No. 1, doctors right now, under the tion, which is sending mailings to sen- course of the debate. I hope my col- Balanced Budget Act of 1997, are eligi- iors and would-be seniors. Lo and be- leagues, Democrat and Republicans, ble to charge 15 percent more than the hold, I ended up on their mailing list. will join us in supporting it. Medicare allowance. For example, you They were writing on behalf of this In closing, let me say I know the have a procedure—say, laser surgery amendment’s concept. I don’t believe Senator from Arizona is firm in his be- for your eyes. Assume that the Medi- they were authorized by the Senator lief that this would be a solid addition care limit on laser surgery for your from Arizona. I am sure they were not. to the Medicare system. I happen to eye, or eyes, is $1,000, but the doctor But they are, unfortunately, spreading think the system as it currently exists, can charge 15 percent more than that, some rather alarming news to seniors with predictable costs and predictable or $1,150. Medicare may only pay 80 across America. services for seniors, is exactly what percent of the allowable charge, or Listen to what it says on the front of they want to protect. $800, but the doctor can charge 15 per- the envelope sent to my home in I yield back the remainder of my cent more than the Medicare allow- Springfield, Il: time. ance. March 31, 1998 CONGRESSIONAL RECORD — SENATE S2819 The balanced budget amendment also Let me just say to my colleague from The National Council of Senior Citi- provided that if a doctor wants to pri- Arizona, whom I really respect, that I zens, asserting that the Kyl legislation vately contract, he or she may pri- don’t agree with him on a lot of issues, ‘‘is fraudulent and should be defeated,’’ vately contract, but they have to drop but I respect him. I mean that very sin- says that the bill would ‘‘essentially out of the program for 2 years. cerely. I think this amendment is mis- end Medicare as a national health in- Now, we feel strongly—many of us— taken, and I rise in strong opposition surance program for almost 40 million that this is an elitist amendment. Ob- to it. Americans.’’ viously, there are a lot of people in this I have just a few quotes. Families ‘‘This proposal would essentially li- country—perhaps 2 percent to 5 per- USA Foundation states that this provi- cense doctors to gouge millions of sen- cent—who will pay a doctor of their sion, the Kyl amendment, ‘‘may put in- iors for Medicare services.’’ That is choice whatever he charges. They want creasing pressure on older Americans from a letter to Senator DASCHLE from him; they are used to him. Say I to choose between getting the health Steve Protulis dated today. worked from the time I was 30 years services they need or putting food on If the Kyl amendment succeeds, ‘‘sen- old until I was 65 and went to the same their table.’’ I think Families USA has iors will be left with big medical bills doctor, and when I became 65 I said, really had a great deal of credibility. I and the doctors will have new weapons ‘‘Doctor, I am switching from my Blue know what they mean. I think the fear to exploit health needs for profit.’’ Cross policy over to Medicare.’’ The is now, what would happen with the That comes from a memo by the Na- doctor says, ‘‘I’m sorry, I’m not going Kyl amendment is that doctors could tional Council of Senior Citizens. to be able to take care of you anymore charge an elderly person, a senior citi- I ask unanimous consent that quotes because Medicare is simply not meet- zen, just about any fee for any visit or from these organizations, along with a ing my expenses.’’ You think about service. The problem is that if doctors series of other letters from organiza- that. The patient may be a person of are now going to be making this judg- tions representing senior citizens, be very modest means but who, above all, ment and they can charge more than printed in the RECORD. wants to go to the doctor he or she has Medicare payments and stay in the There being no objection, the mate- been going to for years, and the doctor Medicare system, the danger is that rial was ordered to be printed in the says, ‘‘Well, now, if you are willing to many will do so. RECORD, as follows: pay, that is a different matter, I will I had two parents with Parkinson’s, PRIVATE CONTRACTING—LETTERS let you keep coming to see me.’’ and neither one of them made much 1. Families USA Foundation states that Let me tell you another thing the money. The Medicare Program was the the Kyl provision ‘‘may put increasing pres- doctor can do. Assume you are in a difference for them between being able sure on older Americans to choose between fairly big-sized clinic, and the doctor getting the health services they need or put- to live a life toward the end of their ting food on their table.’’ [Press Release, says, ‘‘We will take you for your heart years with dignity, albeit a struggle, conditions under Medicare, but we Families USA, 10/8/98] and going under. Who is to tell what a 2. Catholic Charities USA, representing can’t take your liver,’’ or, ‘‘we can’t doctor decides in any given commu- nearly 13 million people, states that the Kyl take your kidneys.’’ Think of all the nity? A lot of elderly people are going legislation would ‘‘dangerously undermine different kinds of contracts people to be put under enormous pressure. In- the Medicare program.’’ [Letter to all Sen- would enter into. If this amendment deed, it could be a choice between ators from Fred Kammer, 3/31/98] It will leave ‘‘average- and low-income ever became law—God forbid—you whether or not people get the services would start hearing some of the most Medicare patients at grave risk of sub- they need or whether they put food on standard care and second class medicine.’’ fraudulent contracts and some of the the table. most exorbitant charges for medical [Letter to All senators from Fred Kammer, 3/ Also, remember that senior citizens 31/98] services that would choke a mule. are paying more and more out of pock- 3. The National Council of Senior Citizens, Mr. President, if there is a problem et. Since we had the debate on univer- asserting that the Kyl legislation ‘‘is fraudu- with Medicare, if we are not paying sal health care coverage, national lent and should be defeated,’’ says that the enough to entice a majority of the doc- health insurance, a few short years bill would ‘‘essentially end Medicare as a na- tors in this country to provide services tional health insurance program for almost ago—a debate we should get back to— under Medicare, let’s raise the rates. 40 million Americans.’’ [Letter to San. the fact is that seniors are paying even But for Pete’s sake, let’s not allow peo- Daschle from Steve Protulis 3/13/98] more out of pocket for health care ‘‘This proposal would essentially license ple to enter into these private con- costs. For many of them, it is the pre- doctors to gouge millions of seniors for tracts. I have the utmost respect for Medicare services.’’ [Letter to Sen. Daschle the medical profession. But I am tell- scription drug costs. I don’t know about other States, but from Steve Protulis 3/31/98] ing you, you are giving them unbeliev- my guess would be that in Minnesota If the Kyl Amendment succeeds, ‘‘seniors able leverage over millions of Medicare will be left with big medical bills and the the median income for senior citizens patients if you allow them to say, ‘‘I doctors will have new weapons to exploit may be $15,000 or $16,000 a year. I sup- can’t take you because Medicare is not health needs for profit.’’ [Memo from Na- pose if you are a senior citizen with an enough.’’ If only two-tenths of 1 per- tional Council of Senior Citizens, 10/27/98] income of $150,000 a year—there are 4. The Service Employees International cent of the people in this country are very few, contrary to the stereotype— Union, on behalf of 1.2 million workers and having difficulty getting medical care retirees, strongly opposes S. 1194 saying that because of Medicare rates, I suggest to then you know a doctor could say, ‘‘I want you to pay what I am going to ‘‘this legislation is an underhanded effort to you that that is not a sufficient num- destabilize the entire Medicare system and ber to warrant tinkering with one of charge and we will have this private make it unaffordable for poor and working the finest programs this country has contract.’’ Those people would be all class citizens.’’ [Written statement submit- ever produced. right, but for the vast majority of el- ted to Senate Committee on Finance for I yield the floor and yield the re- derly people in our country—and we hearing record, 2/26/98] mainder of my time. are not talking about a high-income This legislation would give ‘‘doctors more leeway to rush people into contracts they Mr. WELLSTONE addressed the profile—the Kyl amendment is a very real threat to a system that has don’t understand, to charge higher rates, and Chair. to select to serve people who will make them Mr. LAUTENBERG. Mr. President, I worked well for people. the most money.’’ [Written statement sub- yield up to 6 minutes to my friend from Catholic Charities USA, representing mitted to Senate Committee on Finance for Minnesota. If more is needed, let me nearly 13 million people, states that hearing record, 2/26/98] know. the Kyl legislation would ‘‘dangerously 5. Beatrice S. Braun, M.D., currently a The PRESIDING OFFICER. The Sen- undermine the Medicare Program.’’ member of AARP Board of Directors testi- ator from Minnesota is recognized for They are right. fied that ‘‘AARP firmly believes that if S. up to 6 minutes. It would leave ‘‘average and low-in- 1194 were adopted, beneficiaries and the Mr. WELLSTONE. Mr. President, let come Medicare patients at grave risk Medicare program would be more vulnerable me just say one more time to my col- of substandard care and second-class to fraud and abuse.’’ [Written testimony: Senate Committee on Finance hearing, 2/26/ league from Arkansas, I wish he wasn’t medicine.’’ That was in a letter to all 98] leaving the Senate. I can’t add too Senators from Fred Kammer, March 6. Dr. William A. Reynolds, President of much to what he said. 31—today, my son’s birthday. the American College of physicians, testified S2820 CONGRESSIONAL RECORD — SENATE March 31, 1998 that the Kyl legislation would: ‘‘(1) create vide Medicare funded services to senior citi- ator Kyl’s amendment to S. Con. Res. 86. In access problems where none existed; (2) in- zens every day. We also represent our retired our view, Senator Kyl’s proposal would es- crease administrative complexity for physi- members—former public sector, building sentially end Medicare as a national health cians, who will be struggling with billing er- service and health care workers. These re- insurance program for almost 40 million rors and ad hoc incoming testing of their pa- tired janitors, secretaries, and clerks live on Americans. It would virtually destroy the tients; and (3) produce conflict in the physi- fixed incomes and rely on Medicare to cover price protections that beneficiaries now cian-patient relationship.’’ [Written testi- the bulk of their health care needs. enjoy. mony: Senate Committee on Finance hear- Some have touted that this amendment is This proposal would essentially license ing, 2/28/98] about offering patients more choice, but this doctors to gouge millions of seniors for The ACP strongly believes that ‘‘the Kyl is very misleading. Medicare beneficiaries Medicare services. It would add not a scin- bill threatens Medicare’s viability as a have always been free to privately purchase tilla of ‘‘freedom of choice’’ for Medicare health plan.’’ [Letter to Sen. Moynihan from services that Medicare does not cover. Last beneficiaries in finding a doctor to treat Dr. Reynolds, 10/5/97] year’s Balanced Budget Act broadened choice their medical needs. Ninety-five percent of 7. The National Association of Retired Fed- even further by allowing beneficiaries to pri- all doctors already treat Medicare patients. The recent hearing held by the Senate Fi- eral Employees, urging opposition to the Kyl vately contract for services that are already nance Committee demonstrated that current legislation, wrote that Medicare patients covered under Medicare. Medicare Bene- Medicare rules allow Medicare patients to would negotiate from a position of weakness ficiaries already have choice. pay their doctors for specific services with- if doctors were allowed to pick and choose The Medicare private contracting legisla- tion is really about offering physicians, not out requiring the doctor to withdraw from when to be in or out of Medicare. [Letter to Medicare for two years. consumers, more choice. This legislation Sen. Daschle from NAREE, 3/31/98] In short, Senator Kyl’s sense of the Con- 8. OWL, the Older Women’s League, be- would remove the two-year exclusion provi- gress resolution would add no benefit or free- lieves that the Kyl legislation would take sion and other consumer protections that dom to the lives of seniors. It is fraudulent away ‘‘guarantees of access and quality that govern these private contracts, giving doc- and should be defeated. Medicare has always provided to America’s tors more leeway to rush people into con- Sincerely, tracts they do not understand, to charge older women. [Press Release, OWL, 10/8/98] STEVE PROTULIS, 9. The National Council on the Aging fears higher rates, and to select to serve people Executive Director. that ‘‘access to specialists would suffer, as who will make them the most money. Currently, even with Medicare coverage, they could refuse to see the vast majority of NATIONAL ASSOCIATION OF more than one out of every five retiree dol- Medicare beneficiaries so that a small hand- RETIRED FEDERAL EMPLOYEES, lars goes to covering health care costs. And ful of the wealthiest seniors could pay their Alexandria, VA, March 31, 1998. when the median income for those over 65 is highest rate.’’ [Press Release, The National To: Hon. TOM DASCHLE. Council on the Aging, 10/97] a little over $11,000 that leaves precious little From: Charles R. Jackson, NARFE Presi- 10. The Leadership Council of Aging Orga- for food and much less for clothing and shel- dent. nizations believes that the passage of S. 1194 ter. This means that the vast majority of Misinformation and deliberate distortion ‘‘would be anti-consumer and would hurt senior citizens in this country will not have of facts about Medicare’s Private Contract- Medicare beneficiaries and the program gen- the means to enter into private contracts. ing rules should not be the basis for attach- erally. ‘‘[Letter to ALL Representatives One of our major concerns—that lies at the ing even a non-binding version of Senator from the Leadership Council of Aging Orga- heart of this bill—is that it would destabilize Kyl’s bill, S. 1194, to the Senate budget reso- nizations, 10/30/97] the entire Medicare system and make it lution, S. Con. Res. 86. Federal retirees, par- 11. Retired Public Employees Association unaffordable for many beneficiaries. This ticularly the 8,296 annuitants in your state believes that under the Kyl legislation, ‘‘the legislation would have the effect of trans- ask that you vote against this amendment. possibility exists that less affluent Medicare forming Medicare from a social insurance Medicare patients would negotiate from a beneficiaries will be forced to choose be- program that everyone pays into and every- position of weakness if doctors were allowed tween a private contract which they can ill one benefits from to a privatized program to pick and choose when to be in or out of afford and or an interruption in their con- with incentives for doctors to serve only the Medicare. Absent private contracting protec- tinuity of care. [Stanley Winter, Written most profitable patients. tions, physicians—not beneficiaries—would Statement submitted to Senate Committee The 1.2 million members of our Union, decide what to charge for their services. on Finance for hearing record, 2/26/98] along with all working families in this coun- That is the only freedom being enhanced by 12. Jane Bryant Quinn, with the Washing- try, count on care being available when they the Kyl and Archer bills, S. 1194 and H.R. ton Post, wrote that this ‘‘anti-senior law’’ need it—that is why health insurance was 2497. would be ‘‘freedom for Doctors to charge you developed in the first place. By allowing phy- Congress and President Bush approved leg- more.’’ [Jane B. Quinn. Washington Post. 3/8/ sicians to charge for services at will this islation in 1989 to limit doctor fees to 115 98] basic premise is lost. The Medicare private percent of the Medicare fee schedule. Fee 13. The New York State Council of Senior contracting legislation would destroy the limitations were enacted to ensure that Citizens, representing over 200,000 elders, stability of paying into a system that in- beneficiaries have access to health care at wrote that this ‘‘pernicious bill masquerades sures available, affordable coverage for those predictable costs. More than 90 percent of under a pretense of increasing ‘free-choice’ who need it. Getting medical treatment—al- America’s physicians participate in Medicare to Medicare beneficiaries.’’ [Letter to Sen. though vital—is a service and as such should despite fee limitations which private con- Moynihan from Eleanor Litwak, 1/26/98] not fluctuate in price depending on the in- tract protections help to enforce. Fee limita- They fear that were the bill to be enacted, come of the person who seeks it. tions have not resulted in services being de- We object to the premise of this legislation ‘‘Medicare would become impoverished and nied to Medicare patients, but we fear re- and question why the Federal Government would rapidly become a program for the pealing private contract protections will would want to replace a system in which 95% poorest and the sickest instead of the great render fee limitations meaningless. of all physicians provide care to 100% of The nonpartisan Congressional Budget Of- universal entitlement it is now.’’ [Letter to qualified enrollees with a two-tiered system fice (CBO) has warned Congress that this leg- Sen. Moynihan from Eleanor Litwak, 1/26/98] in which access to quality care is determined islation could significantly compromise by income rather than illness. The potential Medicare’s ability to screen inappropriate WRITTEN STATEMENT SUBMITTED TO THE SEN- effect of this legislation on overall health claims. As a result, CBO says that it would ATE FINANCE COMMITTEE BY PATRICIA A. spending is also very alarming. The non-par- be easier for an unethical physician to bill FORD, EXECUTIVE VICE PRESIDENT OF THE tisan Congressional Budget Office (CBO) pre- both Medicare and the private contract pa- SERVICE EMPLOYEES INTERNATIONAL UNION, dicts that if this legislation is approved it tient for the same service. IN OPPOSITION TO MEDICARE PRIVATE CON- would ‘‘almost certainly’’ send national Fraud, waste and abuse is already a $23 bil- TRACTING LEGISLATION (S. 1194; H.R. 2497) health care spending spiraling upwards. lion a year problem in Medicare. NARFE be- The Service Employees International Again, on behalf of our more than 1.2 mil- lieves unrestricted private contracting will Union strongly opposes S. 1194, the Medicare lion members and our thousands of low-in- only increase fraud at a time when public private contracting legislation. We are deep- come retired members, I urge you strongly policy makers are trying to preserve Medi- ly concerned about the consequences that to oppose Medicare private contracting legis- care for current and future generations. this legislation would have for access to af- lation, S. 1194. Thank you. fordable, quality care for Medicare bene- MEDICARE RIGHTS CENTER ficiaries. In our view, this legislation is an NATIONAL COUNCIL OF F.A.L.S.E. ALARM FOOLING AMERICANS INTO underhanded effort to destabilize the entire SENIOR CITIZENS, LOSING SENIOR ENTITLEMENTS Medicare system and make it unaffordable Silver Spring, MD, March 31, 1998. Seniors around the country are being for poor and working class senior citizens. Senator TOM DASCHLE, fooled into believing that Medicare won’t Our union represents over 1.2 million work- Hart Senate Office Building, take care of them. Americans Lobbying ers and retirees. More than 600,000 of these Washington, DC. Against Rationing Of Medicaid Care are front line health care workers, including DEAR SENATOR DASCHLE: The National (A.L.A.R.M.). Alarm of United Seniors Asso- nurses, hospital workers, nursing home Council of Senior Citizens urges you and ciation, is falsely scaring seniors and trick- workers and home health workers, who pro- your Senate colleagues to vote against Sen- ing them into giving up one of Medicare’s March 31, 1998 CONGRESSIONAL RECORD — SENATE S2821

greatest protections: the limit on the STATEMENT BY JUDY WAXMAN, DIRECTOR, 33 million Medicare beneficiaries, and to amount doctors can charge Medicare pa- GOVERNMENT AFFAIRS, FAMILIES, USA refuse to line the pockets of a few greedy tients. The Medicare Beneficiary Freedom to Con- doctors. ‘‘A.L.A.R.M. is not telling seniors the tract Act of 1997 could result in beneficiaries Mr. WELLSTONE. Mr. President, I truth when they state that Medicare won’t being held hostage to high-priced doctors. say to my colleague from Arizona and pay for their health care and they will be left Doctors could seek any fee they want for any to other colleagues, this amendment is with nowhere to go to get it.’’ says Diane Ar- service, and Medicare beneficiaries would cher, Executive Director of the Medicare profoundly mistaken. This amendment, feel compelled to pay such unlimited fees to if passed, I believe, really puts way too Rights Center, a national not for profit con- retain their doctors. sumer service organization. Out-of-pocket health care costs have con- many senior citizens at risk. Currently, traditional Medicare pays for tinued to rise for America’s seniors since The Medicare Program is a universal all reasonable and necessary services and Medicare’s inception. This provision may put coverage program. The Medicare Pro- limits seniors’ out-of-pocket costs. Seniors increasing pressure on older Americans to gram is, for many seniors, the dif- can see almost any doctor they want any- choose between getting the health services ference between survival and even life where in the country: 96% of doctors treat they need or putting food on their table. with dignity versus going under. To all Medicare patients and agree to charge these This choice is simply unacceptable. patients at a fixed rate set by the govern- of a sudden now say to doctors and Families USA is the national health con- other providers in this country that ment. sumer group. ‘‘The real alarm is that unless Medicare re- you can charge what you want and still tains its billing protection, seniors will have THE NATIONAL COUNCIL ON THE AGING stay in the Medicare system now, I am to pay out of their own pockets whatever not in favor of that. But if they do it fees their doctors come up with. If they can- LCAO OPPOSES MEDICARE PRIVATE CONTRACTING PROPOSAL for 2 years, they are out of Medicare. not afford the fee, they will be forced to go To tell the doctors and providers they without health care.’’ says Ms. Archer. My name is Howard Bedlin and I am the The current limits on doctors’ charges Vice President for Public Policy and Advo- can charge what they want and stay in allow people on Medicare freedom to get the cacy for the National Council on the Aging, Medicare, that doctors can decide, for health care they need. permitting doctors which currently chairs the Leadership Coun- any senior citizen and their families, once again to set their own fees only makes cil on Aging Organizations (LCAO). The whether or not they have the money to health care unaffordable for many seniors. LCAO represents 43 national organizations pay for additional costs the doctors In short, says Ms. Archer, ‘‘A.L.A.R.M. serving over 40 million older persons. want to impose on them does a grave wants to shift responsibility for the cost of The Leadership Council of Aging Organiza- injustice to the Medicare system. health care from the government to seniors tions opposes efforts to overturn current pro- I don’t hear a lot of senior citizens— who cannot afford to pay for it.’’ visions that protect Medicare beneficiaries A copy of A.L.A.R.M.’s letter is attached from physician overbilling. Doctors are al- I say to my colleagues—in Minnesota along with a MRC fact sheet about what ready permitted to charge 15% more than saying they want to see the Medicare Medicare really provides seniors. what Medicare considers to be a reasonable system ‘‘fixed’’ in this direction. I hear price, and now they want to charge even people talking about, ‘‘Can there be NEW KYL LEGISLATION WOULD more. We oppose opening up Medicare provi- coverage for prescription drug costs?’’ I DISPROPORTIONATELY HARM OLDER WOMEN sions enacted under the Balanced Budget Act hear people talking about the problems OLDER WOMEN ARE POORER, HAVE MORE, AND just two months ago on an issue that has far they have when they are faced with MORE COMPLEX, ILLNESSES; INCREASED COSTS reaching implications, yet has never been catastrophic expenses, not wanting to WOULD PRICE THEM OUT OF HEALTH CARE the subject of a congressional hearing or spend the end of their lives in a nursing MARKETPLACE even debated on the House or Senate floor. home and maybe going under because OWL, an organization representing the LCAO members will be sending a letter to more than 57 million American women over members of Congress next week to express of that. I hear senior citizens talking the age of 40, today (October 8) issued the our opposition to this ill-conceived, anti- about the need to have more funding following statement opposing S 1194/HR 2497, consumer proposal. for home-based health care so they can bills that would enable physicians, without The National Council on the Aging believes live at home in as near normal cir- any consumer protections, to contract pri- that the proposals introduced by Senator cumstances as possible with dignity. I vately for services with Medicare bene- Kyl and Chairman Archer are not designed don’t hear senior citizens in Minnesota to solve any problem experienced by Medi- ficiaries: saying they want the Kyl amendment ‘‘Kyl II,’’ which would give doctors license care beneficiaries. Well over 90 percent of to charge whatever the market would bear physician’s bills accept Medicare rates and passed, which will enable providers, in for services that already have Medicare-im- there is no evidence to indicate that access too many cases, to gouge them, to posed cost ceilings, would be particularly problems exist because of Medicare pay- charge what they want to charge to damaging to women who suffer from more, ments to doctors. The proposals would, how- seniors, to put a whole lot of senior and often more complex conditions than ever, increase physicians’ income and fun- citizens at risk. This amendment is men. Requiring more general physician care damentally change the nature of the doctor- mistaken. This amendment under- and more specialist care, these already vul- patient relationship. mines the Medicare system, and this Without notice, or in the middle of a nerable patients, who even now have trouble amendment should be resoundingly de- affording the out-of-pocket health care ex- course of treatment, doctors could tell Medi- penses they must pay, could be faced with a care patients that treatment will be denied feated. choice of private treatment or a Medicaid- unless payment is made for the full amount Mr. President, I yield the floor. funded nursing home stay. of whatever the doctor wants to charge. No Mr. KYL addressed the Chair. ‘‘Kyl II’’ would make bad public policy other insurance policy, in either the public The PRESIDING OFFICER. The Sen- worse. The so-called Medicare ‘‘reforms’’ or private sectors, permits this. Access to ator from Arizona is recognized. that were include din the Balanced Budget specialists would suffer, as they could refuse Mr. KYL. Mr. President, might I in- Act have aptly been identified as the start to see the vast majority of Medicare bene- quire about the time remaining? down a slippery slope that will eventually ficiaries so that a small handful of the The PRESIDING OFFICER. The Sen- lead to the total dismemberment of Medi- wealthiest seniors could pay their higher ator from Arizona controls 39 minutes care. OWL believes that ‘‘Kyl II’’ would be a rates. Instances of fraud and abuse would in- 30 seconds. The Senator from New Jer- large rock rapidly careening down that crease, as unscrupulous doctors would have sey controls 14 minutes 15 seconds. slope, taking with it the guarantees of access an easy time getting away with double bill- Mr. KYL. I thank the Chair. and quality that Medicare has always pro- ing both Medicare and the patient. I think it is probably time for me to vided to America’s older women. Beneficiaries could be subject to bait-and- 21.8 million (out of 38.1 million) of all switch tactics, in which doctors begin a respond to some of the things that Medicare beneficiaries are women, and 83% course of treatment under Medicare and then have been said. I appreciate the spirit have an annual income of less than $25,000 turn around and demand full payment of in which the comments were made by per year. in fact, older women live on a me- higher charges out-of-pocket for treatment the Senator from Minnesota, and ear- dian income of $9,355 a year (compared to a to continue. What if a particular doctor lier by the Senator from Arkansas, and man’s $14,983), and depend upon Medicare and doesn’t like what Medicare is paying him for certainly also by the Senator from Ne- their monthly Social Security check for one particular service? What if the doctor vada. We have reasonable differences of maintaining their independence at home notices that the patient has driven up in a rather than entering a nursing home. This nice new car? The kind of uncertainty this opinion about certain matters here. I proposed legislation not only threatens to proposal would create would be extremely appreciate the spirit in which their destroy the foundation of a critical social in- harmful to Medicare beneficiaries. comments have been made. surance program, but could seriously threat- We strongly urge members of Congress to But my, oh, my, Mr. President, it is en the lives of America’s older women. reject this proposal, to act in the interest of amazing to me that we would have 49 S2822 CONGRESSIONAL RECORD — SENATE March 31, 1998 or 50 cosponsors of this legislation in tration officials convinced some House many years and he just wants to go the Senate and almost 200 in the House and Senate negotiators that they had back to that same doctor even though if it were going to do all of the horrible to attach a condition onto our amend- he would have to privately contract. things that have been suggested by my ment; namely, in order for a patient to That could well happen, but I don’t call colleagues. I don’t think I could go have this right, they had to find a doc- that elitist. I cited the example of a home. I daresay that I probably rep- tor who would dump all of that doc- friend of mine, who is not a senior citi- resent more senior citizens—or at least tor’s Medicare patients for 2 years in zen, by the way, but his wife was very, as many as my distinguished colleague advance, or you could not contract pri- very ill with cancer. He would have from Minnesota. In fact, half of the vately. As a practical matter, that spent every nickel that he had, he State of Minnesota comes to my State eliminated the choice, because very would have spent his life savings, he in the wintertime, and we really enjoy few doctors are going to dump all of would have done anything to save her visiting with his constituents. Obvi- their existing Medicare load to just life. In the end he couldn’t, but he went ously, they probably receive some med- treat a few private contract patients. to great lengths to try to save her life. ical care in our State, too. Obviously, So, as a result, we are now dealing As I said, I was successful in getting we are not going to be doing something with a new phenomenon. What started a compassionate release from FDA so by which my mother and father and all as a great program, an entitlement, she could be treated with some experi- of their friends and all of my other sen- which people could take advantage of, mental drugs. When it is your life, or ior constituents are going to feel has now become the exclusive, only your wife, your spouse, you will do threatened. way for senior citizens to receive care anything when their health care, their What could it be that is so horrible in our country. As I pointed out ear- life, is involved. Are we going to say to about this? lier, even in England where they have them, in the United States of America, The Senators from Arkansas and Ne- socialized medicine, they have a sys- ‘‘No, you are stuck with Medicare vada made, I think, a very telling tem whereby, if you don’t want to go to whether you like it or not,’’ even point. They said that Medicare has cer- the socialized medicine program, you though you might be able to go to a tainty. The Senator from Nevada said can go to a doctor of your choice. Many great specialist somewhere at some that it may not be perfect but at least people do, and has it ruined the English great university who is not taking very it has certainty. Mr. President, that is system of health care? No. If this is many Medicare patients and he doesn’t true. The Congress began here with a going to be such a horrible thing and want to take any more Medicare pa- program, an entitlement for senior ruin Medicare, why hasn’t it ruined the tients but he is willing to treat you? citizens, to provide certain medical English system, where this right of pri- We are saying, ‘‘No, we are not going care—not all care, but certain care for vate choice always has existed? Why to let that great surgeon, that univer- senior citizens. Gradually, over time, didn’t it ruin the Medicare system be- sity research expert, treat you outside that has transformed from an entitle- fore January 1, when this right ex- of Medicare because we only have one ment into an exclusive program. It is isted? It may not be perfect, but at level of care in this country and we Medicare or no care, as of January 1 of least there is certainty. We are saying don’t want anybody to have any better this year. the certainty has now gotten to the care than anybody else.’’ Up to that point, you had options. point where it is a constraint, the de- I don’t call that elitist. I call that the denial of the basic American right You could go outside the Medicare sys- nial of a right and the denial of a free- of freedom. That is why I think we tem, if you wanted to, for covered serv- dom. In that regard, certainty is less need to get this back to what we are ices. As the Senator from Nevada desirable than choice. pointed out, it wasn’t done very much, Now, my colleague from Minnesota really talking about. Let me read again the words, because but you had the right. That is the made an interesting point in conclud- I find it hard to believe that my col- point. All of these dire warnings about ing. He said doctors could overcharge leagues would really vote against these price gouging and people having to here and you could actually create two words. This is the amendment we are choose between food and medical care, classes of medicine. Mr. President, I debating here: that has been the situation for the last think this says a lot, because what it It is the sense of Congress that seniors 20 some years. Patients have always says in the long run is that we are have the right to see the physician or health had this right to privately contract. It going to have one level of care for sen- care provider of their choice. was taken away from them, as a prac- ior citizens. We can’t predict exactly Those who vote no are saying, no, tical matter, on January 1 of this year. what that level of care is going to be, they should not have that right. It is That is why I am standing here. I but whatever it is, if a senior feels dis- that simple. would not be here otherwise. satisfied with that level of care, he or Finally, perhaps I could refer to some What happened was that because the she is stuck with it; there is no way of the antifraud provisions. I had not Health Care Financing Administration out. Even in Great Britain, you have a wanted to take the time to do this, but was writing letters to doctors threat- way out. If you are not satisfied with there has been a suggestion that pa- ening them that they had to submit a it, if you don’t think it suits your par- tients are in jeopardy, that seniors bill to Medicare for anyone who was ticular needs, you at least have the would be in jeopardy because doctors ‘‘Medicare eligible’’—obviously, that is right to go to the doctor of your choice could charge all kinds of extra money. everybody over 65—the doctors were outside the system. But not in the I really don’t have the time to read all worried. They said, ‘‘We never had to United States of America. of this; it is page after page after page. do this before,’’ and, as a colleague We are going to say, ‘‘No, no, there Let me just cite some examples here of pointed out, ‘‘If the patient doesn’t has to be only one type of care and it some of the things that are included want to have this done, we don’t have has to be the same for everybody once that a physician would have to do in to do it. They could be treated outside you hit 65.’’ What we are saying is that order to enter into this kind of con- of Medicare. So would you please con- there may be a few people—and I grant tract, in order to assure that there is firm that, make it absolutely certain it will not be a large number—but no fraud or abuse. And HCFA, Health in the law?’’ So I introduced the there may be a few people who are not Care Finance Administration, would amendment. It passed overwhelmingly, satisfied with that, who, for whatever have total control over this. The re- like 65–35 or so. reason, decide they want to have care quirements are as follows. All of us want to give patients the outside of the Medicare system and First of all, a contract would have to freedom of choice: Even if the right they are willing to pay for it. Why be in writing and signed. No claims isn’t going to be exercised very much, deny them that right? This is America. could be—the contract provides that no let the patient decide. But what hap- One of my colleagues made the point, party to the contract and no entity on pened was that after that became part I think it was the colleague from Ar- behalf of any party to the contract of the Balanced Budget Act of last kansas, that this is elitist because shall submit any claim or request for year, as it was being negotiated in its some people will pay for their own payment to Medicare. details at the very end of the year, in care. Perhaps you have a patient who The contract must identify the Medi- the middle of the night, the adminis- has been treated by the same doctor for care-covered professional services and March 31, 1998 CONGRESSIONAL RECORD — SENATE S2823 the period, if any, to be covered, but Mr. WELLSTONE addressed Chair. able to afford it. But what about the does not cover any services furnished The PRESIDING OFFICER. Who vast, vast majority of senior citizens before the contract is entered into for yields time? who can’t afford now what doctors are the treatment of an emergency medical Mr. WELLSTONE. Mr. President, I charging them? That is really what we condition. So this couldn’t be used ask for 4 minutes to respond. are going into. We are not talking when the patient is in extremis unless Mr. LAUTENBERG. Mr. President, I about freedom of choice for elderly the contract was entered into before yield the Senator from Minnesota 4 people. We are taking a lot of choice the onset of the emergency medical minutes. away. We are talking about a situation condition. There must be clear disclo- The PRESIDING OFFICER. The Sen- where conceivably in a given commu- ator from Minnesota is recognized for sure of terms. The contract must clear- nity doctors could get together, or the up to 4 minutes. ly indicate that by signing the con- majority of doctors could get together, tract the Medicare beneficiary under- Mr. WELLSTONE. Mr. President, again, colleagues should understand ex- charge more, still be in the Medicare stands and agrees not to submit a system, and decide for each and every claim to Medicare, agrees to be respon- actly what this sense of the Senate is about. What this amendment is about elderly person and their loved one what sible, whether through insurance or they pay—what they pay. otherwise, to pay for the services, ac- is what the Kyl legislation is about, which is really quite a change from A whole lot of people who now can go knowledges that no limits under this and get the care they need, given the title may be charged, acknowledges current policy. Right now what we have said is that if a doctor or provider Medicare system, may no longer be that Medicare supplemental policies do able to afford it. The whole purpose of not make payments for such services, wants to charge more than the reim- bursement he or she will get from Medicare was that we said when you acknowledges that the beneficiary has get to be older, you are going to incur the right to have such services pro- Medicare, fine. Go ahead and do it. But if you do that with your own private more health care costs and we want to vided by other physicians or health make sure that there is coverage for care practitioners for whom payment contracting, then for 2 years you are you, that we should at least do that for would be made by Medicare; that the not in the Medicare system. The reason elderly people. Why in the world would contract must also clearly indicate for that is to protect people, elderly we want to turn the clock back? Why whether the physician or practitioner people, who rely on this program. in the world would we want to turn our is excluded from participation; the par- Mr. President, again I present to col- backs on elderly people? Why in the ties can modify the contract if they leagues a very important letter on pri- world would we now want to create a consent, the health care practitioner vate contracting, a GAO letter to Sen- situation where, if you are wealthy— must submit a variety of—a whole va- ator MOYNIHAN of February 23, 1998: riety here of things to HCFA, including Nearly all physicians treat Medicare pa- and by the way most senior citizens are information to HCFA which makes it tients and accept new patients covered by not—you have it made. Yes, you can Medicare. The recent data from the AMA in- contract with this doctor and these clear as to what the charges are, what dicate that 96.2 percent of all non-Federal the services are for which the payment doctors. This doctor or these doctors physicians treated Medicare beneficiaries in can charge you anything they want to. is being made by the patient, and other 1996. Moreover, the percentage of physicians information that Medicare—HCFA treating Medicare patients has increased to But for the vast majority of people, deems necessary to prevent fraud and 95.2 percent in 1995 from 94.2 percent in 1994; Medicare beneficiaries, this will not abuse. It goes on and on and on. I don’t over the last 2 years. work well. This will not work well. need to quote it all. Mr. President, here is the point. The The PRESIDING OFFICER. The time The point is the sense-of-the-Senate point is that the Medicare Program is of the Senator has expired. resolution that we have before us here a program that seniors rely on. A lot of Mr. LAUTENBERG. The Senator can also makes reference to and summa- Senators may not understand where have a couple more minutes as he rizes those provisions. I noted just one the Kyl amendment takes us. Where needs. of the provisions. I will cite it again, the Kyl amendment takes us is the fol- Mr. WELLSTONE. I thank my col- that the legislation we are talking lowing direction. league. about here must include provisions By the way, people who are covered Let me just give an analogy. Take that are subject to stringent fraud and by Medicare are covered. They are able the Kaiser plan. It is well known, a abuse law, including the Medicare anti- to get the care they need. My colleague managed care plan. You join the Kaiser fraud provisions in the Health Insur- was talking about the horrible example plan and you are going to pay a given ance Portability and Accountability of someone who had a loved one who fee, the enrollees pay a given fee. Can Act of 1996. was struggling with cancer. It’s the you imagine what it would be like if all The point is, if the existing law anti- vast majority of people in the country of a sudden doctors in the Kaiser plan fraud provisions are good enough for who do not have insurance or are could decide on their own, based upon the existing law, then it is kind of hard underinsured who need the most help. what particular citizens they were see- to criticize them as applicable to this. We really ought to be expanding Medi- ing, that they would charge more for So I think it is a red herring to say care for people in our country. We service? You join the plan just like doctors could somehow gouge patients ought not to be about the business of people join Medicare. You join the Kai- under this. They are going to be sub- dismantling Medicare. ser plan. Where Senator KYL is taking ject to very stringent antifraud provi- I will use the same example as my us, it would be as if doctors in the Kai- sions, at least as stringent, and frankly colleague from Arizona used, but I will ser plan could now say to the enrollees, more stringent, than those under exist- reach a whole different set of conclu- ‘‘By the way, we have decided we are ing law. So I really don’t think that is sions. I will simply say to you: Imagine going to charge you more for coverage a fair criticism of what we are trying a situation where you have an elderly of this service.’’ I mean, people would to do here. couple, age 70. The wife is now battling be furious. People would feel betrayed. This is merely a sense of the Senate cancer. It turns out that in the com- People would say, ‘‘Wait a minute, that that people in this country, just be- munity where they live, under the Kyl is not the contract with us.’’ cause they turn 65, should not be pre- amendment, given where the Kyl Medicare is a sacred contract with cluded from making the choice—that amendment is taking us, the vast ma- senior citizens. We ought not create they are willing to pay for—to be treat- jority of doctors in the community this gigantic loophole for too many ed outside of the Medicare Program. have decided, ‘‘Listen, we are going to providers who I fear rip off elderly peo- Most will not want to do so. But who charge more than Medicare reimburse- ple to charge fees for services that sen- are we to say in those cases in which a ment will give us. We are going to ior citizens cannot afford. We ought person does want to do so that they charge more.’’ It just so happens that not tear up a very sacred contract. can’t do it, whatever it means to their this couple can’t afford it. They maybe I hope we will have a strong vote life or the life of their loved ones? I have a total income of $20,000 or $25,000 against this amendment. think that is what is elitist. I hope my a year. I yield the floor. colleagues will join me in supporting Now it is two classes of medicine. If The PRESIDING OFFICER. The Sen- this amendment. you are wealthy, you are going to be ator from Arizona. S2824 CONGRESSIONAL RECORD — SENATE March 31, 1998 Mr. KYL. Mr. President, if I could going to provide you an entitlement of private contracting at this time. They make just a couple of comments in re- health care, but it has now decided have advised that any further expan- sponse to the Senator from Minnesota. that is the only thing you can get once sion of private contracting could have If an insurance company or plan like you turn 65; that you cannot go outside many unknown effects that should be Kaiser company has a contract to pro- of that system.’’ studied in the broader context of Medi- vide care, they would be obligated to That, Mr. President, is what is so care reform by the bipartisan commis- provide the care they contracted to wrong with the law that took effect as sion on Medicare. I believe that’s good provide. They can’t all of a sudden just of January 1 of this year and what we advice, Mr. President, and I would urge opt out and say we have decided we are trying to correct. That is why we my colleagues to oppose this amend- don’t want to do that anymore or we need to go on record expressing the ment. are going to charge more money for it. sense of the Senate, and I will read it Mr. REID. Mr. President, I rise in op- I really don’t understand the point of again: position to the Kyl amendment. I do so the Senator from Minnesota in that re- [Expressing] the sense of the Senate that because I am not convinced that a pri- gard. seniors have the right to see the physician or vate contracting provision is necessary Second, he argued that under this health care provider of their choice. .. in the first place. This amendment is amendment it could well come to pass, I hope my colleagues will support us presented in the name of freedom of probably would come to pass, that so in that expression. choice when in fact it has a potentially many physicians would charge so much Mr. LAUTENBERG. Mr. President, I devastating effect on the Medicare pro- more that pretty soon people wouldn’t rise in opposition to the sense-of-the- gram and the health care costs paid by be able to afford their medical care. Senate amendment offered by Senator America’s senior citizens. Seniors today have a choice in their health Yet it has also been argued here that KYL, which calls for the expansion of care options. They have the ability to very few people would want to take ad- private contracting between physicians privately contract for care not covered vantage of this; that 92 percent of the and Medicare beneficiaries. This pro- by Medicare as they always have. They people in Medicare are happy with the posal could leave beneficiaries vulner- also have payment protection in terms care that they are getting. I don’t able to higher out-of-pocket costs for of how much they can be charged for Medicare services. And it could leave think you can have it both ways. I Medicare covered services. Under the the Medicare Program more vulnerable don’t think you can argue on the one Kyl amendment these protections are to fraud and abuse. hand that there would be dire con- removed and seniors who engage in pri- Mr. President, the Balanced Budget sequences because everybody will want vate contracting would be responsible Act of 1997 allows physicians to enter to do this and on the other hand every- for 100% of the cost of their care. Even into ‘‘private contracts’’ with Medicare thing is just fine and nobody is going if this care is for Medicare covered enrollees and set their own fees for to want to do it. services. Medicare would not pay for The truth of the matter is that prob- services covered by Medicare. The in- these services under private contract ably not very many people will want to tent of this provision was to allow the nor would supplemental policies pay as do this and therefore it will not have 9 percent of physicians who don’t par- well. Seniors would be 100% responsible dire consequences on the system. But ticipate in the Medicare Program, to for these costs. for those people who do want to do it, continue to treat their Medicare-eligi- Today, 92% of Medicare beneficiaries it becomes a very important matter to ble patients through private contracts. are satisfied with Medicare. Under this them. They may want to spend what- To protect Medicare from fraud and amendment, the potential for signifi- ever they have—whether they have to ensure that private contracting ar- cant out of pocket costs for seniors be- very much or not—in order to get that rangements are limited to physicians comes a reality. When seniors already physician of their choice. who otherwise would not be available pay 21% of their health care costs out Let me present an analogy to you, to Medicare beneficiaries, the law is of pocket, any amendment to raise Mr. President, about what the Senators limited to those physicians who agree, these costs should be closely scruti- who are arguing in opposition to this in an affidavit, to forgo all reimburse- nized. The potential for fraudulent ac- are really arguing. ment from Medicare for at least 2 tivity is also significantly increased They said we provided this great years. The law also requires a physi- under this amendment. While I have health care system for the citizens of cian to disclose to the patient that no faith in our physician community and the United States, and so it has to be Medicare payment will be made for pri- don’t believe they are waiting in the the only system. To be consistent, they vately contracted services, no balance wings to defraud our Medicare system, should also say we provided a great re- billing limits will apply, no Medigap the potential for the Health Care Fi- tirement system for people in this coverage will be available, and the nancing Administration (HCFA) to country; it is called Social Security. So services to be performed would be paid monitor claims that might be submit- in order to prevent anybody from get- for by Medicare if provided by another ted while a private contracting rela- ting anymore money than anyone else physician. tionship has been established is ques- in retirement, we are going to provide The proposal advocated by Senator tionable. We have a responsibility to that under Social Security; that is KYL could jeopardize these important minimize any scenario that might lead what you got; you can’t go outside; you protections by allowing all physicians to fraudulent activity and under this can’t have pension benefits, insurance to charge Medicare beneficiaries more amendment, those guarantees to do not benefits, stock paying you dividends or than the levels set by the Congress on exist. The Congressional Budget Office money from your kids or whatever. It a service-by-service or patient-by-pa- reports that the HCFAs efforts to is the Government plan or no plan, just tient basis. And that could lead many screen inappropriate or fraudulent like they are saying, here it is, Medi- seniors vulnerable to pressure from claims could be significantly com- care or no care. Same thing, Mr. Presi- providers to pay higher rates. For ex- promised. There is no system is a place dent. You can see how absurd the prop- ample, a physician could tell someone that would allow HCFA to determine osition is when presented in that way. with a serious illness that they would which patients are paying for their For retirement savings, we acknowl- have to pay extra to get the services care out of pocket from those whose edge the fact that people ought to have they need. And for a desperately ill physician is submitting claims to a choice. They can have the Govern- person, that may leave them feeling Medicare for these same services. It is ment plan but they can also exercise that they have no real choice. for this reason that the private con- their own freedom of choice to provide So, Mr. President, we need to evalu- tracting clause in the balanced budget for themselves as they see necessary. ate the impact of the law we just Act of 1997 has a 2-year exemption But what our colleagues on the other passed before we make changes that clause which would require physician’s side are saying is, when it comes to could raise costs for beneficiaries or who participate in private contracting health care, which I argue is even more add to the already critical problems of to see no other Medicare patients dur- important to people than money, ‘‘No, fraud and abuse. The American College ing this period. This would enable you don’t have that choice, because the of Physicians has recommended that HCFA to ensure that no double pay- Government has decided not only is it we not legislate further on the issue of ments are being made. This is the only March 31, 1998 CONGRESSIONAL RECORD — SENATE S2825 way HCFA at this time could preclude degree amendment. So that would take we will be ready soon after that. With possible fraudulent activity. care of that. that, I yield to my friend from New Prior to the Balanced Budget Act of Is the Senator proposing that we Jersey. 1997 few of us in Congress had ever yield back all remaining time from the The PRESIDING OFFICER. The Sen- heard about private contracting in Senator from Arizona as well as our ator from New Jersey. Medicare. This is because our senior side; all yielding back? Mr. LAUTENBERG. Mr. President, I constituents were not concerned about Mr. DOMENICI. Yes, I am. Obviously, appreciate the message that the chair- this issue and our physician constitu- when this amendment comes up, if you man of the Budget Committee is send- ents had never surfaced the issue ei- desire to yield off the resolution, we ing out here, and that is the time is ther. My sense is that the truth of the can still do that. I just want to get on going to be consumed. We always know matter is that they would not be con- to another amendment, if we can. what happens when it gets to the be- cerned about this issue now as well had Mr. LAUTENBERG. When is the Sen- witching hour, which is the end of the it not surfaced during the balanced ator proposing to set the vote on this week, and people want to go home or budget debate. The cost protections af- amendment? take care of other business. forded by Medicare are valuable to sen- Mr. DOMENICI. Mr. President, I say I say to my colleagues on my side, as iors and the peace of mind that is to the Senator from New Jersey, I re- well as the other side, do not be sur- achieved knowing out of pocket costs ceived a note from the majority leader prised, if you want to delay doing it will be limited means a great deal to that votes will start tomorrow at 12 now, that you are not going to be able those on fixed incomes. In that 96 per- noon on a number of stacked amend- to get enough time, in many cases, to cent of physicians participate in Medi- ments. really explore the amendment that you care, there were no signs of their dis- Mr. LAUTENBERG. So all the people want to present. We could wind up in a satisfaction or a call for change. Per- who want to rush down here and offer vote-a-thon. That is going to be al- haps rather than voting on this amend- amendments will still have time to do lowed. It means 1 minute debate and a ment which is framed in the name of so tonight? vote. I don’t think that is a good way freedom of choice, the better approach Mr. DOMENICI. We know of three to do legislation. would be to remove the private con- that will take quite a bit of time, and I say we are going to be here. Senator tracting choice provision in the Bal- they are willing to do that. DOMENICI and I have agreed we will anced Budget Act of 1997 and return to Mr. LAUTENBERG. That would be stay as long as we can, to use the ex- the way things were. I do not believe wonderful. We are not thinking of clos- pression, to do some business, to have that this debate is about freedom of ing up shop until we have heard all the people come down and offer their choice for seniors nor do I believe that amendments. amendments. We invite them, whether physicians are standing in line to de- Mr. DOMENICI. All amendments that it is 10 o’clock or 12 o’clock. We don’t fraud our Medicare system. What I do can possibly be taken up on the floor. want an hour to elapse in between believe is that we are debating an issue Mr. LAUTENBERG. Oh, that would them, frankly, but we are here and we that before we learned what it meant be excellent. I can’t wait to hear them. will stay as long as our colleagues seven months ago, few of us, constitu- Mr. President, I suggest the absence want to bring amendments. We hope ents included, were even aware of. I of a quorum. they will. If I still have the floor, I submit that change for change sake is The PRESIDING OFFICER. The have a couple of amendments to send a mistake. We have a strong Medicare clerk will call the roll. to the desk. Program with protections in place to The legislative clerk proceeded to Mr. DOMENICI. Will the Senator let protect beneficiaries from high out of call the roll. me make an assignment? Mr. Presi- pocket costs and one that is committed Mr. DOMENICI. Mr. President, I ask dent, Senator GORTON is going to take to removing the potential for fraudu- unanimous consent that the order for over my responsibilities as manager, lent activity from the system. We must the quorum call be rescinded. and whatever privileges I have under be very cautious before we take steps The PRESIDING OFFICER. Without the Budget Act belong to Senator GOR- to destroy the success of this program objection, it is so ordered. TON from this point until I return. and the many protections this program Mr. DOMENICI. Mr. President, I say The PRESIDING OFFICER. Do the provides to the 38 million beneficiaries this in all sincerity, because the votes Senators yield back the time on the who count on it for their day to day were very long. One was in excess of a pending amendment? health care. In my view, the Kyl half hour, and quorum calls before the Mr. DOMENICI. I yield back any amendment does not pass the test to votes don’t count and the vote time time Senator KYL had on his amend- ensure payment protection for bene- doesn’t count. We have not even used ment. 1 ficiaries nor does it ensure the poten- 5 ⁄2 hours today from starting at 9:30 Mr. LAUTENBERG. And we yield tial for fraudulent activity is removed. this morning. We still have 29 hours re- back on our side as well. As such, I must oppose this amend- maining at this point, and we have es- The PRESIDING OFFICER. All time ment. sentially 2 days, Wednesday and Thurs- is yielded back. Mr. DOMENICI addressed the Chair. day, to get it done. That is going to be Mr. DOMENICI. It is understood The PRESIDING OFFICER. The Sen- very difficult. there will be no second-degree amend- ator from New Mexico. I am going to stay here, and we are ments, and the Kyl amendment will be Mr. DOMENICI. How much time re- not going to close the Senate. We voted on tomorrow in sequence. I ask mains on the Kyl amendment and the would like Senators to come down and unanimous consent that that be the opposition to it? offer amendments. case. The PRESIDING OFFICER. The Sen- I propose the following so there will The PRESIDING OFFICER. Without ator from Arizona controls 22 minutes be a sequence: First of all, there will be objection, it is so ordered. 40 seconds; the Senator from New Jer- no votes until 12 noon tomorrow, and Mr. DOMENICI. I yield the floor. sey controls 8 minutes 30 seconds. then there should be three votes. While AMENDMENTS NOS. 2204 AND 2205 Mr. DOMENICI. I wonder if the dis- this is not a unanimous consent re- Mr. LAUTENBERG. Mr. President, I tinguished Senator from New Jersey quest—it will be proposed later—let me have two amendments that I send to can agree we will both yield back the say those votes will be on or in relation the desk. One is for Senator KOHL from remainder of the time. I wonder if you to the Kyl amendment, on or in rela- Wisconsin and the other is for Senator intend to second degree the amend- tion to the Conrad amendment, and on DURBIN and Senator CHAFEE. I send ment. If you do not, then based on a UC or in relation to the Coverdell-McCain these to the desk and ask they be held that says that, we won’t offer a second- amendment. We are expecting to de- pending further action. degree amendment. If not, we intend bate at least, if not more, Senator The PRESIDING OFFICER. If there to—— CONRAD’s amendment and the Cover- is no objection, the pending amend- Mr. LAUTENBERG. Mr. President, dell, McCain, et al. amendment. We are ment will be set aside and the clerk we have no indication from anybody trying to get Senator CONRAD, and I will report. here that they want to offer a second- hope Senator COVERDELL is on notice The legislative clerk read as follows: S2826 CONGRESSIONAL RECORD — SENATE March 31, 1998 The Senator from New Jersey [Mr. LAU- workers are employed to provide long-term Mr. GORTON. Mr. President, I ask TENBERG] proposes amendments numbered care; and unanimous consent that a vote occur 2204 and 2205. (3) such a system would be created with on or in relation to the Kyl amendment The amendments are as follows: ample input and comment from representa- tives of the Department of Health and at 12 noon, Wednesday, April 1, and no AMENDMENT NO. 2204 Human Services, State government, law en- amendments be in order to the Kyl (Purpose: To express the sense of the Senate forcement, the nursing home and home amendment. regarding the establishment of a national health industries, patient and consumer ad- The PRESIDING OFFICER. Without background check system for long-term vocates, and advocates for long-term care objection, it is so ordered. care workers) workers. Mr. GORTON. I announce on behalf At the end of title III add the following: of the majority leader there will be no ll AMENDMENT NO. 2205 SEC. . SENSE OF THE SENATE REGARDING further votes this evening. THE ESTABLISHMENT OF A NA- (Purpose: To express the sense of Congress TIONAL BACKGROUND CHECK SYS- regarding the right to affordable, high- f TEM FOR LONG-TERM CARE WORK- quality health care for seniors) ERS. EMERGENCY SUPPLEMENTAL AP- (a) FINDINGS.—The Senate makes the fol- At the end of title III, insert the following: PROPRIATIONS FOR FISCAL lowing findings: SEC. ll. FINDINGS AND SENSE OF CONGRESS YEAR ENDING SEPTEMBER 30, (1) Over 43 percent of Americans over the REGARDING AFFORDABLE, HIGH- QUALITY HEALTH CARE FOR SEN- 1998 age of 65 are likely to spend time in a nurs- IORS. ing home. The PRESIDING OFFICER. Under (a) FINDINGS.—Congress finds the follow- the order of March 26, 1998, the Senate (2) Home health care is the fastest growing ing: portion of the medicare program under title (1) Seniors deserve affordable, high quality has received H.R. 3579, the supple- XVIII of the Social Security Act (42 U.S.C. health care. mental appropriations bill, recently 1395 et seq.), with an average annual growth (2) The medicare program under title XVIII passed by the House. All after the en- rate of 32 percent since 1989. of the Social Security Act (42 U.S.C. 1395 et acting clause of H.R. 3579 is stricken (3) A 1997 report from State Long-Term seq.) has made health care affordable for mil- and the text of S. 1768, as amended, is Care Ombudsmen assisted under the Older lions of seniors. Americans Act of 1965 indicated that in 29 inserted in lieu thereof; the House bill (3) Beneficiaries under the medicare pro- is considered read a third time and States surveyed, 7,043 cases of abuse, gross gram deserve to know that such program neglect, or exploitation occurred in nursing will cover the benefits that they are cur- passed; the Senate insists on its homes and board and care facilities. rently entitled to. amendment, requests a conference with (4) A random sample survey of nursing (4) Beneficiaries under the medicare pro- the House, and the Chair appoints the home staff found that 10 percent of the staff gram can pay out-of-pocket for health care following conferees. admitted committing at least 1 act of phys- services whenever they— The Presiding Officer (Mr. ical abuse in the preceding year. (A) do not want a claim for reimbursement BROWNBACK) appointed Mr. STEVENS, (5) Although the majority of long-term for such services submitted to such program; Mr. COCHRAN, Mr. SPECTER, Mr. DOMEN- care facilities do an excellent job in caring or ICI, Mr. BOND, Mr. GORTON, Mr. MCCON- for elderly and disabled patients, incidents of (B) want or need to obtain health care abuse and neglect do occur at an unaccept- services that such program does not cover. NELL, Mr. BURNS, Mr. SHELBY, Mr. able rate and are not limited to nursing (5) Beneficiaries under the medicare pro- GREGG, Mr. BENNETT, Mr. CAMPBELL, homes alone. gram can use doctors who do not receive any Mr. CRAIG, Mr. FAIRCLOTH, Mrs. (6) Most long-term care facilities do not reimbursement under such program. HUTCHISON, Mr. BYRD, Mr. INOUYE, Mr. conduct both Federal and State criminal (6) Close to 75 percent of seniors have an- HOLLINGS, Mr. LEAHY, Mr. BUMPERS, background checks on prospective employ- nual incomes below $25,000, including 4 per- Mr. LAUTENBERG, Mr. HARKIN, Ms. MI- ees. cent who have annual incomes below $5,000, KULSKI, Mr. REID, Mr. KOHL, Mrs. MUR- (7) Most State nurse aide abuse registries making any additional out-of-pocket costs RAY, Mr. DORGAN, and Mrs. BOXER con- are limited to nursing home aides, thereby for health care services extremely burden- failing to cover home health and hospice some. ferees on the part of the Senate. aides. (7) Very few beneficiaries under the medi- Mr. GORTON. Does the Presiding Of- (8) Current State nurse aide abuse reg- care program report having difficulty ob- ficer have any additional appoint- istries are inadequate to screen out abusive taining access to a physician who accepts re- ments? If not, I suggest the absence of long-term care workers because no national imbursement under such program. a quorum. system is in place to track abusers from (8) Allowing private contracting on a The PRESIDING OFFICER. The State to State and facility to facility. claim-by-claim basis under the medicare pro- clerk will call the roll. (9) Currently, 29 States have enacted vary- gram would impose significant out-of-pocket The legislative clerk proceeded to ing forms of criminal background check re- costs on beneficiaries under such program. quirements for prospective long-term care (b) SENSE OF CONGRESS.—It is the sense of call the roll. employees. However current Federal and Congress that the assumptions underlying Mr. FRIST. Mr. President, I ask State safeguards are inadequate because the functional totals in this resolution as- unanimous consent that the order for there is little or no information sharing be- sume that seniors have the right to afford- the quorum call be rescinded. tween States about known abusers. able, high-quality health care and that they The PRESIDING OFFICER. Without (10) Many facilities would choose to con- have the right to choose their doctors, and objection, it is so ordered. duct background checks on prospective em- that no change should be made to the medi- f ployees if an efficient, accurate, and cost-ef- care program that could— fective national system existed. (1) impose unreasonable and unpredictable THE UNIVERSITY OF TENNESSEE (11) The impending retirement of the baby out-of-pocket costs for seniors or erode the LADY VOLUNTEERS boom generation will greatly increase the benefits that the 38,000,000 beneficiaries demand and need for quality long-term care. under the medicare program are entitled to; Mr. FRIST. Mr. President, on this (12) It is incumbent on Congress and the (2) compromise the efforts of the Secretary past Sunday night history was made, President to ensure that patients receiving of Health and Human Services to screen in- perfection was attained, and a dynasty care under the medicare and medicaid pro- appropriate or fraudulent claims for reim- was firmly established in women’s col- grams (42 U.S.C. 1395 et seq.; 1396 et seq.) are bursement under such program; and legiate basketball. It is with great Ten- protected from abuse, neglect, and mistreat- (3) allow unscrupulous providers under nessee pride that I salute the 1998 ment. such program to bill twice for the same serv- (b) SENSE OF THE SENATE.—It is the sense ices. NCAA National Championship Lady of the Senate that the assumptions underly- Mr. LAUTENBERG. I suggest the ab- Vols of the University of Tennessee. ing the functional totals in this concurrent sence of a quorum. Mr. President, I ask unanimous con- resolution on the budget assume that— The PRESIDING OFFICER. The sent that the Senate proceed to the im- (1) funds should be directed toward the es- clerk will call the roll. mediate consideration of S. Res. 203, tablishment of a national background check submitted earlier today by myself and system for long-term care workers who par- The legislative clerk proceeded to call the roll. Senator THOMPSON. ticipate in the medicare and medicaid pro- The PRESIDING OFFICER. The grams (42 U.S.C. 1395 et seq.; 1396 et seq.); Mr. GORTON. Mr. President, I ask (2) such a system would include both a na- unanimous consent that the order for clerk will report. tional registry of abusive long-term care the quorum call be rescinded. The legislative clerk read as follows: workers and a requirement for a Federal The PRESIDING OFFICER. Without A resolution (S. Res. 203) expressing the criminal background check before such objection, it is so ordered. sense of the Senate that the University of March 31, 1998 CONGRESSIONAL RECORD — SENATE S2827 Tennessee Lady Volunteers basketball team Coach Pat Summitt to the great John Resolved, That it is the sense of the Senate is the new dynasty in collegiate women’s Wooden. I think the magazine was that the University of Tennessee Lady Vol- basketball. right on the mark. unteers basketball team should be recog- The PRESIDING OFFICER. Is there Of course, many of my colleagues had nized as the new dynasty in collegiate wom- en’s basketball. objection to the immediate consider- their own home-state favorites in the ation of the resolution? tournament. But Mr. President, I say Mr. FORD addressed the Chair. There being no objection, the Senate that they shouldn’t be too disappointed The PRESIDING OFFICER. The Sen- proceeded to consider the resolution. with the outcome. They might want to ator from Kentucky. Mr. FRIST. Mr. President, this keep in mind that all those other f evening, along with my fellow Lady teams were, after all, up against a bas- COMMENDING AND CONGRATULAT- Vol fan, Senator FRED THOMPSON, I in- ketball dynasty that just finished an ING THE UNIVERSITY OF KEN- troduce this sense-of-the-Senate reso- undefeated season of 39 wins, coming TUCKY ON ITS MEN’S BASKET- lution establishing the Tennessee Lady off back-to-back national champion- BALL TEAM WINNING ITS SEV- Vols as the new dynasty in collegiate ships. Plus, we’re talking about a Ten- ENTH NATIONAL COLLEGIATE women’s basketball. When one recites nessee team here, so what else could ATHLETIC ASSOCIATION CHAM- the great basketball dynasties of all you expect? Frankly, Mr. President, PIONSHIP time, the Boston Celtics, the Chicago my heart goes out to anybody who Bulls, and the UCLA Bruins Men’s would get between the UT players and Mr. FORD. Mr. President, I send a team, one should certainly complete the win that marks their third con- resolution to the desk and ask for its that list with the Tennessee Lady Vols. secutive national championship. immediate consideration. The greatest coach in women’s bas- Back home in Tennessee we are very, The PRESIDING OFFICER. The ketball history, Pat Summitt, who re- very proud of this team. We’re proud of clerk will report. cently appeared on the cover of Sports the scholar-athletes. We’re proud of the The legislative clerk read as follows: Illustrated as the ‘‘Wizard of Knox- coaching staff. We’re proud of the par- A resolution (S. Res. 204) to commend and ville,’’ has led the Lady Vols to their ents and the friends and the faculty congratulate the University of Kentucky on third national championship in a row who support them. We’re proud of a its men’s basketball team winning its sev- by defeating a great Louisiana Tech program that has made women’s bas- enth National Collegiate Athletic Associa- team by the score of 93–75 in the NCAA tion championship. ketball into a national phenomenon. Whereas the University of Kentucky Wild- Tournament final. This victory capped And we’re proud that at the end of this cats men’s basketball team defeated the Uni- a perfect season at 39 wins and zero season, this team wrote itself into the versity of Utah’s team on March 30, 1998, in losses, the most victories ever for a sports history books with six cham- San Antonio, Texas, to win its seventh Na- woman’s team. In fact, their current pionships in twelve years. tional Collegiate Athletic Association winning streak is 45 games. This is just about as flawless a sea- (NCAA) championship; and I watched, along with my fellow Ten- son of athletic performance as you’re Whereas, the Wildcats overcame the larg- nesseans, with pride as the Lady Vols ever going to see, and we’re fortunate est halftime deficit in a championship game, marched through their perfect season, earning for themselves the nickname ‘‘The in Tennessee to have this tremendous Comeback Cats, and defeating 39 teams by an average mar- program and these gifted, talented Whereas, Coach Tubby Smith, his staff, gin of 30 points. And 16 of these vic- young people. and his players displayed outstanding dedi- tories were against teams ranked in So today, I congratulate them. My cation, teamwork, unselfishness, and sports- the top 25 in the Nation. This domi- colleagues have enjoyed this kind of manship throughout the course of the season nance is likely to continue into next excitement with teams from their own in achieving collegiate basketball’s highest year because, as all Lady Vol fans states. And I know they appreciate just honor; and know, only one of these champion play- how pleased we are in Tennessee to get Whereas Coach Smith and the Wildcats have brought pride and honor to the Com- ers is a senior. bragging rights for 1998. Year after In closing, I would like to acknowl- monwealth of Kentucky, which is rightly year, this tremendous program and known as the basketball capital of the world: edge the tremendous effort and the these outstanding young people make now, therefore, be it team play by the Lady Vols, who in- us proud. So, Mr. President, I ask my Resolved, That the Senate commends and clude team members, now familiar to colleagues to join me in declaring the congratulates the University of Kentucky on this country, Niya Butts, Kyra Elzy, University of Tennessee Women’s Bas- its outstanding accomplishment. Laurie Milligan, Misty Greene, Kellie ketball program a certified, world-class Sec. 2. The Secretary of the Senate shall Jolly, Semeka Randall, Chamique sports dynasty. transmit a copy of this resolution to the president of the University of Kentucky. Holdsclaw, Tamika Catchings, Brynae Mr. FRIST. Mr. President, I ask Laxton, Kristen Clement, LaShonda unanimous consent that the resolution The PRESIDING OFFICER. Is there Stephens, and Teresa Geter. be agreed to, the preamble be agreed objection to the immediate consider- I would especially like to acknowl- to, the motion to reconsider be laid ation of the resolution? edge the tremendous coaching job of upon the table, and that any state- There being no objection, the Senate Pat Summitt, and all the members of ments relating to this resolution ap- proceeded to consider the resolution. the University of Tennessee who have pear at the appropriate place in the Mr. FORD. Mr. President, I thank the helped contribute to the building of RECORD. clerk for reading it. I apologize for im- this great dynasty. Lastly, I would like The PRESIDING OFFICER. Without posing upon him, but I wanted that to to recognize the most important group, objection, it is so ordered. be a part of the RECORD. Not many peo- and one which I am honored to be in- The resolution (S. Res. 203) was ple will read the RECORD back home. I cluded in, the great Tennessee Vol agreed to. would like for them to see and hear it. fans. The preamble was agreed to. On behalf of the fans and the people of Mr. President, I yield the floor. The resolution, with its preamble, the Commonwealth of Kentucky, it is a Mr. THOMPSON. Mr. President, I reads as follows: great pleasure for me to come to the rise today to recognize the outstanding S. RES. 203 Senate floor today to brag on a group victory of the University of Tennessee Whereas the Lady Volunteers (referred to of young men that refused to give up, a Lady Volunteers in capturing their in this resolution as the ‘‘Lady Vols’’) won team that showed us all the best about third consecutive national basketball its third straight National Championship in teamwork, selflessness, and dedica- championship. And I ask my colleagues the National Collegiate Athletic Association tion—the 1998 NCAA National Cham- to join me in formally recognizing the women’s basketball tournament on March 29, pion University of Kentucky Wildcats. Lady Vols as our country’s newest 1998; The University of Kentucky has a sports dynasty. Whereas the Lady Vols finished the 1997– storied tradition of outstanding bas- 1998 basketball season with a perfect record Under the leadership of Coach Pat of 39 wins and zero losses; and ketball teams; the ‘‘Fabulous Five,’’ Summitt, the Lady Volunteers went Whereas the Lady Vols have won 6 Na- the ‘‘Fiddlin Five,’’ ‘‘Rupp’s Runts,’’ undefeated this season. Only a few tional Championships in the last 12 years: and more recently, ‘‘The weeks ago, Sports Illustrated compared Now, therefore, be it Unforgettables,’’ to name just a few. S2828 CONGRESSIONAL RECORD — SENATE March 31, 1998 But today, we have a new team to add Mr. REID. I move to lay that motion Mr. LAUTENBERG. If I may, Mr. to that list: ‘‘The Comeback Cats.’’ on the table. President, we are expecting the unani- Faced with a 10-point half-time defi- The motion to lay on the table was mous consent agreement that was pro- cit, the Cats overcame that deficit and agreed to. pounded before that includes Senator rallied to beat Utah, a team of out- Mr. REID. Mr. President, while the CONRAD followed by Senator COVER- standing athletes playing under a fine Senator from Kentucky is here, I ap- DELL, and we intend to follow that coach. And by doing so, they broke the preciate the resolution that was offered order, but understanding that after all-time record for the largest half- and that was just passed in the Senate. Senator REID presents his, at Senator time deficit overcome in the NCAA In my estimation, there have never ALLARD’s convenience when we have a Title game. been two teams that had such good break, we will include him as part of But this was not the first time the sportsmanship. The two coaches were the unanimous consent agreement. Wildcats had to make a rally in this of such high quality. In all their vic- The PRESIDING OFFICER. Without tournament. Down to Duke by 17 in the tories along the way, they com- objection, it is so ordered. Elite Eight and down by 10 points to plemented each other, and last night, The Senator from Nevada. Stanford in the National Semifinal, the even though one was a victor and one AMENDMENT NO. 2206 Wildcats did what we’ve become accus- was the vanquished, they both talked (Purpose: To express the Sense of the Senate tomed to in Kentucky. They turned up as if they had won. It was very good that the landowner incentive program in- the defense, they hit the offensive performance and set a good standard cluded in the Endangered Species Recovery boards and they hit the ‘‘threes’’ when for sportsmanship. Act should be financed from a dedicated they counted. f source of funding and that public lands And they did it on a team that can should not be sold to fund the landowner best be described as a celestial body—a CONGRESSIONAL BUDGET FOR incentive program of the Endangered Spe- team with no individual stars. As THE UNITED STATES GOVERN- cies Recovery Act) Washington Post sportswriter Michael MENT FOR FISCAL YEARS 1999, Mr. REID. I send an amendment to Wilbon noted this morning, ‘‘This is 2000, 2001, 2002 AND 2003 the desk and ask for its immediate con- one of the few Kentucky basketball The Senate continued with consider- sideration. teams that is completely without a ation of the concurrent resolution. The PRESIDING OFFICER. If there star player. But Coach Tubby Smith Mr. GORTON. Mr. President, we are is no objection, the pending amend- convinced the players many games ago operating under a unanimous consent ment will be set aside. they don’t need one.’’ agreement under which the next two The clerk will report. The legislative clerk read as follows: This is a team with three seniors as amendments are to be proposed by Sen- The Senator from Nevada (Mr. REID), for tri-captains who have all sacrificed: ator CONRAD of North Dakota and Sen- Cameron Mills, a player who’ll be long himself and Mr. BRYAN, proposes an amend- ator COVERDELL of Georgia. Neither of ment numbered 2206. remembered for his clutch three-point- them is here. We do have two Senators ers, came to the team as a walk-on here who are ready to offer amend- Mr. REID. I ask unanimous consent that reading of the amendment be dis- after passing up scholarships to play at ments, Senator REID of Nevada and pensed with. other schools; Allen Edwards, a three- Senator ALLARD of Colorado. position player fighting on after the I ask unanimous consent now that we The PRESIDING OFFICER. Without objection, it is so ordered. loss of his mother; and Jeff Sheppard, a hear first from Senator REID and then The amendment is as follows: red shirted player last year who be- from Senator ALLARD, warn the other came this year’s Most Valuable Player two Senators that this will take per- At the appropriate place insert the follow- ing: in the Tournament. haps half an hour combined, something Of course all of this would not have of that sort, and they will come after SEC. . SENSE OF THE SENATE ON OBJECTION TO been possible without the guidance and THE USE OF THE SALE OF PUBLIC that. LANDS TO FUND CERTAIN PRO- steady hand of Coach Tubby Smith, a Mr. LAUTENBERG. If I may, in my GRAMS. man filling the shoes of a coach who discussion with Senator REID of Ne- (a) FINDINGS.—The Senate finds that the became a legend in Kentucky over a vada, he believed about 15 to 20 min- Budget Committee Report accompanying few short years, Rick Pitino. utes would be his maximum require- this resolution assumes that the landowner Today in Kentucky they’re talking incentive program of the Endangered Species ment, and I spoke to the Senator from about a man who led this team to the Recovery Act would be funded ‘‘from the Colorado, Mr. ALLARD. He also talked Championship and has shown, as a gross receipts realized in the sales of excess about the possibility of a matching 20 local paper noted, that ‘‘skill, intel- BLM land, provided that BLM has sufficient minutes. So in the unanimous consent administrative funds to conduct such sales.’’ ligence and a self-effacing gentlemanli- agreement, why don’t we do that, rec- (b) SENSE OF THE SENATE.—It is the Sense ness are enough to win games—and ognizing that one Senator may not be of the Senate that the functional totals un- hearts.’’ Tubby Smith has shown us available to do his immediately, and as derlying this resolution assume that: that nice guys do, indeed, finish first. (1) the landowner incentive program in- such, would the Senator from Colorado For all the players, the coaches, the cluded in the Endangered Species Recovery managers—and anyone else associated be willing to do his when there is a Act should be financed from a dedicated with the team—let me say congratula- break in the schedule? source of funding; and Mr. ALLARD. I am more than glad to tions on a job well done, and please (2) public lands should not be sold to fund work with the floor managers on this. the landowner incentive program of the En- know there are thousands of Kentuck- I am set to preside over the Senate dangered Species Recovery Act. ians who are very proud of you. Mr. President, I might say that of until 8 o’clock. I have to set up some Mr. REID. I ask unanimous consent the three times the Tennessee women charts and I am ready to go. I can be that Senator BRYAN be added as a co- will have been at the White House to be flexible, and any Member who thinks sponsor of this amendment. honored, Kentucky will have been they want to go ahead and make com- The PRESIDING OFFICER. Without there two of those, and they had to go ments, it is all right with me. objection, it is so ordered. into overtime to lose the third one. I I just was hoping I could get to go Mr. REID. Mr. President, this amend- think we have an outstanding group of this evening. If there was nobody else ment is important because I think people. that was willing to go, I was ready to what we are doing here is setting some I ask for approval of the resolution. go so we wouldn’t lose time. very important public policy. That The PRESIDING OFFICER. The Mr. GORTON. This sounds like a gen- public policy is that we should not auc- question is on agreeing to the resolu- erous offer. I will ask now that Senator tion off Federal land to take care of tion. REID of Nevada be recognized to offer the Endangered Species Act. The resolution (S. Res. 204) was an amendment in spite of the existing In short, this sense-of-the-Senate res- agreed to. unanimous consent agreement, and olution I have presented to the Senate The preamble was agreed to. then when he is done, we will see who deals with the budget resolution and Mr. FORD. I move to reconsider the is here and perhaps be able to accom- its report concerning the sale of excess vote. modate Senator ALLARD. public lands. The provision in question March 31, 1998 CONGRESSIONAL RECORD — SENATE S2829 calls for financing of certain landowner city in all of Nevada; in fact, one of the cluded in this resolution funds these incentive programs through the sale of most rapidly growing communities in important programs only for limited excess BLM land. What this means, in all of America. times and only for the one-time reve- layman’s language, is that the Envi- Now, the reason it has been allowed nue scheme. As a matter of public pol- ronment and Public Works Committee to grow is because we have added Fed- icy, this doesn’t make sense. The de- came up with an endangered species re- eral land to the land base of the city of mand to participate in the program authorization compromise. It came out Henderson. It has had a very orderly and additional obligation to maintain of the committee by a vote of 16–3 and growth. We have some planned commu- incentives over time is going to create received bipartisan support in the com- nities. One of the most important a tremendous pressure to sell addi- mittee. planned communities anywhere in the tional public lands. The problems that have arisen since country is a place called Green Valley. That isn’t how we should get rid of we reported that bill are relatively It is a beautiful community. Mr. Presi- public lands, how we should get public minor in nature. However, one of the dent, that has been done in an orderly lands into the private sector. We problems that has been talked about is fashion. It hasn’t been forced upon any- should not do it on a forced sale. It some permanent means of financing one. It wasn’t done at auction. That, in should be done in an orderly process, the programs in the new Endangered effect, is what we are talking about certainly not an auction so that we Species Act. I support the new Endan- here. They are public lands that belong need money this year because we have gered Species Act, but I know that to the public for their enjoyment. three endangered species listed in Flor- there must be some form of financing Not only has Henderson received the ida, two in Colorado, one in Nevada, for that. I am convinced this is not the benefit of public lands, but other places and three in Hawaii. That isn’t the way way to finance it. As someone who has throughout the State of Nevada, like it should be. been involved in the negotiations on Mesquite, Carlin, NV. We could go on To show you how disingenuous those the reauthorization of the Endangered with many other examples. These are who are pushing this proposal are, the Species Act, I am aware of the need to public lands and they belong to the Bureau of Land Management sells an provide a dedicated source of funding public for their enjoyment. average of 5,000 acres per year for for these programs. These programs as- Are we going to auction off all the about $2.5 million. It is interesting to sist private landowners in carrying out nice places in Nevada and then only note that Congress Daily quotes an the purpose, the intention, the aim of people of wealth who can buy those unnamed BLM official as saying the the Endangered Species Act. That is lands will be able to use those nice Budget Committee estimates $350 mil- basically protection and recovery of places in Nevada? I hope not. That is in lion revenue from this proposal. Ab- threatened and endangered species. effect what they are doing here. They surd. It is impossible. I am supportive of providing the are mandating in this budget resolu- Mr. President, there are a number of landowners with incentive for tion the sale of public lands to meet appropriate justifications for disposal proactive efforts to conserve endan- the needs of the Endangered Species of public lands. I have talked about the gered species. However, the Federal Act. Mandating the sale and using the city of Henderson, the city of Carlin, Government’s responsibility in assist- proceeds to fund programs outside the the city of Mesquite, and other places ing landowners carrying out this act State where the land is would be pat- in Nevada. I have also worked closely should not be borne by Western States, ently unfair. and principally one Western State, at This body should reject this mis- with Senator BRYAN and my two col- this time because the real estate mar- guided proposal and support this leagues from the House on the Nevada ket is so hot in the southern Nevada amendment. It is surprising to me that Public Lands Act, which provides for area. This responsibility should not be any Western Senator could support the the disposal of certain public lands in borne basically by one State. The En- underlying provision in this budget res- Nevada—a good piece of legislation. We dangered Species Act covers the whole olution saying we are going to auction are going to have a hearing in May on country. In that it does cover the off Federal lands the purpose of which this matter before the committee of whole country, the whole country is to carry out the intent of the Endan- the senior Senator from Alaska, who is should be involved in solving the de- gered Species Act. Apart from the re- the chairman of the committee. We tails of it, especially the financing. It gional States’ specific bias, the amend- have confidence that he will report is not fair that States like Colorado, ment should also be rejected on envi- that bill out favorably and that it will Arizona, Idaho, Nevada, and New Mex- ronmental grounds. This will be one of pass. ico be the cash cow for the Endangered the key environmental votes of this Now, why in the world would they— Species Act. Congress, or any Congress. whoever ‘‘they’’ are pushing this budg- The Endangered Species Act and re- Opponents of this provision in the et resolution—want to undermine quirements apply to all 50 States. It is budget resolution are Friends of the something that is working well? We a national Federal law because, Mr. Earth, American Oceans Campaign, have general support from the commit- President, there is a national Federal Center for Marine Conservation, De- tee—I spoke to the chairman myself— interest in the protection and con- fenders of Wildlife Earthjustice Legal on the Nevada Public Lands Act. And servation of endangered species. We Defense Fund, Environmental Defense it applies not only to Nevada, but to shouldn’t turn our Federal lands into a Fund, Grassroots Environmental Effec- the entire West. It would allow lands to land bank that finances this important tiveness Network, Izaak Walton be auctioned, and those moneys would act. League of America, National Audubon stay in the State from where the land I understand the importance of Fed- Society, National Wildlife Federation, is sold for environmental concerns. eral land. The State of Nevada is 87 Natural Resource Defense Council, There may be a special piece of land percent owned by the Federal Govern- Trout Unlimited, U.S. Public Interest that the Federal Government wants. ment. I repeat, 87 percent of the State Research Group, Western Ancient For- There may be some things that the of Nevada is owned by the Federal Gov- est Campaign, the Wilderness Society, Federal Government needs, and auc- ernment; 13 percent of that land is the World Wildlife Fund, and many tioning off these lands would allow owned by private parties. We want to others. them to do that. get more of that land in the public sec- The League of Conservation Voters is For example, we have a number of tor into the private sector, but we want looking at this very closely, I am told, things in the State of Nevada for which to do it in an orderly fashion, and we as they should. the Federal Government wants these have done that in the soon-to-be second We have worked closely with these lands. They do not want the land to be largest city in Nevada. Henderson, NV, groups over the past years in coming subdivided. It is a special place to be is the place where I went to high up with the Endangered Species Act. used for a park or recreational pur- school. At that time, it was a commu- One of their strongest concerns in this poses. So these lands would be auc- nity of about 10,000 people. It is now period of time is to ensure that we put tioned off, and you could purchase that approaching 200,000 people and growing in place a long-term mechanism to fi- land to put it in the public sector or very rapidly—the most rapidly growing nance these programs. The proposal in- the private sector. S2830 CONGRESSIONAL RECORD — SENATE March 31, 1998 So I think it is important that some There being no objection, the mate- Director, Grassroots of the lands we identified in our legis- rial was ordered to be printed in the Environmental Ef- lation—the Nevada Public Lands Act— Record, as follows: fectiveness Network. would, of course, be used now for this JIM MOSHER, MARCH 30, 1998. Conservation Director, DEAR SENATOR: We are writing to express legislation, the budget resolution. That Izaak Walton our concern over a proposal described in the is not the way it should be. I am very League of America. Senate Budget Resolution to use the pro- concerned. I have worked long and hard MARY MINETTE, ceeds from the sale of public lands under the on the Endangered Species Act, but I Director, Endangered Interior Department’s Bureau of Land Man- Species Campaign, am not about to be part of an Endan- agement (BLM) to fund the private land- National Audubon gered Species Act if it has this as a owner incentive programs of S. 1180. source of funding. I think there is prob- In general, we are supportive of providing Society. ably some concern about why this is private landowners with incentives for SARA BARTH, Legislative Represent- put in the budget resolution. I guess it proactive efforts to conserve endangered spe- cies and would like them funded through sus- ative, Endangered is kind of like a fire auction. You get Species, National the best you can with what you have. I tainable, long-term revenue mechanisms. However, under the proposal being devel- Wildlife Federation. think what they have in this instance oped, the landowner incentives programs in PHILIP M. PITTMAN, is a hot real estate market in the State S. 1180 would be funded presumably only for Policy Analyst, Natu- of Nevada, southern Nevada particu- a limited time from a one-time revenue ral Resource Defense larly, and they are going to sell this scheme. Thereafter, additional revenues Council. land as quickly as they can. I think would need to be generated to continue fund- STEVE MOYER, Vice President of Con- that is wrong. The amount of public ing of these programs. The demand to par- ticipate in this program, and the obligation servation Programs, lands in Las Vegas would be the only Trout Unlimited. likely source today of a significant to maintain the incentives over time, could create pressure to sell additional public land KIM DELFINO, amount of money to fund these pro- if other, more acceptable, revenue sources Staff Attorney, U.S. posed programs. Tomorrow, it may be were not identified. We believe a more sus- Public Interest Re- the outskirts of Denver. Next year, it tained funding mechanism is needed. search Group. may be the outskirts of Albuquerque. In addition to failing to establish a reliable JIM JONTZ, These would be places they would go to source of funding, the proposal would set an Executive Director, Western Ancient raise as much money as they could as unacceptable precedent regarding the sale of public lands. Our public lands are an integral Forest Campaign. quickly as they can—fire sales to fund FRAN HUNT, the Endangered Species Act. Funds part of America’s national heritage, and we strongly oppose the sell-off of such impor- Director, BLM Pro- would then be made available for in- tant assets. Disposing of public lands may be gram, Wilderness So- centives throughout the country, not appropriate when the planning process con- ciety. just in Nevada. This is a conflict with cludes it is in the public interest to exchange CHRISTOPHER E. WILLIAMS, the legislation that I have talked about or sell certain parcels. In such cases, the Director, Endangered earlier that is now before the Energy lands could be exchanged for—or revenues Species Policy and Chihuahuan Desert Committee. The resolution puts in dedicated to—acquisition and permanent protection of lands that contain important Conservation, World place a public lands disposal policy Wildlife Fund. that is entirely driven by the need to natural habitats and/or resources. However, the need for revenues should not drive the sell excess lands. But unlike the meri- decision-making on disposal of public lands. SIERRA CLUB, torious programs they will fund, which That is exactly the wrong reason to sell off Washington, DC, March 31, 1998. DEAR SENATOR: On behalf of Sierra Club’s are temporary, the disposal of public public lands. From a policy and budget per- over half million members, I am writing to spective, it is not appropriate to tie the per- lands is permanent. convey our opposition to a provision cur- manent disposal of taxpayer-owned property Mr. President, I have said that this rently in the Senate Budget Resolution to temporary measures for endangered spe- which assumes the sale of Bureau of Land proposal is a poison pill. I believe it is cies. Management land in order to fund landowner intended to kill reauthorization of the While we support efforts to find the nec- Endangered Species Act. We have been incentives for endangered species programs. essary resources to fund the protection of en- While land exchanges may be appropriate negotiating the reauthorization of this dangered species, we believe this proposal for some federal lands if they have little pub- monumental act for 2 years or more, creates serious problems and we will oppose lic, ecological, or wildlife value, these ex- along with Senators BAUCUS, CHAFEE, it. changes should result in the acquisition and Sincerely, KEMPTHORNE, and the administration. permanent protection of the scarce remain- GAWAIN KRIPKE, We sought to secure a dedicated source ing lands that do have these values. This Director, Appropria- proposal would set a dangerous precedent re- of funding for these private land pro- tions Project, grams. This is not it. While I can’t garding the management of our federal pub- Friends of the lic lands and the amount and quality of pub- speak for the administration, I repeat Earth. lic land available to future generations of that we were never consulted on this TED MORTON, Americans. The Sierra Club is firmly op- proposal. Frankly, I don’t like it. I Program Counsel, posed to the selling off of these important think it is a poison pill. If our amend- American Oceans assets. ment is defeated, as far as I am con- Campaign. Sierra Club is generally supportive of pro- WM. ROBERT IRVIN, viding small, private landowners with incen- cerned, it is the death of the Endan- Vice President for Ma- gered Species Act. I could not agree to tives for proactive conservation measures, rine Wildlife, Con- but such measures should be funded through supporting a bill which so unfairly ex- servation and Gen- sustainable means. The mechanism proposed ploits the value of Nevada public lands eral Counsel, Center in the Senate Budget Resolution is problem- and undermines the legislation. It has for Marine Con- atic because it fails to establish a reliable been more than a year in the making, servation. source of funding. Under the Proposal, fund- the Nevada Public Lands Act. MICHAEL SENATORE, ing for landowner incentives would likely Legislative Counsel, come from the one-time sale of BLM lands. Mr. President, I would like to make Defenders of Wild- This would not provide a sound funding pro- part of the RECORD a letter from the life. gram for landowner incentives, and would group of environmental concerns, in- HEATHER WEINER, create pressure to sell off additional public cluding Friends of the Earth, American Policy Analyst, lands. Oceans Campaign, and others, dated Earthjustice Legal Some in Congress support the outright March 30, 1998. I ask unanimous con- Defense Fund ‘‘disposal’’ of our public lands. The budget sent that this letter be printed in the MICHAEL J. BEAN, bill should under no circumstances be used Director, Wildlife Pro- as a backdoor mechanism to achieve this RECORD, along with a letter dated gram, Environ- controversial goal. March 31 from the Sierra Club dealing mental Defense Later this week, a Sense of the Senate with this subject, and a letter from the Fund. amendment will likely be offered by Senator League of Conservation Voters. ROGER FEATHERSTONE, HARRY REID and DALE BUMPERS in opposition March 31, 1998 CONGRESSIONAL RECORD — SENATE S2831 to this provision. We strongly urge you to Lautenberg’s amendment would allow. LCV’s panded health research into the dis- support this amendment and protect our fed- Political Advisory Committee will consider eases caused by tobacco addiction and eral public lands from this precedent setting including votes on S. Con. Res. 86 in compil- tobacco use. provision. In addition, we urge you to refer ing LCV’s 1998 Scorecard. Thank you for your to our previously delivered coalition letter consideration of this issue. If you need more The resolution from our friends on in support Senator Frank Lautenberg’s information please call Paul Brotherton in the other side of the aisle says no to all amendment to provide adequate funding for my office at (202) 785–8683. of those other priorities. It says there environmental protection programs. .. Sincerely, is only one priority. It says all of the Sincerely, DEB CALLAHAN, DEBBIE SEASE, President. money should go for only one purpose. Legislative Director. Mr. REID. Mr. President, as I have Mr. President, that is just a mistake. If indicated earlier in my presentation, I we look at all of the comprehensive LEAGUE OF CONSERVATION VOTERS, think that Senator BUMPERS, at a sub- bills that have been introduced in this March 30, 1998. sequent time, would like to come speak Chamber by Republicans and Demo- Re Senate Concurrent Resolution 86. sup- crats, every single one of those com- porting the Latenberg amendment to on this. His not being here today does fund environment and national resource not waive his ability to come. prehensive bills provides funding for protection. I yield the floor. matters other than just Medicare. Mr. LAUTENBERG. Mr. President, if They provide money for smoking ces- U.S. Senate, the distinguished Senator from North Washington, DC. sation, for smoking prevention, for DEAR SENATOR, the League of Conservation Dakota is ready, we just heard from counter-tobacco advertising, for ex- Voters is the bipartisan, political arm of the the Senator from Nevada; he put his panded FDA regulatory authority, for national environmental movement. Each amendment in. Further action will increased health research into the year, LCV publishes the National Environ- occur at the appropriate time. mental Scorecard, which details the voting I would like now to ask our colleague problems caused by the addiction and records of Members of Congress on environ- from North Dakota to present an disease brought on by the use of to- mental legislation. The Scorecard is distrib- amendment he has been waiting for. bacco products. uted to LCV members, concerned voters na- AMENDMENT NO. 2174 I brought this chart that compares tionwide and the press. Last year’s balanced budget agreement Mr. CONRAD. Mr. President, I rise to reality to rhetoric. If we look at the contemplated decreasing spending every speak on the amendment on behalf of policy goals in all of the comprehen- year until at least 2003 for natural resources myself; Senator LAUTENBERG, the rank- sive bills that have been introduced in and environmental programs. The American ing member on the Budget Committee; this Chamber, bills by three Repub- public has made clear that clean water, our Senator BINGAMAN of New Mexico; and public lands, fisheries and wildlife manage- lican chairmen—Senator MCCAIN, Senator REED of Rhode Island. chairman of the Commerce Committee; ment, and other environmental programs re- Mr. President, this amendment will Senator HATCH, chairman of the Judi- quire a higher priority than was reflected in address one of the problems with the this agreement. ciary Committee; and also Senator budget resolution that was passed out During consideration of the Budget Resolu- LUGAR, chairman of the Agriculture tion, S. Con. Res. 86, LCV urges you to sup- of the Senate Budget Committee. The port an amendment by Senator Lautenberg Senate budget resolution says that if Committee—all of those bills provide (D–NJ) that would restore funding for criti- any tobacco revenues are forthcoming for funding for these other priorities. cal environment and natural resource pro- as a result of a conclusion to the to- In addition to my own bill, the grams that were proposed in the President’s bacco controversy, that money can HEALTHY Kids Act, Senator LAUTEN- budget but omitted from the Resolution. only be used for the Medicare Program. BERG’s bill and Senator KENNEDY’s bill, This amendment would address the following I would be the first to acknowledge all of them use tobacco revenue for crucial environmental initiatives: The Clean Water Action Plan which will the critical importance of Medicare anti-youth-smoking-education initia- provide increased resources to states, tribes and to say that some of the tobacco tives—every single one of them, Repub- and individuals in order to address polluted revenues ought to go for that purpose. licans and Democrats, provide for using runoff from urban areas, agriculture, mining In fact, the measure that I have intro- some of the funds for that purpose. The and other sources. duced, which has 32 cosponsors in the Republican budget alternative avail- A continuation of funding for the Drinking U.S. Senate, provides for some of the Water and Clean Water State Revolving able on the floor says no money for Loan Funds which will help to ensure that funds to go to strengthen the Medicare that purpose. All of the bills, Repub- our drinking water and wastewater treat- Program. But there are other impor- licans’ and Democrats’, that have been ment infrastructure can meet water quality tant priorities as well. Under the budg- introduced on the floor, use some of and public health needs for the next century. et resolution passed by the Republican the tobacco revenue for public service The Land, Water and Facility Restoration majority in the Budget Committee, advertising to counter the industry’s Initiative, which provides increased funding none of the funds can go for other pur- targeting of our kids. But the Repub- for ‘‘Safe Visits to Public Lands’’ and ‘‘Sup- poses to address the tobacco challenge porting the Land and Water Conservation facing our country. In fact, none of the lican budget that is before the Senate Fund Vision’’. says no money can be used for counter- An increase in funding to continue funds that could come from a resolu- progress in cleanups at Superfund sites tion of the tobacco issue could be used tobacco advertising. around the nation, where many communities for smoking cessation, smoking pre- Mr. President, all of the major bills have been waiting for over a decade to have vention, counter-tobacco-advertising that have been introduced say use toxic and hazardous sites restored to safety. programs, to expand health research on some of the tobacco revenue to fund to- In addition, LCV urges you to support any tobacco-related issues, to provide for amendments to address the following: bacco-related medical research. That We understand that an amendment may be additional funding for FDA increased just makes common sense. But the Re- offered to reduce or eliminate the existing regulatory authority over the tobacco publican budget alternative says not tax subsidy for mining on public and par- industry. one dime from a resolution of the to- ented lands—known as the percentage deple- That just seems to be a serious mis- bacco controversy can be used for that tion allowance. take. Every single expert that came be- purpose. What sense does that make? The Budget Resolution assumes that land- fore our task force on the tobacco leg- All of the major bills that have been owner incentives programs for endangered islation said that if you are going to be species would be funded from the proceeds of introduced by Republicans and Demo- the sale of public lands under the Interior serious about protecting the public health, if you are going to be serious crats say some of the tobacco revenue Department’s Bureau of Land Management. should be used to fund smoking ces- This proposal would set an unacceptable about reducing youth smoking, you precedent regarding the sale of public lands need a comprehensive plan, a plan that sation programs. The Republican budg- and would fail to provide a sustainable, long- raises prices to deter youth from tak- et says no. The Republican budget says term revenue mechanism for endangered spe- ing up the habit; you need to have not one penny out of the tobacco reve- cies protection. smoking cessation and smoking pre- nues for the purpose of funding smok- America’s land, water, fish, wildlife and ing-cessation programs. What sense plants are irreplaceable natural assets that vention programs; you need to have belong to, and benefit our entire nation: counter-tobacco advertising. You also does that make? All of the major bills their protection and stewardship warrant the need to expand FDA’s regulatory au- say use part of the tobacco revenue to modest increase in funding that Senator thority. And, yes, you should have ex- assist tobacco farmers. S2832 CONGRESSIONAL RECORD — SENATE March 31, 1998 The Republican budget resolution farmers, or for the purpose of smoking The PRESIDING OFFICER. The Sen- says no; not one dime to ease the tran- cessation, smoking prevention, health ator from Rhode Island may proceed. sition for tobacco farmers that would research, or countertobacco advertis- Mr. REED. Thank you, Mr. Presi- result from the passage of tobacco leg- ing—no tobacco revenues to be used for dent. islation. that purpose. I strongly support the amendment Mr. President, the Republican budget Mr. President, it just doesn’t make proposed by Senator CONRAD, Senator resolution would hold every com- sense. Yes, we provide that the funds LAUTENBERG, and my colleagues. The prehensive tobacco bill that has been which would be set aside taken from budget resolution before us today does introduced by Republicans or Demo- the tobacco revenues could also be used not give us a fighting chance to do crats to be out of order on the floor of for expanded health research. If there what we want to do, but more impor- the Senate—all of them. They would is one thing we have heard from the ex- tantly, what the American people want all be out of order under the Repub- perts, it is that we need to know more us to do. That is to reduce teenage lican budget resolution. What sense about the causes of the diseases which smoking in the United States. We does that make? flow from the addiction and the use of know it is a curse. We know it is caus- I submit that we can do better. We these tobacco products. ing incalculable pain throughout this should do better. We have the oppor- The National Institutes of Health country in terms of health problems tunity to respond by taking what is in need additional funding to look into down the road. But this budget resolution does not the Republican budget resolution with the cancers caused by the use of to- give us the tools to grapple with the respect to the funds that would be bacco products, to examine the heart issue of teen smoking. It is illogical, taken in, the revenue that might result problems caused by the use of tobacco too, as Senator CONRAD pointed out so if we are able to resolve the tobacco products, to examine the emphysema eloquently. All of the major legislative question, and, instead of only allowing which is caused by the use of tobacco initiatives have specific provisions those funds to be used for the Medicare products. We need to do more research which require anti-youth-smoking ef- Program, to broaden the use of those to understand the role of addiction in forts, increased research at the Na- funds to allow them to be spent in a causing the diseases which flow from tional Institutes of Health, FDA regu- way the American people want to see the use of tobacco products. But the latory authority, State regulatory au- them spent, and the way every bill budget resolution which is before us thority, and none of these can be fund- which is comprehensive which has been says no; not one thin dime for any of ed from the budget resolution. introduced by Republicans or Demo- those purposes out of tobacco revenue. But there is something that is even crats provides. It is in my amendment; That contradicts every single public more illogical, in my view. I do not that is, not only should the money go health organization and every single want to take a brief for the tobacco in- for Medicare; yes, some of the money public health leader in America. Dr. dustry. But with every one of these should go for that purpose; but some of Koop and Dr. Kessler have pleaded with major pieces of legislation for the to- the money should go for public health us: If you are going to have an effective bacco industry, you must reduce teen efforts to reduce the use of tobacco program of protecting the public smoking by 50 percent, 60 percent, or 70 products by children, including tobacco health, if you are going to have an ef- percent in so many years. Yet, if we control, education, and prevention pro- fective program to reduce use of smok- take all of the proceeds from the in- grams, counteradvertising, research, ing, you have to have a comprehensive creased tobacco taxes and all the other and smoking cessation. plan; you have to have one which ad- payments and we don’t use them in Every expert who came before our dresses every one of these aspects. You some way to try to suppress teen task force—we heard from over 100 wit- can’t just limit it to Medicare. smoking through counteradvertising nesses—said you have to have a com- Yes, Medicare is very important. campaigns, to try to get people who are prehensive plan, you have to do some There is no question about it. Our leg- addicted to nicotine over the addiction, or all of these things, if you are going islation would provide some of the there is no way that these goals can be to be successful at protecting the pub- funding for Medicare. Our legislation met. We are setting up a test that is lic health; you have to do some or all would provide some of the funding for bound to fail. We have to recognize of these things if you are really going Social Security, which the Republican that if we are serious about mandating to be successful at reducing youth budget resolution also precludes. They the reduction of teen smoking by sig- smoking. wouldn’t provide a penny to strengthen nificant percentages over the next sev- We should also provide the chance, at Social Security. They oppose providing eral years, we have to provide the re- least for comprehensive tobacco legis- any help to Social Security, even sources to do that job. This budget res- lation, to provide assistance for to- though we know it faces a demographic olution does not make such a provi- bacco farmers. The budget resolution time bomb, the same demographic time sion. It does not allow us to take the before us says no; no help for tobacco bomb that Medicare faces. But they proceeds of whatever tobacco deal is farmers. Not only are we not going to say no for any money to strengthen ultimately reached and use those pro- have any money from tobacco revenues and protect Social Security. And they ceeds to invest in a healthier America, for smoking cessation, for smoking say no to any funding for smoking pre- to invest in the health of our children. prevention, or for health research, we vention, smoking cessation, All of these provisions, which Sen- have no money to assist tobacco farm- countertobacco advertising, and addi- ator CONRAD has outlined, are so abso- ers and their communities. tional health research out of the to- lutely necessary in making any pro- We also provide increased funding, or bacco revenues. It does not make sense. posed agreement work, and also, fun- at least the chance for increased fund- Mr. President, I am going to turn damentally, to ensure that we reduce ing, for the Food and Drug Administra- now to my colleagues, my leading co- teen smoking, we have to adopt a very tion, which, under virtually every bill sponsor, Senator LAUTENBERG, the strong anti-youth-smoking effort. The that is out here, would be asked to ranking member of the Budget Com- principal means to do that is a take on a greater role and more respon- mittee, and Senator REED of Rhode Is- counteradvertising campaign. Every sibility. If they are going to be given land, who is here as well. I don’t year, the tobacco industry spends $5 more obligations, they ought to be know—Senator REED has been wait- billion on advertising, billboards, given the funding to match those obli- ing—if he would like to comment now, sporting events, teams, sponsorships, gations. They ought to be told yes, or if Senator LAUTENBERG would like giveaways—hats, jackets, whatever, those additional resources to regulate to take this opportunity. key chains—a powerful influence on the tobacco product will be provided. The PRESIDING OFFICER. The Sen- the youth of America. In fact, all of us Virtually every bill that has been in- ator from New Jersey. can think back through our sort of his- troduced here by Republicans and Mr. LAUTENBERG. Mr. President, I tory, and, even if we do not smoke, we Democrats says that is an appropriate ask how much time the Senator from know we have been terribly influenced outcome. The Republican budget reso- Rhode Island would need. by tobacco advertising campaigns. lution says no—not one thin dime for I yield up to 10 minutes to the Sen- I was on the floor a few weeks ago that purpose, or for the purpose of the ator from Rhode Island. talking about the legislation which I March 31, 1998 CONGRESSIONAL RECORD — SENATE S2833 had, and it came to me that if I asked possibility, or the probability, the the American people but the coopera- anyone who is roughly my age—I will eventuality, of a black market in ciga- tion, to a degree at least, of the indus- be kind, about 40—if I asked them what rettes because the price is going up. try, to ensure that we prevent young LSMFT meant, the light bulb would go How are we going to counteract this people from smoking. right on. If I ask these young ladies black market if we do not have the re- The fear is we will have debates on and gentleman, they would say it is sources at the State level and the FDA this floor about all of these legislative gibberish. I see the shake of the head. level and through other law enforce- materials and all of the different as- They do not know. LSMFT means ment means to actually counteract the pects of the proposed agreements, but, ‘‘Lucky Strike Means Fine Tobacco.’’ potential growth of black markets? ultimately, when it comes down to the Through literally millions of dollars of Once again, I don’t see within this bottom line, when we have to put our advertising over 20 or 30 years, a whole budget resolution those types of re- money where our words are, there will generation, or more, of Americans un- sources being available. be no money because this resolution derstood that. We have to reverse that. We also have to fund smoking ces- takes that option off the table for us. We have to convince a whole genera- sation programs. Mr. President, 70 per- So I hope all of my colleagues will join tion of Americans now and in the fu- cent of smokers today want to quit. us in supporting this amendment, will ture that tobacco is dangerous, addict- But wanting to quit and being able to join us in the continued effort to en- ive, and will ultimately kill them. We beat this addiction are two different sure that we have good, tough tobacco can’t do it just with good wishes here things. They cannot do it without re- legislation, but legislation that not on the floor of the Senate; we have to sources—without access to counsel, only will say the right things but have do it with real resources. This budget without access to nicotine patches, the money and resources to do the resolution will not give us a chance to without access to those items which right things. do that. are going to ensure that they can avoid My colleague from New Jersey, I We have to look seriously at NIH re- their present dilemma, which is smok- think, is going to speak in a moment. search, because there are opportunities ing but wanting desperately to quit. I think he is present. While he is com- perhaps to develop antidotes to nico- Then, as Senator CONRAD also point- ing forward, let me just say that we tine, to the harmful effects of tobacco ed out, every one of these pieces of leg- have before us a very challenging set of smoke. There are ways through science islation includes substantial payments issues. This is a critical one, getting and research. We might have better to farmers who are likely to lose their this budget resolution in a shape where ways to wean individuals off tobacco valuable crops because tobacco is going it will support sound legislation on the smoke. All of these things have to be to be suppressed in this country—not floor. There are other issues, too, that done if we are going to meet our objec- prohibited, not outlawed—but cer- will come up before us. tive of using this historic opportunity, tainly we hope the demand will begin Many aspects of this proposed settle- this historic agreement, to improve the to shrink for tobacco products as fewer ment are controversial, not only be- public health of Americans. people smoke, particularly fewer young tween the two contesting parties, the We also have to ensure that the FDA people smoke. Every one of these bills tobacco industry and those who are has the resources to do the job of en- has it. Both sides of this aisle are trying to protect the public health, but forcing on the tobacco industry. We trumpeting their support for the farm- also controversial by their nature. I know every year it is a battle here er. They are not going to let these in- talked a little bit about the need for through the appropriations process to nocent victims of this industry be left adequate resources to fund smoking fund worthwhile programs for the FDA. adrift without any resources, cut off cessation advertisements that will ac- We know at the end of the day that from a lucrative economic crop and left tually go out and convince young peo- there are many worthwhile programs to their own devices. Yet, once again, ple not to smoke. That will become which just do not make the cut, not be- within the confines or context of this particularly crucial if some provisions cause they are bad but just because we resolution, there is no resource to do we have in the legislation are stricken run out of money long before the public the job. down because of the first amendment. health community runs out of problem. We have to do something. Frankly, As you realize, most of these legisla- If we do not provide within this resolu- this amendment makes so much sense. tive initiatives contain language which tion for the use of the resources of the It allows for the funding of all of these essentially asks that the industry give tobacco industry to invest in FDA, we provisions. It allows for other impor- up their first amendment rights to ad- are not going to be able to give them tant uses of the tobacco settlement, vertise in exchange for immunity pro- the tools to do the job to make sure too. But at a minimum it allows us to tection. There is always the threat that smoking is not contagious among do what we have to do, and I am sup- that someone—perhaps not even in the young people. portive, not only of this effort but tobacco industry, perhaps a third Add to that our responsibility to help overall of developing strong and tough party, like convenience stores—would the States provide an important part of tobacco legislation. We have an oppor- come out and suggest that these re- this overall agreement. We expect—in tunity, a historic opportunity, for the strictions are contrary to the first fact, in most of the legislation it is first time in many, many years, to put amendment. In this regard, we would clearly explicitly written—that the America on the path of sense and san- really definitely, most definitively, States will fund elaborate programs of ity when it comes to smoking policy. need resources to keep up an effective access control to tobacco through li- We can, we hope, empower a genera- counteradvertising campaign. censes of clerks, thorough investiga- tion of young Americans with the So for these reasons and many oth- tions and inspections of facilities that knowledge and with the support to stop ers, we must, I think, support this are selling tobacco products, ensuring smoking. If we do that, we will reap a amendment, and we must, in fact, en- that products don’t mysteriously ap- tremendous benefit in a healthier sure that we have the dollars as well as pear in the State without these con- America and a healthier society. Yet, the legislative language to prevent trols. without these resources we cannot, in teen smoking. If we do that, then we All of that takes money, and the fact, go forward because this budget will achieve the historic conclusion to States are going to look to us and say, resolution does not give us the oppor- these debates. ‘‘Listen. You are the folks that have tunity and the flexibility to go ahead Mr. CONRAD addressed the Chair. all of the money. You are the ones that and do, again, not only what I want to The PRESIDING OFFICER. The Sen- are getting the $500 billion over so do, what I assume the vast majority of ator from North Dakota. many years from increased taxes and my colleagues want to do, but what our Mr. CONRAD. Mr. President, I thank increased fees and penalty payments. constituents demand that we do: Use the Senator from Rhode Island, Sen- We need this to ensure that we can these historic opportunities, when the ator REED. He has been one of the most control access to tobacco products.’’ industry has recognized its past mis- dedicated members on our task force One of the other aspects is thrown in takes, when the industry is attempting on tobacco. He has been absolutely our face constantly when we talk about to change its culture, when we have for committed to the effort to form sound this tobacco arrangement. That is the the first time the support not only of national tobacco policy. Nobody S2834 CONGRESSIONAL RECORD — SENATE March 31, 1998 worked harder in our task force. No- tions, deal with the tobacco companies, the wars of the 20th century, don’t body is more thoughtful, more creative and deal with our constituents and the equal the number that die each year as about how we approach this set of chal- public at large. The Democratic leader, a result of smoking. It is incredible lenges and problems than the Senator Senator DASCHLE, chose Senator when you think about it. from Rhode Island. I thank him person- CONRAD because he knew he could be We know there are over 400,000 deaths ally and publicly for the role that he counted on to do a thorough analysis, a year, most of them premature, often has played. bring the parties together, and cer- fatal after surgery—after surgery— If we ultimately succeed in passing tainly that has been the case. Senator lungs, throat, you name it, respiratory comprehensive national tobacco legis- CONRAD had people there who were conditions galore, gastrointestinal con- lation, in no small measure it will be friends of the industry, unabashedly. ditions. We found out not too long ago, because of the contribution of the Sen- They made sure the industry point of via the Harvard School of Public ator from Rhode Island, Senator REED. view was being represented. On the Health, that in addition to those who I especially thank him for his contribu- other hand, we had those from the we knew died from tobacco-developed tion to the debate on this amendment, science community, Dr. Koop and Dr. illnesses, that those who have exposure because I think this goes right to the Kessler, and people who had seen the to secondhand smoke, numbering over heart of the question. Are we going to effects of tobacco directly in their 50,000 persons a year, 50,000 persons a have a chance to write comprehensive homes and often on their own person. year have fatal heart attacks, fatal national tobacco legislation or are we So he has done a thorough job all the heart attacks from exposure to second- going to be foreclosed and that effort way through the discussions here. We hand smoke. endangered because the Republican have a chance now to finally come to We look at this and we say, ‘‘Well, budget resolution puts at risk any the beginning of the analysis of what what do we do about our arrangement chance of passing a comprehensive bill? might take place here in the Senate as with the companies?’’ They would create supermajority vote it regards a kind of comprehensive set- The first thing we have begun to find requirements to pass any comprehen- tlement. It is discouraging, I must say, out—and we are about to find out a lot more—is what they have hidden in sive tobacco bill. Instead of requiring at this point, to find out, despite the their planning over the years, their pa- 50 votes or 51 votes, we would have to good intentions of our friends on the pers over the years, their attempt to have supermajority votes of over 60 be- other side, that we wind up with a hide information from the public by cause they have created points of order budget resolution facing us that to- pretending that there is a client-attor- against any of the major bills that tally restricts our ability to work with the problem. The problem, very simply, ney relationship. have been introduced by Republicans The reason I mention these things is, is how do we protect young people— or Democrats. we have to understand who it is that This is a matter that must be fixed. kids, if I may use the affectionate ex- we are working with, that we are talk- This amendment that Senator LAUTEN- pression—kids, from starting to smoke ing to. This is an industry which has BERG EED when they are 8, 9, 10, 11 years old? We and Senator R and Senator been a foul-play industry for decades, INGAMAN had a boy, a young man, in front of our B and I have introduced is the knowing very well that addiction was key to unlocking the chance to have committee. I think he was 12, a young being created by the manipulation of national tobacco legislation. So I espe- man from Iowa, 12 years old. He was the nicotine, trying to grow plants cially thank my colleague from Rhode pleading for help to stop his addic- that have a higher nicotine content Island, Senator REED. tion—12 years old—because he didn’t that will addict quicker and firmer. Mr. REED. If the Senator will yield want his little brother to start smok- After a lot of discussion, after the at- 30 seconds, just to not only commend ing and be addicted to tobacco—12 torneys general of most of the States the Senator and thank him for his kind years old. He said he was already in the country have met and have fash- words, but also for his tremendous hooked and he tried to stop several ioned out what they think is a settle- leadership with respect to the tobacco times. ment—which we didn’t all fully agree task force and also to commend the I looked at him and I said, ‘‘My gosh, with, but they made a start, and I give senior Senator from New Jersey for his how can that happen that someone them credit—they began to lay out leadership over many years. I thank that age, still in the full bloom of de- what the parameters might be, an ar- both the Senators. velopment and growth, how could he be rangement which would have the com- The PRESIDING OFFICER. The Sen- hooked on tobacco?’’ He told it as it panies stepping up to help us develop a ator from New Jersey. was. He wasn’t a city slicker. He was a proper public health policy, because Mr. LAUTENBERG. Mr. President, I boy from—kind of country. He came in that is the primary mission. thank my colleagues for their kind with a member of the police depart- Money, in this case, while not unim- comments and would say, while this ment, as I remember, who was his portant, is certainly a secondary part looks like a mutual admiration soci- friend and kind of counselor. of the discussion, because with that ety, we kind of get that way because We have lost the mission, I think, by money what we want to do is stop kids we work on an issue we care an awful directing the language so that we are from smoking. We want to teach people lot about, something with which sev- hamstrung. We are unable to say to the how to stop even after they have begun eral of us have had a history for a long country at large that what we want to smoking. We want to do some research. time. I particularly say what a delight do is we want to see that the tobacco We want to find out what that nicotine it is to work with our distinguished industry finally makes up for some of does to the body, to the lungs, to the Senator from North Dakota, Senator the terrible damage it has brought on digestive system—the whole thing. We CONRAD. He is always very thorough in our community, brought on our people. want to be able to stand up face to face his review of budget matters or what- We lose sight of that sometimes, the with the powerful tobacco industry and ever the subject is. He is on the Fi- damage, as we go through the debate, say, ‘‘Hey, listen; whatever you do, un- nance Committee. He has done a lot of because we talk about immunity from derstand that we are going to limit good work there and has earned the re- the suit, protection from litigation, your ability to get your message out to spect of all the people he works with talking about how we can cut a deal children and to other unsuspecting peo- because he is so thoughtful and so de- with the tobacco industry. I, frankly, ple, and we want you to pay for it, but liberate and so direct in the things he think it comes under the umbrella of we want you to work with us to help us sees and that he wants to work on. nonsense. develop these programs.’’ Senator CONRAD was designated as I don’t like to be casual with lan- We thought we were doing pretty chairman of the tobacco task force by guage. We are dealing with an industry well, because that proposed settlement our leader. It was a singular honor, be- that has taken a terrible toll on Amer- served as a springboard for other dis- cause what the minority leader wanted ica. To put it in some frame that cussions. It served as a springboard for to do was to pick someone whose objec- makes it quite clear, in all of the wars what else we might do, as the Presi- tivity could be counted on because we of the 20th century—World War II, dent so carefully and positively laid do have different views on how we World War I, Korea, Vietnam—the cas- out. We saw that there would be pro- ought to treat the tobacco negotia- ualties, those killed in combat in all grams as a result of an agreement with March 31, 1998 CONGRESSIONAL RECORD — SENATE S2835 the tobacco companies and to ask the In the next year, there are going to be Mr. LAUTENBERG. Long enough to public to join in and help pay for some specific recommendations on how to accomplish that objective. Anyway, we of the costs that tobacco renders on protect Medicare, how to create the are going to want to amend this, and I our society. There are guesstimates kind of solvency which will give us all hope we can get that done. That would that it goes from $30 billion, $40 billion some confidence that Medicare is going be a positive start. Think about it: a year, up to $100 billion a year when to be there as a program to use for all 3,000 young people a day start smoking; you talk about lost productivity and who reach 65. over 1 million a year. One-third of problems which arise for individuals We find out, however, despite the fact them will die prematurely, just as sure and families which go beyond just the that we want to see Medicare pro- as we are standing here, if we don’t treatment of the health problem. We tected, what has happened is the use of make significant changes in the way worked hard. funds has become so narrowed that we tobacco is understood in our society—1 Mr. President, we have just been can’t do the other programs; that we million kids a year. Wow, that is larger joined by the distinguished chairman are going to be unable to take the than some of our biggest cities. It is of the Budget Committee, who has be- money which was earned off the addic- certainly larger than a lot of the coun- come a friend over the years as we tion, off the habit that ruined so many tries that are on this globe. worked together and with whom we people’s health. Out of the 41 million It is time we reach out a helping had an unusually successful program people who are out there, we don’t hand and say, ‘‘OK, we are going to last year to get to a balanced budget, know how many are going to die pre- help you stop before you get started on to help continue the process begun by maturely, but we know a lot of them this addiction.’’ I hope our friends on President Clinton and his policy and are, and we know a lot of them will be the Republican side will join us. watch that deficit go down. We look wrestling with diseases which will It was interesting for me to see what forward to surpluses in the future, pos- render them unable to conduct their happened on two different occasions in sibly over $1 trillion in the next dec- lives in a normal fashion, and we are these last couple of weeks. One was ade. Think about what good we could not going to be able to use those funds this very day, when a senior Member of do with that money. for that. the Senate on the Republican side, the The President laid it out very care- Again, there is not a suggestion of Senator from New Hampshire, offered fully. It had to do with teen smoking anything underhanded— not at all, Mr. an amendment to say that there would programs, how we stop that from hap- President. I want to make sure that is be no protection for the tobacco com- pening, and all the things I just talked completely understood. It is a focus on panies, that they would have to face up about to improve health, prevent peo- what the programs are that we are to what the process is—whether it is ple from becoming addicts, which they going to be able to put into place as a the courts or negotiated settlements, are, over 41 million of them—addicts. It result of having those funds available. or what have you—and take their doesn’t sound pleasant, but that is the Our friends on the Republican side chances. It drew a lot of votes. I think truth. As a matter of fact, it is said in have decided you are not going to use there were 75 votes in favor of the some quarters that addiction to smok- it for any of those things; you are not Gregg amendment. ing is almost deeper and longer lasting going to use it for developing an appro- The other was an earlier time, when than it is with some of the illegal drugs priate health policy program; you are we were marking up the budget resolu- that we hear so much about in our soci- not going to be able to use it to stop tion, when we had six members of the ety. teen smoking. I know there are pro- Republican Party stand up with Demo- We were enthusiastic. I know I speak grams within the basic budget resolu- crats and confirm the fact that we for the Senator from North Dakota and tion to encourage that, but, Mr. Presi- think the $1.50 price per pack of ciga- I speak for myself, Senator REED, Sen- dent, those programs are financed to rettes put in place over 3 years at the ator DURBIN, and Senator BINGAMAN, the tune of $125 million a year. That is rate of 50 cents a year ought to move when I say we thought, ‘‘OK, we’re on the recommendation. My gosh, even ahead. a good track; we talked to our friends the tobacco companies, who hate to And that was the only amendment on the Republican side of the Budget admit they have done anything wrong, that had any bipartisan support—the Committee, and we worked to find a were willing to put $2 billion into the only amendment. It meant that some plan so that we could use whatever rev- anti-teen-smoking program. of our friends on the Republican side, enues developed effectively,’’ even as We find ourselves in the position just as we have heard in these Capitol we developed a good health policy, be- where we agree with the interests and Grounds, just could not say no. They cause that was outside the Budget the effort on behalf of the majority of had to say yes. They had to say yes, we Committee directly. But it did include the Budget Committee in developing a want to see a $1.50 per pack fee imposed the programs which would be consid- program, but we also find ourselves on cigarette use. ered as part of the budget resolution, saying, ‘‘Hey, wait a second, is this We are looking at a lot of money. We budget planning, for fiscal year 1999. going to help the tobacco companies in are looking at hundreds of millions of I don’t have to tell you how dis- some way? Is this going to hurt our dollars over the next 25 years. I make appointing it was to find out we were ability to attack the programs that we a plea for those who are going to be not at all going to be able to imple- so desperately need to do? Or is it just voting on this amendment tomorrow ment the policies we thought were a little bit of a disguise to say, ‘Well, sometime: Take a look at what it is positive—that we thought would pre- OK, what we are going to do is, we are you are doing. We understand the in- vent the kids from starting to smoke, going to support health programs very terests in Medicare, but we want you that we thought would help us counter narrowly’?’’ to share our concern that the place to advertising, that we thought would It is with regret that we talk about start in preventing disease from the help us with research, the NIH—to find that today. Mr. President, you have use of tobacco starts with kids, starts out that by design, certainly more seen the list that the Senator from with the youngest of them, starts with than by coincidence, what we were North Dakota has alongside him there: the most helpless of us, and join us in doing was restricting the use of any Reality versus rhetoric. We have some amending this budget resolution so funds which might derive from a fee— work to do. We have to try to amend that we can get a different kind of mes- we might even call it a user fee—from what it is that came out of the Budget sage out there. those who smoke, but a fee, an excise Committee. I am the ranking member. Mr. President, to reiterate I strongly tax—that it was going to be restricted I like working with Senator DOMENICI. support this amendment, which would to something we like, by the way. I hope he will like working with me expand the tobacco reserve fund to All of us want to see a more solvent when I am the chairman. But that is allow tobacco revenues to be used for Medicare, a stronger Medicare. The the way these things go, Mr. President. anti-tobacco efforts. President has confirmed his view of Sometimes what goes around comes This amendment, in effect, is a test what ought to be done, because he has around. of whether the Senate is serious about appointed a commission. They are Mr. DOMENICI. How long do you comprehensive tobacco legislation. If going to have a chance for deliberation. plan to be a Senator? we vote down this amendment, then S2836 CONGRESSIONAL RECORD — SENATE March 31, 1998 we’re saying ‘‘no’’ to tackling the issue Mr. DOMENICI. What is the status of very simple chart. You see that red of tobacco this year. time under the Budget Act on the line, and you see 2021. That red line is Senators on both sides of the aisle Conrad amendment? the Medicare hospitalization trust fund have various visions of how tobacco The PRESIDING OFFICER. The pro- balances at the end of each year. revenue should be spent. But there had ponents have 8 minutes remaining, and Now, you see, anything close to that been a bipartisan consensus that, at the opponents have 1 hour. zero line means that the balances are the very least, we should dedicate to- Mr. DOMENICI. I say to the Senator, pretty close—the outgo and the intake. bacco revenue to fighting teen smoking my friend, the ranking member from But look what happens to that red line and developing smoking cessation pro- New Jersey, when we are finished with out there in the future, but not so far grams. this, however soon it is or in a half in the future that people like KENT The majority leader, Senator LOTT, hour, the Senator from Colorado is CONRAD would not stand up and say, has taken that position. Senator going to be heard next. Is that what we with PETE DOMENICI, for all the acco- MCCAIN is developing legislation that have tentatively understood? lades we are giving ourselves about would use tobacco revenues for anti- Mr. LAUTENBERG. Absolutely. That how great we have done on fixing the smoking efforts. And other bills by is what we promised him. fiscal policy of our Nation, if we sit Senators HATCH, CONRAD, JEFFORDS, Mr. DOMENICI. I say to the Senator, back and do not fix that, where that KENNEDY, and myself all would devote can you let me respond a bit since red line can, in a year or so when we tobacco revenue to anti-teen smoking there has been a little response? I will have reformed this program, start to programs, tobacco-related research, certainly not use anything like an move up and parallel the line that is at smoking cessation, and other tobacco hour. about zero, we have failed the Amer- related programs. Mr. ALLARD. Take your time, Mr. ican people in a most serious way. Even the tobacco industry’s proposed Chairman. I will be glad to wait until Because of that we could put one up settlement called for tobacco revenue you are finished. here on Social Security. We could to be used for a variety of programs, Mr. DOMENICI. For your State and argue about their trust fund. And, including teen education, smoking ces- mine, a half hour from now or so is a frankly, that is a very, very exciting sation and tobacco research. better time for your people anyway. argument for 2 or 3 hours, if we want to Unfortunately, this budget would Mr. ALLARD. That is correct. do it. But essentially, in terms of the Mr. DOMENICI. Mr. President, let me block all of these activities. That’s impact on America, if we do not fix start by saying that the Senator that wrong. And it just makes no sense. something, the impact is apt to be The distinguished chairman of the has proposed this amendment, in my more severe if we do not fix this than Budget Committee has argued that opinion, even though we may not have if we do not fix Social Security. there is enough funding available in agreed on a number of things, as I have Both are serious. Both are predict- the resolution for these activities. I watched things evolve on matters per- able. We understand all the reasons for strongly disagree. taining to fiscal policy, has grown tre- what is happening. And we can choose, The budget resolution assumes $125 mendously in his understanding and as we have in the past when we did not million in budget authority for anti- his forthrightness and his ability to ar- know any better, we could wait 10 youth smoking and cessation in fiscal ticulate the fiscal condition of this years. We could all be running around year 1999. But that is far below any of country. saying how wonderful everything is. I want to acknowledge right up front the major tobacco bills. In fact, it’s not Probably 25 years ago nobody could run that there are some who worry about even in the same ballpark. around after us as we campaigned and The tobacco industry’s original pro- this budget resolution, but there are say, ‘‘You’re not facing up to the posed settlement included over $2 bil- some who worry about 10 years from facts.’’ But I tell you, they can now, lion per year for these programs. Sen- now. And, frankly, we have an awful because we know that red line is a lot of new sources of information and ator CONRAD’s bill included a similar pretty accurate presentation of the new sources of estimating that have figure. That’s $2 billion versus $125 mil- most serious fiscal and social problem become very, very reliable so that as lion. that this country has—bar none. That is not even close. adult leaders of our country we ought Now, having said that, the budget I Also, the $125 million assumed for to be able to look at a budget 10 years chose to present, after much consulta- teen smoking reduction programs and from now and 15 years from now in tion with the Budget Committee, smoking cessation in the budget reso- terms of some big big-ticket items and which was adopted by the Senators on lution must be accommodated within be able to honestly and forthrightly in- that committee, I regret, on a party- the discretionary spending caps. And dicate where we are. line basis—but I actually believe the there’s reason to be skeptical that this I just say to him, he has done a very total reason for that party-line vote will happen. After all, those caps are good job in that respect, and I thank had to do with this issue that is before very tight. And increasing funding for him for that. Like I say, I do not nec- us, because I do not believe that every these activities would require cuts in essarily, when he gets up and makes Democrat who voted against the other programs. Maybe that will hap- his frequent speeches about how won- Domenici mark voted against it be- pen. But I certainly wouldn’t count on derful America has become since the cause they want to spend a lot more it. Democrats voted in a budget, I join money on new programs. The bottom line, though, is that the him in attributing to that the great As a matter of fact, if this tobacco restrictive reserve fund language in success of the American economy. But settlement, as fragile and as amor- this resolution makes it much less I do acknowledge that he has a per- phous as it is, had not come along—and likely that we will pass tobacco legis- fectly valid opportunity to so allege to it was not available either to the Presi- lation this year. That’s a grave concern the world. I have not yet really found dent in his budget or to us in our to me, and to most of my colleagues on enough time to really talk with the markup—there would have been little this side of the aisle. American people about how that is im- to argue over, because we do not have After all, 3,000 kids a day start smok- possible in terms of having been the any money to spend unless we want to ing every day; 1,000 of them will die primary reason for America’s sustained break the agreement and knock those prematurely as a result. We simply economic recovery. I am not going to caps on discretionary spending off of must act. And this resolution would do that tonight either, but in a sense— their pillars and say, ‘‘We just made a create a major roadblock. in a sense—I am going to talk about deal, but we’re going to break it.’’ I do I ask my colleagues to support the something that I believe my good not believe that would have happened. Conrad amendment, and pave the way friend, the proponent of the amend- And I do not think Senator CONRAD, for comprehensive tobacco legislation ment that is before us, has stated as who is here with an amendment to- this year. well as I will or better time and again night on the tobacco settlement—I do With that, I yield the floor. in the Budget Committee and in the not think he would have joined in say- Mr. DOMENICI addressed the Chair. Committee of Finance. ing, ‘‘We’ve got to invent some new The PRESIDING OFFICER. The Sen- That is what this chart before us, in programs and spend some new money ator from New Mexico. back of me, shows to all of us—a very, and break those caps.’’ March 31, 1998 CONGRESSIONAL RECORD — SENATE S2837 Essentially, we got off on the wrong My friend from Colorado has another this budget says—every nickel should foot, because the President of the suggestion—it is intriguing, and I hope go in Medicare. United States gave a speech called a everybody looks at it—as to the sur- Now, I am amazed—and I want to al- State of the Union Address, and, in his plus. But we said that. And the Presi- lude back and forth to other propos- normal manner, he was eloquent. The dent said it a little differently than us. als—that the President of the United problem was, nobody had an oppor- But essentially, for the year 1999, don’t States in his State of the Union Ad- tunity to check his budget. So America touch it. For those who might think it dress, and in his budget which followed, got excited about an era of balanced is very big, let me remind you, ‘‘Don’t which not even the Democrats have budgets where all of a sudden we could touch it ’99’’ means don’t touch $8 bil- used in budget debates, that budget spend a lot of money that we did not lion worth of surplus, I say to my that he told the American people spend the year before. And it was inter- friend in the Chair, not $30 billion, not about, that he sent us, I am amazed in esting. Some of us listened and said, $60 billion, not $100 billion—$8 billion. that budget there was $124 billion in what’s happening? I mean, we have a So this euphoria about, ‘‘We’ve got to new expenditures from this, that, and literal freeze on all the programs the protect that, we can’t spend it,’’ with the other, but a huge amount of it from President is talking about—more edu- others saying, ‘‘Let’s cut taxes’’—it is the tobacco settlement and not a cation money, classroom sizes, interest $8 billion. So we said two big goals: penny for the second worst problem reduction so you can build more class- Save Social Security—and I might add, that America has. Not a penny. rooms, child care—you know, on and under our budget resolution that is be- Not so with the budget that is before on—oh, more health programs for chil- fore us, we literally use the word ‘‘re- the Senate. The reverse. Not a penny dren who are smoking, and a huge ad- form,’’ so that we do not just con- for any other new program but all the vertising campaign for that. template putting the surplus into the money for that one. And I was thinking, ‘‘Man, all of Social Security trust fund; we con- Now, from this Senator’s standpoint, those belong over here on that side of template having it available for those I did not set about to ignore what the ledger where already we’ve agreed who will reform and rewrite Social Se- many people said we ought to pay for if we can’t spend any more money.’’ The curity to use, if they need it, to make we get the tobacco settlement. Fellow President said, ‘‘Well, we’ll spend it that program one that is far better for Senators, I want you to know if there out of the tobacco settlement’’ that America’s retired people in the future is never a settlement of the cigarette may never occur. If it occurs, it might and which has a chance of making the controversy, if it is never settled and be very different than he assumed. And fund itself more solvent. never resolved, the budget before the lo and behold, the Congressional Budg- The second thing we said was once Senate, because we chose to prioritize, et Office told us, he cannot spend it the the next program that the American to put first things first, has the largest way he says without breaking the U.S. Government has a responsibility increase for the National Institutes of Budget Act of the United States and to pay for—not a State issue, not a city Health over the next 5 years for re- breaking the caps by $68 billion over 5 issue, one of ours—and lo and behold, search related to the effects of ciga- years. we find the American U.S. problem is rette smoking that we have ever put That is where we found ourselves, that one, Medicare. Medicare. We found together in the history of our biologi- with everybody getting excited that we the second big problem is that, one, cal and chemical research programs of could have some new programs, we that huge red line on the chart going America, the largest. On average, 11 could preserve the surpluses, right— down. It almost moves in a direction percent a year. We are not waiting for which my friend from Colorado is going like when you are a young kid and you a cigarette settlement to pay for that. to speak to in a minute—and we could wondered where hell was—that is sort When you vote for the budget before spend on at least six new programs of looking like it is going down to hell, the Senate that I put together—and I that pop in my head, and a whole down into the depths of the Earth, in hope it is not just Republicans—we will bunch of add-ons, we could spend $124 the red, going broke. have dramatically increased the Na- billion over 5 years on things we were We said, what do we do about that? tional Institutes of Health because we not paying for last year. There is nothing more important than chose to look at the President’s cuts, Mr. President, that sounded like a doing what we can to start fixing that. and he had many. And we said, amen. fairy land, that we would have tombs We said whatever the Federal Govern- But we want to spend it where we and beautiful songs and we could ment keeps from the settlement—if it think we should spend it and we put it dream and say, ‘‘Boy, isn’t that just ever happens, and we assume the Presi- in NIH. This afternoon we argued about fantastic?’’ Sort of like Alice in Won- dent’s number, but we said whatever it child care, and we put it there, too. We derland. But we soon found out it was is and whenever it happens—put the put $5 billion there in a new block all predicated upon a tobacco settle- Government share in that fund. grant to add to what we are doing, and ment that the tobacco companies What we are going to do with the we don’t have to wait for the tobacco agreed to with the attorneys general. amendment of my friend, whom I have settlement to do it. And we had no more idea up here how just spoken to, is to say we are not A number of other items, such as an that was going to get resolved than the going to put all the money in that hos- advertising campaign to address the Man in the Moon. pital insurance fund for seniors that is issue of trying, with advertising, to And I regret to say, while I think we going bankrupt; we are going to spend mellow the effect of cigarette advertis- ought to try to settle that dispute—I it on some other things. Frankly, I be- ing on young people. We don’t have to am not averse to raising cigarette lieve for a budget, a blueprint, that is wait around for the cigarette settle- taxes—we are still not very close, when a mistake. It will be subject to a point ment. We have funded that to the tune you look at the House and the Senate, of order, and I will make it. It is not of $825 million. to coming up with a way to do that with any reluctance that I make it, be- Now, frankly, we will never have which has enough votes to do what cause I think what we have planned in enough for some. There are some who Howard Baker used to say, ‘‘Whatever the budget before the Senate is better would think we should spend $2 billion the rules and procedures are, don’t for our country, so long as we have no a year on children’s programs and on worry about it if you’ve got enough agreed-upon plan to do otherwise. I re- health programs for children out of votes.’’ Nobody has enough votes yet. mind the Senators, and the occupant of this settlement. Mr. President, what is But I believe there are enough votes for the Chair was working hard and very intriguing about it all is that in order this budget resolution, because it does knowledgeable about the tobacco set- to get that done, most amendments the right thing. This Republican budg- tlement, we don’t have a plan. We have around here, and the amendment that et—which I wish some Democrats a lot of people talking about a lot of is presently before the Senate, attempt would vote for—says: Don’t spend the things, and a lot of wonderful things to solve these problems by creating surplus in the regular budget of the we ought to buy, but we don’t have a new mandatory permanent programs United States on anything but Social plan that has broad-based bipartisan for ideas that are being implemented Security, or, as we put it, ‘‘Social Se- support. I believe unless and until that about which we have little certainty curity reform.’’ happens, the money ought to go where they will succeed. If anything, they S2838 CONGRESSIONAL RECORD — SENATE March 31, 1998 ought to be annually appropriated so the Senate. And if you do, who knows? Institutes of Health, put some addi- we can look at them each year. Mr. I may be one of the 60. I haven’t said I tional money in child care, add about President, you understand that can’t would not, but I believe since we are $9 billion to education. A whole bunch be done without breaking the budget not anywhere close to that and we have of amendments are going to say we agreement because we don’t have any no consensus on that, that we ought to didn’t do enough about education. I more room in our budget for that kind do what is the most prudent thing. just want to say to everybody that we of expenditure. So this amendment and I have failed to discuss and I have will take those one at a time, one at a others spend it in a new entitlement failed to put up the chart that clearly time. But we put everything in this program for kids’ advertising or for to- depicts what is happening to Medicare budget on education that the biparti- bacco research or whatever the five or spending on tobacco-related illnesses. san administration budget agreement six programs are that are there. It is there now. It is simple and fright- contemplated for the year 1999. There Now, $825 million over 5 years for ening. is an $8 billion-plus increase year after various antiteen smoking and public The hospital insurance trust fund for year on education, which is exactly health initiatives—I have heard from the seniors of America has been made what we contemplated. It is there. some of my colleagues we have not put stable for about another 10 years. But When the appropriators finally do it— enough resources into these we didn’t really reform the program; we don’t know what they are going to antismoking initiatives, without a set- we reformed the payment plan. It will, do, but we suggested some things that tlement. I have even heard that we once again, as that red line on the pre- were very interesting. We don’t wait need to spend, maybe, and I repeat, vious chart, it will start to go down around for the settlement of the to- ‘‘multiple billions of dollars, perhaps again, and when the baby boomers hit bacco issue for those educational add- even as much as $2 billion a year,’’ on entitlement age, it will go broke. But ons. The President did. We don’t. We such a campaign. Frankly, fellow Sen- look at that, one of the reasons it has put $2.5 billion in IDEA or disability ators, I find those proposals hard to be- gone broke is we never could have esti- education to try to move forward in lieve. First, the President’s budget mated the costs that program would our commitment to pay our share. It is identified $400 million over the next 5 bear on its shoulders from tobacco-re- embarrassing that we have mandated years for antismoking initiatives at lated illnesses of senior citizens. And that disabled young people be educated the Federal level through the Centers there it is, $25.5 billion, 14 percent of in a certain way from here down to our for Disease Control. total Medicare spending, in 1995. Mr. school districts and we are supposed to Let me quote from the HHS 1999 President, 1995 is the best we can do. pay 40 percent of the tab. Senator, if budget press release. This was when Say it got better. I don’t believe so. In you are not embarrassed that your the President was still living off the fact, I am prepared to speculate with a schools have never seen the Govern- budget that turned out not to be doable bit of intuition that I think is right ment put up more than 9 percent of because it violated the budget but they that it is higher now, not lower. that program, I am. We are going to had money to spend. It said, ‘‘We will So I submit the budget that is before start putting more in there, and do you expand our support for State and com- us is better for America and has a bet- know what. They are going to be re- munity programs from $34 million in ter chance of solving our serious prob- lieved of expenditures and be able to 1998 to $51 million in 1999,’’ a 50 percent lems than a budget with the amend- hire new teachers, as they see fit, and increase. ‘‘The Centers for Disease Con- ment before the Senate added to it, be- do the other things they may need. We trol,’’ the quote continues, in their cause I do not believe there is a better will live up to our responsibilities. public relations submission, ‘‘will now way to spend that money than on the They will have money left over to do fund all States and the District of Co- program that is going bankrupt and is theirs. That is in our budget. lumbia to implement innovative to- so necessary and was so infringed upon Yet, whatever you do, it isn’t enough. bacco prevention programs as a core by smoking costs that we cannot ig- Tomorrow, we will speak about build- component of the public health.’’ We nore the reality of the relationship be- ing classrooms. Let me suggest, for fund that much and more without tween the smoking and the bankruptcy those who want to build classrooms waiting around for the tobacco settle- of the hospital insurance program. and think the President is for it, you ment. Now, it more than doubles the Now, this does not mean, Mr. Presi- will have a surprise tomorrow. Two funds identified in the President’s dent, that the Senator from New Mex- budgets ago, the President said in his budget for this initiative. ico thinks the distinguished Senator, Department of Education that it is no Let me also point out that we have whom I have spoken of this evening business of the Federal Government to some history with public campaigns with great affection and as honestly build schools in the school districts of aimed at youth. According to this ad- and positively as I have spoken about a America. He said it even better than ministration, we have increased our ef- Democrat Senator since I have been that. And then he canceled the $100 forts to prevent and treat drug use here— perhaps my friend Sam Nunn million worth of programs to build from $4.1 billion in 1992 to $5.4 billion has had me do that once before, and schools. All of a sudden, it’s the great- in 1998. Much of that funding was perhaps my friend, the ranking mem- est program ever and we better do it aimed at young Americans. Nonethe- ber, has had me do that before. But in from up here, even though we have less, teenage drug use has increased any event, that is not to say that this never done that in any big way as part from 15 percent in 1992 to 22.2 percent is a wild idea. It is just that I believe of American Government’s help to our in 1995, the last year we have evidence, if you have the facts before you and schools. We will debate that. Some will and everyone here knows it is higher you don’t know how the tobacco is say we should pay part of that out of now than 1995, and the campaign con- going to come out at all, we have no the cigarette settlement. Can you tinues to spend money, to affect their idea—and there are all kinds of things imagine. If you are talking about lives on drugs, with advertising and people want to spend it on, right? We things related to cigarette smoking, other programs. could add to this list here, in the next isn’t that one more related? Isn’t that I only say that not because I do not 48 hours, another six or seven things, fund more bankrupt than any other think we should continue trying, but I and we might, I say to my friend from fund around and any other obligation? firmly believe it would be wrong to put Colorado. If this amendment fails, we So, Mr. President, when the time huge amounts of money in an entitle- are going to see more. They won’t all comes after tomorrow—we have a few ment program in this area and just say try to do the same things. They will more minutes, and I hope some people for the next 5 to 10 years, that is where have other things we ought to do and listened tonight—we will vote. The it goes. So, wherever I look and how- pay for it out of this fund. point of order will be the issue. I have ever I think about this, I say to those So the best I can do is to say that I no doubt that significant numbers of committees and those assigned by our believe the best budget we can do is to Senators will vote with my friend. I leadership to try to work a tobacco set- save the surplus for reform and sol- have nothing but praise for him, and if tlement—good luck. I also say, if you vency of Social Security, save the Gov- they do that, that is OK. But I don’t put it together and you can find 60 ernment’s share of the cigarette tax to believe there are going to be enough votes, you will pass your program in save Medicare, increase the National votes to get around the point of order. March 31, 1998 CONGRESSIONAL RECORD — SENATE S2839 We will be back to where we started, Mr. LAUTENBERG. Yes. will take care of myself, but I want to which we think is a very good place to Mr. DOMENICI. Let me say, Mr. make sure I give my grandchildren a be. That is, we are going to spend the President, whatever I have said about chance to grow, develop, and be money, if we ever get the tobacco set- other Senators from the other side of healthy. tlement, to pay for making that Medi- the aisle, it is quite obvious that the With that, Mr. President, I yield the care Program solvent. most significant achievement that I floor for my friend from North Dakota. Mr. President, make no bones about have participated in was the balanced it; we have appointed a national com- budget agreement of last year, and The PRESIDING OFFICER. The Sen- mission. It is bipartisan. I have already without my good friend, Senator LAU- ator from North Dakota is recognized. seen them on C-SPAN, and they dis- TENBERG from New Jersey, we could Mr. CONRAD. Mr. President, first of agreed violently. I don’t know if the not have achieved that result. So he all, I want to say to the chairman of chairman is going to be able to ever get knows with that statement that I am our committee, he knows that I have them together. We were all wondering very proud to work with him. You got the utmost regard for him for the way who ought to be chairman and we said, it, Senator. he conducts our committee. I have real ‘‘Senator BREAUX, you ought to be.’’ I Mr. LAUTENBERG. We are together, respect for the chairman. I have, as like him very much. He is a Democrat. believe me. As a matter of fact, I want well, an affection for the chairman. Frankly, the more I look at the dif- to tell you something, Mr. President. That really is not the issue before us ferent views, I am glad that he is there You have no idea—few have—how hard tonight. We work together, and on the because, frankly, it is going to be hard I worked to get this man to stop smok- larger issues of where we are going for to put them together. If we have a few ing. It showed my true affection for the long term, there is much more that tens of billions of dollars to help them him because I wanted him to be around unites us than divides us because we get this reform put together, it will be here. Even when I disagree with him, I are both persuaded that if we don’t ad- one of the best things we have ever like him here because he stimulates re- dress the long-term entitlement done. It may just be the ointment, actions and gets us going at times, if changes that are necessary in this along with reforms, that will glue it to- you know what I mean. country, we put this country at risk. gether. And, conversely, if we throw it Mr. President, I ask people to con- We are talking about the national se- away on programs that we are not sure sider this question with me. What curity of our Nation because, fun- will work, we will be real sorry if they grandparent, I ask you, would not say: damentally, that cannot be preserved if can’t put together a Medicare reform Take care of my grandchild first, help we don’t get our long-term fiscal house package because we spent the money my grandchild so that when he or she in order. We are united on that ques- that might have helped them do it. grows up, they are healthy, help my tion. Mr. President, the issue before us With that, I don’t know how much grandchild to not become an addict to tonight is a reserve fund in the budget time remains, but from my standpoint, tobacco or other drug substances? for tobacco revenue. The chairman of I yield the floor on this. I will shortly What grandparent would not stand up our committee says that he believes if be prepared to move with the distin- and proudly say ‘‘take care of them we get a tobacco settlement, all of the guished Senator from Colorado. first’’ because eventually they will be revenue ought to go for Medicare. I Mr. LAUTENBERG. Mr. President, I the ones who will shoot the Govern- would be swift to acknowledge that wonder if we can get the Senator’s ment programs and health insurance Medicare is a priority, but it’s not the question answered as to how much programs up through the roof? only priority. Medicare does not rep- time is left on both sides. Yes, there is $22 billion worth of resent the national tobacco policy. We The PRESIDING OFFICER. The pro- spending in Medicare on tobacco-relat- have to do more with those tobacco ponents have 7 minutes 42 seconds. The ed illness. We are not sure, but there is revenues than just strengthen the opponents have 24 minutes 42 seconds. a significant amount, perhaps a like Mr. LAUTENBERG. Mr. President, Medicare Program. And, in fact, I amount, in Medicaid tobacco-related the Senator from New Mexico just vol- think the chairman would be quick to illness. But if we don’t inhibit smoking unteered to give us 5 minutes on our acknowledge that even if we took all of among the youngsters today, this price side, with the understanding that the the revenue from tobacco, we would will continue. Sometimes you have to rest will be yielded back. What I would not do the job that needs to be done make an investment in the long term like to do is ask my colleague from with respect to Medicare. We need fun- before you can obtain the result that North Dakota to say what he wants to damental reform of Medicare, and I you want. You can’t always do it over- do. Does he want 7 minutes or so? I voted in the Finance Committee very would like 5 minutes. If that would be night. So I submit, Mr. President, that we controversial votes to do precisely all right, I would agree with the pro- are determined not to break the caps. that, because I deeply believe we do posal offered by the Senator from New need to reform the Medicare Program, Mexico. We are determined to abide by CBO ac- counting. We are determined not to to preserve it and protect it for the Mr. CONRAD. That would be accept- long term. able. spend money that we don’t have. And Mr. LAUTENBERG. I thank the Sen- to correct something the Senator from Mr. President, the tobacco revenues ator from Colorado thus far for his New Mexico said a moment ago, he said won’t do that job. In fact, in an odd ever-present indulgence. the surpluses should be used for Medi- way, they actually may retard our fac- I will take my 5 minutes first, and I care. I think he didn’t quite mean it ing up to the long-term challenge of ask the Chair to remind me when my 5 that way because, technically, the Medicare. But there are other chal- minutes is up so that I can give the re- words are, ‘‘surplus is going to Social lenges we face as well. One of them is, maining 7 minutes to the Senator from Security,’’ and hopefully the proceeds if we get the tobacco revenue, how North Dakota. from the tobacco legislation would go should it be used? The Republican First of all, I am not personally in- toward creating a more solvent Medi- budget resolution says none of it sulted, I promise you that, not at all. I care. should be used for youth-smoking-re- heard the chairman of the Budget Com- So, Mr. President, I kind of rest the duction-education programs. None of it mittee talk about what a great guy and case here. My colleague from North Da- should be used for public service adver- a good friend and a nice Democrat and kota is going to want to wrap up, as tising to counter the tobacco advertis- everything else the Senator from North they say, but I say as an experienced ing of the industry. Their resolution Dakota was. Then he talked about the grandparent—and if anybody wants to says none of it should be used for to- Senator from Louisiana. It doesn’t see the pictures of my five grand- bacco-related medical research; that bother me. It is just one of those children, I have them here in my pock- none of it should be used for smoking things, Mr. President, two Democrats et. But I tell you that there is noth- cessation and prevention programs; being described as great guys and all ing—nothing—in my life that I would none of it should be used to assist to- that. But we will go on from there. not give to prevent sickness or illness bacco farmers in their communities in Mr. DOMENICI. Will the Senator to any one of my grandchildren. There the transition. That is an honest dis- yield? is no price that is too high to pay. I agreement. S2840 CONGRESSIONAL RECORD — SENATE March 31, 1998 In the bill I introduced, some of the ful advocate of changing the tobacco and local tobacco control programs and money was used for Medicare, some of culture than the Senator from New projects. it was used to strengthen Social Secu- Jersey. 2. Cessation programs to help children and adults who want to quit. rity. But we also believe that, just as At some point we are all going to be 3. Regulation of tobacco products by the every comprehensive bill that is before on the same page because I believe we Food and Drug Administration. this body by Republicans and Demo- are going to find a way to get together 4. Research into how we can best prevent crats has said, some of the money has on national tobacco legislation. But I tobacco use and help those who want to to go for tobacco control problems, hope that we do not put in the way as quit—this research will build on what we al- smoking cessation, smoking preven- a roadblock the budget resolution. We ready know and ensure that our efforts to drive down smoking rates are effective. tion. The chairman says he has money could broaden that reserve fund so that Funding for tobacco-related public health elsewhere in the budget. Let me just if we do get tobacco revenue it can be programs should be the first priority for any say that what he has elsewhere in the used, yes, for Medicare, and, yes, to funds raised through tobacco legislation; we budget is wholly inadequate. That is help strengthen Social Security, as my are therefore opposed to the current provi- not just my judgment; that is the judg- bill also provides, but in addition to sion in the Budget Resolution that limits the ment of the public health community that provide for smoking cessation, use of such revenue to the Medicare Hospital Trust Fund. on a united basis. smoking prevention, counter-tobacco We recognize that the Budget Resolution In the budget resolution, there is $125 advertising—all of the things that the includes funding for teen smoking preven- million a year for smoking cessation, public health community has told us is tion and cessation programs, but these pro- smoking prevention, counter-tobacco important to a comprehensive ap- grams would have to compete for limited dis- advertising, and health research that is proach to protecting the public health. cretionary dollars available in the Labor- specific to the question of tobacco Mr. President, I ask unanimous con- HHS-Education appropriations bill. Addi- issues. That is apart from the NIH tionally, the funding called for in the Budget sent to have printed in the RECORD a Resolution under the discretionary caps is money. But in every comprehensive letter from ENACT, a coalition of more far below the funding levels recommended by bill that is out here by Republicans, or than 45 major public health organiza- virtually every major public health organi- Democrats, it is not $125 million for tions with millions of volunteers and zation and below what was outlined in the those purposes. It is $2 billion a year to members who support comprehensive proposed Attorneys General agreement. $4 billion a year. The chairman else- legislation that will prevent children The undersigned groups support amending where in the budget has provided for the Budget Resolution to ensure that funds from taking up tobacco and will dra- in the Tobacco Reserve Fund can be used to $125 million, and the truth is that matically reduce tobacco use among support critical tobacco-related programs under the budget resolution it may be adults. They support the type of that will help drive down smoking rates. the result that not a single dime is amendment which I have offered. This is a historic opportunity to achieve fun- available for any of those programs be- I ask unanimous consent to also have damental change in tobacco addiction and cause the Budget Committee doesn’t printed in the RECORD a letter from the disease and to save lives. We are committed make that decision. All the money goes American Lung Association, who say to working with you and other members of in a pot and the appropriators deter- in their letter, ‘‘As you know, the Congress to pass a Budget Resolution that will help protect America’s children from mine what are their priorities. If they budget resolution recently approved by the dangers of tobacco addiction. have a difference on that question, the Budget Committee is a disaster for Sincerely, they may decide not to provide one public health.’’ Allergy & Asthma Network—Mothers of thin dime for smoking cessation, smok- I also ask unanimous consent to have Asthmatics, Inc.; American Academy ing prevention, counter-tobacco adver- printed in the RECORD a letter from of Family Physicians; American Acad- tising, or even health research. That is Public Citizen making the same point; emy of Pediatrics; American Associa- the hard reality. finally, a letter from Smoke Free 2000, tion for Respiratory Care; American That is why some of us believe deeply a coalition interested in advancing the Cancer Society; American College of that we have to broaden out this re- Chest Physicians; American College of public health with respect to the ques- Preventive Medicine; American Heart serve fund to accommodate the other tion of tobacco policy. Association; American Psychiatric As- priorities, to have a chance to have So, we will have those letters in the sociation; American School Health As- comprehensive tobacco legislation RECORD demonstrating the support of sociation; American Society of Inter- without a supermajority requirement the public health community for broad- nal Medicine; Campaign for Tobacco- here on the floor of the U.S. Senate. A ening our tobacco reserve plan so that Free Kids; College on Problems of Drug 60-vote point of order lies against any a comprehensive bill is possible. Dependence; Family Voices; Federa- of these comprehensive tobacco bills There being no objection, the mate- tion of Behavioral, Psychological and that have been offered by three Repub- rial was ordered to be printed in the Cognitive Sciences; The HMO Group; Interreligious Coalition on Smoking or lican chairmen on that side and every RECORD, as follows: Health; Latino Council on Alcohol & comprehensive tobacco bill on our side. ENACT, Tobacco; National Association of Chil- We do not believe we should put super- March 27, 1998. dren’s Hospitals; National Association majority hurdles in the way of accom- DEAR SENATOR: The ENACT coalition of of County and City Health Officials; plishing national tobacco legislation. more than 45 major public health organiza- National Association of Local Boards I will just conclude by saying I re- tions with millions of volunteers and mem- of Health; National Hispanic Medical spect our chairman, I respect the work bers supports comprehensive legislation that Association; Oncology Nursing Society; will prevent children from taking up tobacco of his staff, I respect the work of our Partnership for Prevention; and Sum- and dramatically reduce tobacco use among mit Health Coalition. ranking member, and his staff. Let me adults. just say with respect to our ranking We are writing to express our serious con- AMERICAN LUNG ASSOCIATION, member that no one has been more cerns regarding the restrictions contained in New York, NY, March 25, 1998. dedicated on the question of reforming the Budget Resolution that limit the use of Hon. FRANK LAUTENBERG, our Nation’s policy with respect to to- money in the Tobacco Reserve Fund to the Ranking Member, Committee on the Budget, bacco than the Senator from New Jer- Medicare Hospital Trust Fund. These restric- U.S. Senate, Washington, DC. sey. If people on airplanes like the fact tions will hinder efforts to enact effective DEAR SENATOR LAUTENBERG: As you know, and comprehensive tobacco legislation by re- that they are smoke free, there is one the Budget Resolution recently approved by quiring 60 votes to include funding for key the Budget Committee is a disaster for pub- person who is responsible for it—more anti-tobacco programs. We believe that the lic health. responsible than any other individual— Budget Resolution should be changed to Instead of allowing the use of tobacco reve- and that is the Senator from New Jer- allow the Tobacco Reserve Fund to be used nues for public health programs, as is the sey. We can all thank him for the con- for programs that will reduce the use of to- case with every major piece of tobacco con- tribution he has made to try to do bacco and its harmful effects. trol legislation before the Congress, the com- something to get our kids off the to- To reduce tobacco use among children and mittee bill actually precludes the use of any adults, comprehensive tobacco legislation new tobacco revenues for public health. bacco habit, off the addiction, and the must contain funding for tobacco-related Moreover, the provisions of committee bill diseases that it causes. I think we public health programs, including: will set up procedural barriers that will ham- should recognize his leadership in this 1. A nationwide public education and string the use of these new revenues for pre- regard. Nobody has been a more force- counter advertising program as well as state venting youth smoking, lifesaving research March 31, 1998 CONGRESSIONAL RECORD — SENATE S2841

at the National Institutes of Health, or FDA SMOKE FREE 2000 COALITION, (2) There is a growing bipartisan consensus efforts to rein in the tobacco industry. Mon- St. Paul, MN, March 25, 1998. that personal retirement accounts should be ies that are provided—$800 million over five Hon. FRANK LAUTENBERG, an important feature of social security re- years, is way below most other bills. For ex- Ranking Member, Committee on the Budget, form. ample, the Health Kids Act, (S. 1638) calls for U.S. Senate, Washington, DC. (3) Personal retirement accounts can pro- over $2 billion per year for tobacco control DEAR SENATOR LAUTENBERG: The Min- vide a substantial retirement nest egg and efforts. nesota Smoke-Free Coalition strongly sup- real personal wealth. For an individual 28 The American Lung Association strongly ports an amendment to the Budget Resolu- years old on the date of the adoption of this supports an amendment to the Budget Reso- tion that would include significant funding resolution, earning an average wage, and re- lution that would include funding for public for public health programs in the tobacco re- tiring at age 65 in 2035, just 1 percent of that health programs in the tobacco reserve fund serve fund established by the Budget Com- individual’s wages deposited each year in a established by the Budget Committee. We mittee. personal retirement account and invested in believe that the goal of tobacco control leg- In order to reduce tobacco and prevent to- securities consisting of the Standard & Poors islation should be to control tobacco use— bacco use, a comprehensive approach is need- 500 would grow to $132,000, and be worth ap- not raise revenue. ed including, counter-advertising and edu- proximately 20 percent of the benefits that Lastly, we support any amendment ex- cation campaigns, reducing illegal sales to would be provided to the individual under pressing the sense of the Senate opposing im- minors, smoking cessation for those who the current provisions of the social security munity and supporting full FDA authority to want to quit. The goal of tobacco control program. control tobacco. Recent public opinion polls legislation should be to control tobacco (4) Personal retirement accounts would conducted by the American Lung Associa- use—not just raise revenue. give the majority of Americans who do not tion indicate the American people strongly The budget resolution recently approved own any investment assets a new stake in oppose granting special protections to the by the Budget committee prohibits the use the economic growth of America. tobacco industry. The Senate should follow of tobacco control revenues for public health (5) Personal retirement accounts would their lead. programs. This would be a disaster for public demonstrate the value of savings and the We look forward to working with you to health and exactly what the tobacco indus- magic of compound interest to all Ameri- craft tobacco control legislation that pro- try would support. cans. Today, Americans save less than people tects the public health without creating spe- The Minnesota Coalition represents more in almost every other country. cial protections, like immunity, for the to- than 60 health, education, consumer and (6) Personal retirement accounts would bacco industry. civic organizations from across the state of help Americans to better prepare for retire- Sincerely, Minnesota. Collectively, we urge your sup- ment generally. According to the Congres- FRAN DU MELLE, port of an amendment to the Budget Resolu- sional Research Service, 60 percent of Ameri- Deputy Managing Director. tion that would include funding for public cans are not actively participating in a re- health. tirement plan other than social security, al- PUBLIC CITIZEN, Sincerely, though social security was never intended to Washington, DC, March 26, 1998. A. STUART HANSON, M.D., be the sole source of retirement income. Hon. FRANK LAUTENBERG, President. (7) Personal retirement accounts would Ranking Member, Committee on the Budget, Mr. DOMENICI addressed the Chair. allow partial prefunding of retirement bene- U.S. Senate, Washington, DC. fits, thereby providing for social security’s DEAR SENATOR LAUTENBERG: Public Citizen The PRESIDING OFFICER. The Sen- ator from New Mexico. future financial stability. has long supported efforts to reduce the (8) The Federal budget will register a sur- death and disease caused by tobacco prod- Mr. DOMENICI. Mr. President, is it plus of $671,000,000,000 over the next 10 years, ucts and has worked for years against legis- fair to assume now that we have both offering a unique opportunity to begin a per- lation that would protect corporate wrong- yielded our time on this? manent solution to social security’s financ- doers from legal accountability for the harm Mr. LAUTENBERG. Yes. ing. caused by their dangerous products. We ap- AMENDMENT NO. 2209 (9) Using the Federal budget surplus to plaud your work in pursuit of the same pub- fund personal retirement accounts would be (Purpose: To express the sense of the Senate lic health goals. an important first step in comprehensive so- We are concerned that the Budget Resolu- that the Committee on Finance shall con- cial security reform and ensuring the deliv- tion recently approved by the Senate Budget sider and report a legislative proposal this ery of promised retirement benefits. Committee does not reflect sound public year that would dedicate the Federal budg- (b) SENSE OF THE SENATE.—It is the sense health priorities. The measure contains no et surplus to the establishment of a pro- of the Senate that this resolution assumes funding for many of the health related pro- gram of personal retirement accounts for that the Committee on Finance shall con- grams that should be funded by new tobacco working Americans) sider and report a legislative proposal this revenues. Instead, the Budget Resolution Mr. DOMENICI. Before our friend year that would dedicate the Federal budget proposes that these new tobacco revenues be from Colorado proceeds, I send to the surplus to the establishment of a program of earmarked for Medicare. In addition, the desk an amendment on behalf of Sen- personal retirement accounts for working money the Budget Resolution provides for ators ROTH, BREAUX, GREGG, ROBB, Americans and reduce the unfunded liabil- tobacco control—$800 million over five ities of the social security program. years—is well below the amount that would HATCH, NICKLES, GRAMM, GORDON AMENDMENT NO. 2210 be generated by most of the tobacco bills SMITH, and SANTORUM, and ask it take now before Congress. For example, the its place among the amendments to be (Purpose: To express the sense of the Senate Healthy Kids Act, (S. 1638), calls for over $2 determined in the future as to when a regarding repair and construction needs of billion per year for tobacco control efforts. vote will occur. Indian schools) We urge that these deficiencies be corrected. The PRESIDING OFFICER. Without Mr. LAUTENBERG. Mr. President, Further, Public Citizen strongly supports a objection, it is so ordered. before we go on to the Senator from floor amendment expressing the sense of the Colorado, I, too, have an amendment to Senate that the tobacco companies must not The clerk will report. The bill clerk read as follows: be sent up to the desk on behalf of the be given any special protection from legal li- Senator from South Dakota, Senator ability as a quid pro quo for its payments—or The Senator from New Mexico (Mr. DOMEN- JOHNSON, and ask that it be placed in for anything else. We oppose any sweetheart ICI), for himself, and Mr. ROTH, Mr. BREAUX, deal for this industry that lied to and cheat- Mr. GREGG, Mr. ROBB, Mr. HATCH, Mr. NICK- the order for such time as it is called ed the American public and costs the U.S. LES, Mr. GRAMM, Mr. GORDON SMITH, and Mr. up. economy over $90 billion each year in health SANTORUM, proposes an amendment num- Mr. DOMENICI. Is that the amend- care costs alone. bered 2209. ment on Indian schooling? Finally, Public Citizen believes that the At the end of title III add the following: Mr. LAUTENBERG. Yes. We should FDA must be given full authority to regulate SEC. ll. SENSE OF THE SENATE ON SOCIAL SE- note that the Senator from New Mex- nicotine and tobacco products, and we would CURITY PERSONAL RETIREMENT AC- ico is a cosponsor of that amendment, also support a sense of the Senate amend- COUNTS AND THE BUDGET SUR- and please note that carefully. ment advancing that position. PLUS. Thank you for your leadership on these im- (a) FINDINGS.—The Senate makes the fol- Mr. DOMENICI. Thank you. portant issues. We look forward to working lowing findings: The PRESIDING OFFICER. The with you to craft tobacco control legislation (1) The social security program is the foun- clerk will report. that protects the public health without cre- dation of retirement income for most Ameri- The bill clerk read as follows: ating special protections, like immunity, for cans, and solving the financial problems of The Senator from New Jersey (Mr. LAU- the tobacco industry. the social security program is a vital na- TENBERG), FOR MR. JOHNSON, Mr. DOMENICI, Sincerely, tional priority and essential for the retire- Mr. DORGAN, Mr. DASCHLE, Mr. BINGAMAN, JOAN CLAYBROOK, ment security of today’s working Americans Mr. WELLSTONE, and Mr. MCCAIN, proposes President. and their families. an amendment numbered 2210. S2842 CONGRESSIONAL RECORD — SENATE March 31, 1998 The text of the amendment follows: The PRESIDING OFFICER. The the budget resolution last year, and we At the end of title III, insert the following: clerk will report. got into the budget debate this year. SEC. . SENSE OF THE SENATE REGARDING RE- The bill clerk read as follows: There was simply not any plan coming PAIR AND CONSTRUCTION NEEDS from the President, or anybody else at OF INDIAN SCHOOLS. The Senator from Colorado (Mr. ALLARD) (a) FINDINGS.—The Senate finds that— proposes an amendment numbered 2170. that point, on how we might pay down (1) many of our nation’s tribal schools are Mr. ALLARD. Mr. President, I ask our national debt running somewhere in a state of serious disrepair. The Bureau of unanimous consent that reading of the around $5.6 trillion. Indian Affairs (BIA) operates 187 school fa- amendment be dispensed with. So I have decided I will put forward cilities nationwide. Enrollment in these The PRESIDING OFFICER. Without my plan on how I think we might be schools, which presently numbers 47,214 stu- able to pay down the debt. As we go dents, has been growing rapidly. A recent objection, it is so ordered. The amendment is as follows: through the discussion and the debate, General Accounting Office report indicates I will show that we will even have some that the repair backlog in these schools to- At the end of title II, add the following: money left over as we pay down the tals $754 million, and that the BIA schools SEC. . REDUCTION OF NATIONAL DEBT. are in generally worse condition than all debt to provide some tax relief for (a) IN GENERAL.—In the Senate, beginning Americans. schools nationally; with fiscal year 1999 and for every fiscal year (2) approximately 60 of these schools are in I think we are very fortunate that we thereafter, it shall not be in order to con- need of complete replacement or serious ren- sider any concurrent resolution on the budg- have somebody like the chairman of ovation. Many of the renovations include et, or amendment thereto or conference re- the Budget Committee who really be- basic structural repair for the safety of chil- port thereon, that— lieves we need to work to eliminate the dren, new heating components to keep stu- (1) that would cause budgeted outlays for deficit and to balance the budget. It dents warm, and roofing replacement to keep that fiscal year to exceed budgeted revenues; the snow and rain out of the classroom. In brings forth a certain amount of ac- and addition to failing to provide adequate learn- countability to the process. I think we (2) does not provide that actual revenues ing environments for Indian children, these need to have leaders like him due to repair and replacement needs pose a serious shall exceed actual outlays in order to pro- the fact that we do not have a balanced liability issue for the Federal government; vide for the reduction of the gross Federal budget amendment. (3) sixty-three percent of the BIA schools debt as provided in subsection (b). I was very disappointed last year (b) AMOUNT.—The amount of reduction re- are over 30 years old, and twenty-six percent that a balanced budget amendment did are over 50 years old. Approximately forty quired by this section shall be equal to the amount required by amortize the debt over not pass, because I think we needed percent of all students in BIA schools are in that accountability in order to assure portable classrooms. Originally intended as the next 30 years in order to repay the entire temporary facilities while tribes awaited debt by the end of fiscal year 2028. that the Members of this Senate would new construction funds, these ‘‘portables’’ (c) WAIVER.—The Senate may only waive work hard to set priorities and not ig- have a maximum 10 year life-span. Because the provisions of this section for a fiscal year nore deficits that have been accumu- of the construction backlog, children have in which a declaration of war is in effect. lating over the years out into the fu- been shuffling between classrooms in the (d) PASSAGE OF REVENUE INCREASE.—No ture and to continue to allow the debt harsh climates of the Northern plains and bill to increase revenues shall be deemed to to grow year after year. Western states for ten to fifteen years; have passed the Senate unless approved by a I would like to move forward by be- (4) annual appropriations for BIA edu- majority of the total membership of each ginning to congratulate, again, Chair- cation facilities replacement and repair com- House of Congress by a rollcall vote. man DOMENICI and the Budget Commit- bined have averaged $20–$30 million annu- Mr. ALLARD. Mr. President, first of tee on crafting a sensible resolution ally, meeting only 4% of total need. At the all, I would like to commend the chair- present rate, one deteriorating BIA school that maintains the discretionary can be replaced each year, with estimates of man of the Budget Committee, the spending caps previously set forth. I re- completion of nine schools in the next seven Senator from New Mexico, for his very emphasize that is very key in this de- years. Since the new construction and repair laudable statement, which he made bate to assure that we have protected backlog is so great and growing, the current earlier on in the debate this evening. I the future for our children and grand- focus at BIA construction must remain on think we are very fortunate in this children by having a responsible budget emergency and safety needs only, without body to have somebody who is trying which holds the promise that we made prioritizing program needs such as increas- to bring accountability to the process. to the American people. ing enrollment or technology in the class- I hope that America was listening, be- room; and Even though it appears that we will (5) unlike most schools, the BIA schools cause I think he made some very good realize a surplus before the year 2002, I are a responsibility of the federal govern- points, and I think as Americans we believe that it is essential for this Con- ment. Unfortunately, the failure of the fed- need to stop to think about our prior- gress to show restraint when it comes eral government to live up to this respon- ities and how we would like to see to budget surpluses. The future sol- sibility has come at the expense of quality those priorities come down in the budg- vency of the Federal Government will education for some of this nation’s poorest et and how we would like to see those likely rest on what we do in the next 3 children with the fewest existing opportuni- ties to better themselves. priorities in the budget reflect how we years. There is simply no doubt that (b) SENSE OF THE SENATE—It is the sense of want to live our lives as Americans. the economy is performing well—much the Senate that the assumptions underlying I have an amendment that I would better than anyone has expected. But the functional totals in this budget resolu- like to see added to the budget plan today’s rosy predictions could turn out tion assume that the repair and construction that this chairman and his committee to be a black future if we do not plan backlog affecting Bureau of Indian Affairs has put forward, the plan to pay down appropriately. We must begin the proc- school facilities should be eliminated over a the American debt. ess of paying down the Federal debt period of no more than five years beginning with Fiscal Year 1999. I think back last year when I pro- and preparing for an investment-based posed an amendment to the then-budg- Social Security system. Some have Mr. DOMENICI. I yield the floor so et, a sense-of-the-Senate resolution, said that they would like to see the the Senator from Colorado can call up that asked the President of the United surplus used for Social Security. I say and debate his amendment. Mr. ALLARD addressed the Chair. States to come forward with a plan on let’s do it. The fact of the matter is The PRESIDING OFFICER. The Sen- how he might want to pay down the that making payments on the national ator from Colorado. debt that we have. I think we ought to debt is the best way to provide flexibil- Mr. ALLARD. Mr. President, I ask take a little time to define the terms. ity for changes in Social Security in that the pending amendment be laid The deficit is how much more we spend the short term. The last time I came to aside. in any 1 year than what we bring in in the floor to discuss the national debt, The PRESIDING OFFICER. Without revenue. The debt is an accumulation it stood at $5.476 trillion. Yes, $5.476 objection, it is so ordered. of all of that excess spending over the trillion. Today, even as the U.S. econ- AMENDMENT NO. 2170 years—the accumulation of all of these omy continues to grow, we have added (Purpose: To require the reduction of the def- deficits. So I am of the view that we $114 billion to the debt, which is now icit, a balanced Federal budget, and the re- need to do something; we need to have over $5.59 trillion. I believe to not payment of the national debt) a plan before us to pay down that debt. apply at least a portion of any surplus Mr. ALLARD. Mr. President, I send The President ignored the sense-of- to pay down the debt is simply uncon- an amendment to the desk. the-Senate resolution that was part of scionable. March 31, 1998 CONGRESSIONAL RECORD — SENATE S2843

In February, Senator ENZI and I in- we ought to set $11.7 billion a year, in O’Hara, a financial planner in Silver Spring, troduced the American Debt Repay- addition to what we did the year be- Md. ‘‘A lot of people are reluctant until I ment Act legislation. It is legislation fore, towards paying down the debt. show them what a huge difference it can that I believe is integral to the future This accelerates and accumulates over make to their financial situation over a long period of time.’’ of this country. I am a realist. I under- time. Economists are offering much the same ad- stand that we cannot retire the Federal If we do that, let’s look at the year vice to Uncle Sam. debt immediately. What we can do is 2004, after the current plan has been With the federal government suddenly ex- create a plan which I hope will become adopted. In the year 2004, we have $616 pecting surpluses estimated between $660 bil- a part of the budget plan by which we million left over for tax relief, or lion and $1.1 trillion over the next decade, a pay down the debt over a set number of maybe program growth or some other large contingent of fiscal experts is rec- years. needs. When we drop into 2005, that ommending that President Bill Clinton and Congress resist calls for new tax cuts or in- This is just a minimal plan. There is comes up to $2.1 billion over and above creased government spending. Instead, many nothing in it that says we cannot do what I put together on this amortiza- economists argue, the government is likely more. In fact, I hope we can do more tion part for program growth or to re- to get the highest economic return from fu- because we need to sign on to a plan to duce the tax burden. My personal pref- ture surpluses by using them to whittle down pay down the debt. The American Debt erence, as I stated earlier, is to reduce the $3.8 trillion in federal debt held by the Repayment Act provides such a plan. the tax burden on the American fam- public. Senate bill 1608 would amortize and ily. ‘‘Pretty much all macro-economists would pay off the debt in the year 2028. be in the debt-reduction camp,’’ asserts N. What happens over a 30-year period? Gregory Mankiw, a professor of economics at Frankly, this is as simple as it gets. We save $3.7 trillion. I think that is a Harvard University and author of one of the The plan puts the Federal Government pretty substantial step, savings that most popular economic textbooks for under- on a 30-year mortgage to pay its credi- we can use for Social Security reform graduates. ‘‘For most of us, the choice seems tors and place our country on sound fi- or maybe doing something with our clear.’’ nancial ground. Medicare problems. This is a plan that Others aren’t so sure. Supply-side econo- Because I believe that we must have shows how we can begin to address mists and GOP presidential hopefuls Jack a plan when dealing with the debt, I am those very serious problems we have Kemp and Malcolm (Steve) Forbes Jr. blast debt reduction as a ‘‘castor oil’’ remedy of no offering this legislation today as an before us, but to also keep as a top pri- amendment to the budget resolution. benefit to the economy. A recent Wall Street ority of this Congress and this Senate Journal editorial excoriated Republicans By approving this amendment, we have a commitment to pay down this na- who would ‘‘stand for an abstraction of pay- made the initial commitment to pay tional debt. This plan reflects the ing down the national debt . . . even if it down the debt. We are saying to the amount of savings we are going to save means taxing Americans at higher rates American people that the Federal Gov- for the future generations, our children than needed to balance the federal books.’’ ernment has finally recognized the and our grandchildren. At the opposite end of the political spec- time has come to begin to pay off our trum, liberals such as Sen. Paul Wellstone The important point I want to make (D–Minn.) and Northwestern University Nation’s credit card balance. here is to have a commitment to pay I realize that there are many compet- economist Robert Eisner decry the folly of down the debt. With even a minor com- extinguishing Treasury IOUs with money ing interests when it comes to using mitment with a 30-year payment, that might otherwise be ‘‘invested’’ in new the surplus, and I am willing to meet where we are setting aside $11.7 billion schools or health care for needy children. my colleagues halfway. Anything a year, we can accomplish this. We can Meanwhile, lawmakers from both parties, above the amortized payment is not af- accomplish this with just a simple, rallying behind House Transportation Com- fected by my amendment and can be straightforward commitment. I remind mittee Chairman Bud Shuster (R–Pa.), can tick off reasons why using the surpluses to used in any way that Congress may everybody, our total budget is some- deem appropriate. While I advocate tax fund construction of new roads, bridges or where around $1.7 trillion. It is not other projects in their districts will make relief for the American family from much of the total picture. the economy more productive. any surplus above the required pay- I believe an excerpt from an article Still, a little-noticed set of long-term pro- ment, my colleagues might decide dif- on March 23, 1988, in Newsday strikes jections prepared by the White House Office ferently. This amendment proves that right at the heart of the issue. I have a of Management and Budget makes a tan- debt reduction and tax relief are not quote out of that particular article. I talizing case for the benefits of using pro- mutually exclusive. jected surpluses over the next 30 years to pay will read part of it. I have it up here on down the debt. If Congress and the president I would like to take just a moment the floor. It says: and refer to the chart that I have here agreed to toe the line and direct all surpluses * * * if Congress and the President agreed to pay down debt for the next 30 years, and on the floor with me and talk a little to toe the line and direct all surpluses to pay if the economy remained on a steady, mod- bit about the chart. This is an amorti- down the debt for the next 30 years [appar- erate growth path, the government could pay zation schedule, much along the lines ently he has thought about this, too] and if off its entire debt while covering Social Se- of what you would be shown if you were the economy remained on a steady, moderate curity and other costs. to buy a new home. Say you are a new growth path, the government could pay off Such an optimistic scenario hasn’t been American family; you have just been its entire debt while covering Social Secu- previously envisioned, in part, because offi- married; you decide to make probably rity and other costs. cial economic projections rarely go out longer than 10 years. But also, pragmatic the first big investment of your mar- Mr. President, I have that article. I ask unanimous consent it be printed in economists note that it is unlikely a govern- riage, and you will make a commit- ment would direct all surpluses to paying ment to pay that down over 30 years. the RECORD. down the debt rather than funding important Your banker may very well give you a There being no objection, the article programs. similar chart which shows how you are was ordered to be printed in the ‘‘From a political standpoint, the problem going make that payment year after RECORD, as follows: is simple: Paying down the debt doesn’t get year to pay down the mortgage on your [from Newsday, March 23, 1998] your picture in the paper,’’ says economic historian John Steele Gordon. ‘‘There are no home. DEAR UNCLE SAM: USE CASH SURPLUS TO PAY ribbon-cutting ceremonies,’’ no throngs of OFF DEBT This is the plan where we talk about grateful constituents. paying down the mortgage of the Fed- (By Clay Chandler and John M. Berry) Brookings Institution economist Henry eral Government year after year. It is Imagine that after years of struggling to Aaron said the OMB projections—while they a 30-year plan, just pretty much like gain control of your finances, you suddenly are based on conservative economic assump- everybody’s home mortgage. To keep come into some extra money. Even better: tions—may be overly optimistic because things simple, I have just adopted in Suppose you’re likely to earn more money they do not incorporate the distinct possibil- this proposal pretty much what the than expected every year for the next dec- ity of a recession. ‘‘The right way to look at Budget Committee has estimated will ade. this is to say that there has been a distinct How best to use the windfall? A good finan- change in the budgetary climate,’’ Aaron be the surpluses for their 5-year plan. I cial planner might recommend you start by said, noting that he believes current tax and say fine, we will not argue with the cutting debt. spending policies could produce surpluses for Budget Committee. We will keep that ‘‘One of the very first things I tell my cli- the next 20 years. ‘‘The sun is shining, but in place. But after that period of time, ents is to get rid of debt,’’ says L. Edward that does not mean we won’t have deficits S2844 CONGRESSIONAL RECORD — SENATE March 31, 1998 arising from recessions ... It does mean we debate. So tomorrow, if my colleague SEC. ll. REQUIREMENT TO OFFSET DIRECT have more elbow room to plan for the re- wants to pick it up when we are in ses- SPENDING INCREASES BY DIRECT SPENDING DECREASES. structuring of Medicare and Social Security sion and use another period of time, than we had just a few years ago.’’ (a) SHORT TITLE.—This section may be One reason the OMB projections turn out maybe that will give the opponents a cited as the ‘‘Surplus Protection Amend- to be so favorable is the enormous saving on chance and we will have a good debate. ment’’. interest payments as the size of the debt is If we don’t need it, we will yield it (b) IN GENERAL.—In the Senate, for pur- reduced. If paying down the debt also caused back then. poses of section 202 of House Concurrent Res- interest rates to fall somewhat, as some Mr. ALLARD. I thank the chairman olution 67 (104th Congress), it shall not be in economists believe it would, the fiscal pic- for his suggestion. Mr. President, I will order to consider any bill, joint resolution, amendment, motion, or conference report ture would be even brighter. amend my unanimous consent request. Debt-burdened U.S. families last year used that provides an increase in direct spending an average of 17 percent of their after-tax in- I will just yield the floor and reserve unless the increase is offset by a decrease in come to make interest payments. Similarly, my time until tomorrow. I may use it direct spending. last year the government paid out $244 bil- at that time. (c) WAIVER.—This section may be waived lion, more than 15 percent of its income, to The PRESIDING OFFICER. The Sen- or suspended in the Senate only by the af- cover interest on the debt owed to the pub- ator’s time is reserved. firmative vote of three-fifths of the Mem- lic. Mr. DOMENICI. I understand the dis- bers, duly chosen and sworn. (d) APPEALS.—Appeals in the Senate from Paying down debt triggers a sort of virtu- tinguished Senator from Idaho, Mr. ous cycle: As the amount owed drops, so does the decisions of the Chair relating to any CRAIG, would like to speak for about 5 the interest due on the remaining unpaid provision of this section shall be limited to 1 balance, and the saving on interest leaves minutes. hour, to be equally divided between, and con- still more money available to reduce the Mr. LAUTENBERG. Mr. President, I trolled by, the appellant and the manager of debt. suggest the absence of a quorum. the concurrent resolution, bill, or joint reso- May economists in the debt-reduction The PRESIDING OFFICER. The lution, as the case may be. An affirmative camp concede, however, that their position clerk will call the roll. vote of three-fifths of the Members of the of pay-down-the-debt-first is colored by as- The assistant legislative clerk pro- Senate, duly chosen and sworn, shall be re- sumptions about the mechanics of American quired in the Senate to sustain an appeal of ceeded to call the roll. the ruling of the Chair on a point of order democracy. In theory, they acknowledge, it Mr. DOMENICI. Mr. President, I ask might be possible to craft tax cuts or new raised under this section. spending programs that would harness pro- unanimous consent that the order for (e) DETERMINATION OF BUDGET LEVELS.— jected surpluses as efficiently as shrinking the quorum call be rescinded. For purposes of this section, the levels of di- the debt. But as a practical matter, they say, The PRESIDING OFFICER. Without rect spending for a fiscal year shall be deter- such ideas aren’t likely to emerge from the objection, it is so ordered. mined on the basis of estimates made by the legislative sausage grinder in an economi- Mr. DOMENICI. How much time did Committee on the Budget of the Senate. cally rational form. the distinguished Senator from Colo- Mr. CRAIG. Mr. President, as I de- Mr. ALLARD. I say to my colleagues, rado have under the unanimous con- bate this amendment this evening, let this is exactly what my amendment sent agreement? me first recognize my colleague from does, what is talked about in this arti- The PRESIDING OFFICER. He had 45 Colorado, who has just brought before cle. It creates future flexibility to deal minutes remaining. the Senate an almost unbelievable pro- with the impending Social Security Mr. DOMENICI. Remaining? posal. I say that because it is difficult crisis by paying down the debt over 30 Mr. LAUTENBERG. That is with an for us to fathom a savings of $3.7 tril- years. I understand we cannot budget hour allowance. lion to the American taxpayer and to 30 years out—the free market economy Mr. DOMENICI. Yes. future generations in this Nation by does not allow us to do that—but what Mr. President, I ask unanimous con- taking it upon ourselves to pay down we can do is adopt a blueprint for the sent whatever time the Senator has, he the Federal debt over a 30-year period. future, a blueprint that Congress can reserve that time and we set aside his I am proud to support my colleague follow to eliminate the debt and show amendment so Senator CRAIG can in- from Colorado. It is these kinds of ini- the American people, with a little bit troduce an amendment and speak to it. tiatives that I think reflect to the of discipline, we can do that—and a lit- The PRESIDING OFFICER. Without American people that we really are sin- tle bit of accountability. The American objection, it is so ordered. cere about getting the spending habits people know how difficult it is to make Mr. CRAIG addressed the Chair. of this Government, and the debt we a living and pay the home mortgage. The PRESIDING OFFICER. The Sen- have accumulated over the last good Let’s give them a hand by retiring the ator from Idaho. number of years, under control. It is national debt and thereby decrease the Mr. CRAIG. Mr. President, I ask also very reflective of the kind of im- interest rates that we pay on every- unanimous consent the pending amend- pact that controlling deficits and debts thing from a home loan to a student ment be set aside. has on our economy and on our future loan. The PRESIDING OFFICER. Without generations. If somebody asks you, ‘‘How am I objection, it is so ordered. So, in my offering of the amendment going to benefit if you pay down the AMENDMENT NO. 2211 this evening, I am proud the Senator debt?’’ they are going to benefit be- (Purpose: To modify the pay-as-you-go re- from Colorado has joined me along cause we have lower interest rates with quirement of the budget process to require with Senator HELMS, Senator tremendous savings for home loans and that direct spending increases be offset HUTCHISON, Senator INHOFE, Senator student loans. A tax cut would most only with direct spending decreases) GRAMS, and Senator THOMAS. Mine is a certainly be beneficial, but we cannot Mr. CRAIG. Mr. President, I send an similar measure to once again shape cut taxes at the expense of our chil- amendment to the desk and ask for its the spending habits of this Congress. dren’s future and our grandchildren’s immediate consideration. My amendment is entitled the ‘‘Sur- future. I ask that each and every one of The PRESIDING OFFICER. The plus Protection Amendment,’’ because my colleagues join me in this effort clerk will report. it does just that; it protects the surplus and make a commitment to retiring The assistant legislative clerk read from irresponsible spending. the Federal debt by voting to pass this as follows: Current budget policy as we know it, simple, commonsense proposal. The Senator from Idaho [Mr. CRAIG], for pay-as-you-go—so-called PAYGO— Mr. President, if we don’t have any himself, Mr. ALLARD, Mr. GRAMS, Mr. HELMS, budget enforcement rules were estab- further debate on this on either side, I Mr. INHOFE, Mrs. HUTCHISON, and Mr. THOM- lished to help put Washington’s fiscal yield back the time, if that is appro- AS, proposes an amendment numbered 2211. house in order. Since fiscal year 1994, priate at this particular point, so the Mr. CRAIG. Mr. President, I ask the Senate has had a point of order re- Senator from Idaho can be recognized. unanimous consent that reading of the quiring 60 votes to waive against any Mr. DOMENICI. Mr. President, I sug- amendment be dispensed with. legislation which would result in man- gest the Senator not yield back his The PRESIDING OFFICER. Without datory spending increases that would time but, rather, let us set his amend- objection, it is so ordered. increase the deficit. Mandatory spend- ment aside, reserving whatever time he The amendment is as follows: ing in Washington’s version of a fiscal has, and we will proceed with the next At the end of title II, add the following: autopilot. Once enacted, it requires no March 31, 1998 CONGRESSIONAL RECORD — SENATE S2845 further congressional action to oper- My surplus protection amendment cluded that even if the budget were bal- ate. And we know that. We see it hap- establishes a point of order that re- anced through 2002—and that is our pening right here. It is a part of this quires new mandatory spending pro- goal, that is the goal of this budget—if budget resolution. Rather than a per- grams be paid for by mandatory spend- that were true, we would still have a petual motion machine, mandatory ing savings. Let me repeat that. deficit equal to 34 percent of the gross spending is a perpetual spending ma- My amendment establishes a point of domestic product by the year 2050 and chine. It is the Energizer Bunny of order that requires new mandatory the public debt would be 283 percent of budgeting, and it has kept this budget spending programs be paid for by man- the gross domestic product. growing and growing and growing. datory spending savings. In other There will be a demographic shift to What does all of this mean? Any in- words, it would require 60 votes in the an older population. We all know that. crease in mandatory spending must be Senate to create a new mandatory The experts show us that. I am part of paid for with a tax increase, and any spending program that was not funded that. I am a baby boomer. tax cut must be paid for by a manda- by an equivalent mandatory spending In 1995, there were 34 million 65-year- tory spending cut. We wonder why savings. old, or older, citizens. In the year 2030, taxes are high. We wonder why it is so If all of the new mandatory spending there will be twice that number or 68 difficult to cut taxes. Those are the programs had been paid for, as we had million. There will be more elderly. reasons. As anyone can tell, PAYGO— claimed, we would not be facing a fis- They will be living longer and using that is what we call this provision in cal future with exploding spending and Federal services much more inten- its present form—isn’t sufficient. Man- exploding deficits in the outyears. sively. There will be relatively fewer datory spending has increased dramati- Why does this Senate and this coun- workers around to pay all the bills. Let cally and will continue to increase dra- try need the Craig amendment? I think us remember that it is the current matically as far as any of us can sense the current budget path that the Sen- working population that generates the it. ator from New Mexico and all of us economy that pays the bills. According to the Congressional Budg- have worked so hard on is truly In 1950, there were 7.3 workers for et Office, in 1987, mandatory spending unsustainable. As good as a balanced every senior. In 1990, there were 4.8 to accounted for 47 percent of the Federal budget today is, without ever more 1 senior. In the year 2030, there will be budget. In 1997, it accounted for 56 per- fundamental changes, it will not re- 2.8 workers per every 1 senior. cent of the Federal budget, and in the main balanced. And it ought to be our So if that senior is receiving well year 2008 under this budget resolution, goal to at least strive to maintain a over $1,000 a month in Social Security it will account for about 70 percent of balanced budget. benefits and maybe health care bene- the total Federal budget. That this path is unsustainable is no fits, who is paying for it? Those 2.8 Now remember, that is the portion secret. We all know because of what we workers. Divide it up. Count it out. It that is on auto pilot; that is the por- have been told by so many. My col- is pretty obvious how much has to tion that just keeps growing and grow- league, Senator KERREY of Nebraska, come out of their wages on a monthly ing and growing. This means that there who chaired the Bipartisan Commis- basis to transfer it to that senior’s has been and will increasingly be a sion on Entitlement and Tax Reform well-being. crowding out of what the Federal Gov- has said that is impossible to do. The What the demographic shift means is ernment can spend on schools, on General Accounting Office says we can- that spending will rise rapidly relative roads, on law enforcement, and some of not sustain a balanced budget under to revenues. Quoting the Congressional those fundamental things that keep our current scenario, and the Presi- Budget Office: our country operating in a civil way, dent’s own budget office says so. Revenues will be squeezed as the number of the kind of things for which histori- In its most recent report, the Con- people working—and the economy—grows cally our Government was envisioned gressional Budget Office states: more slowly. At the same time, outlays for to have a responsibility. Currently, more than half of the nearly $1.7 Government programs that aid the elderly I believe because of that it is time trillion in Federal spending goes for entitle- will burgeon as the number of people eligible that we try to make a change. Current ments and other mandatory programs (other to receive benefits from those programs estimates are that the budget will be than net interest) . . . As a share of total shoots up. balanced this year, and the budget outlays, mandatory spending has jumped What the fiscal squeeze means, if we chairman, my colleague from New from 32 percent in 1962 to 56 percent in 1997. don’t begin to recognize it now, is enor- Mexico, the senior Senator who has If current policies remain unchanged, such mous deficits. Just at a time when we spending will continue to grow faster than thought the deficit battle was over, done such a marvelous job shaping and other spending, reaching 63 percent of total nurturing and bringing this balanced outlays by the year 2002—or twice the size of when this Congress has battled through budget along, is going to see that that discretionary outlays. Under baseline as- to get to a balanced budget, where we happens. We are going to help him, and sumptions, continued growth in manda- are now, all of a sudden this begins to of that we are proud. tory outlays would raise their share of dramatically shift. We know it will As far as we can see out there, we are the budget to 70 percent by the year happen because the facts, the figures 4 years ahead of schedule on balancing 2008. and the spending programs are already the budget, and I applaud it. I am Last year, the Congressional Budget in law. proud to have been a part of it, and I Office wrote: The deficit last year was less than 1 think it is wonderful for the American [T]his year’s budgetary news should not percent of the gross domestic product people, for our economy, for job cre- lull people into complacency: the retirement of our country. In 2035 it would be 29.8 ation and all that that means. The of the large baby-boom generation is just percent. Let me repeat that. The defi- Senator from New Mexico can be right- over the horizon— cit by the year 2035 will be 29.8 percent fully proud of it, and I know he is. Just beyond where this budget and of the gross domestic product if we However, we must look not just at the all of us can see— don’t begin to shape it down and scale horizon of the current budget, but we .. .If the budgetary pressure from both de- it down. ought to look beyond it, beyond the 4 mography and health care spending is not re- The Federal debt was 50 percent of years. I know we can’t get beyond it in lieved by reducing the growth of expendi- the gross domestic product last year. the budget process, but we can get be- tures or increasing taxes, deficits will mount Now we are talking about debt. It yond it in the policy. We can get be- and seriously erode future economic growth. would be 250 percent by the year 2035. yond it in how we operate moving to- That is the reality of what we deal These are not my figures. These are the ward the future. with. That report concluded, Mr. Presi- projections of the professionals, the To avoid what will happen in the fu- dent: budget professionals—the Congres- ture, we must change the way we work [C]urrent budget policy is unsustainable, sional Budget Office and others—who now. I am proposing, as a modest first and attempting to preserve it would severely look at the long term, who put on the step, that like a good doctor, we first damage the economy. binoculars and look over the horizon to pledge to do no harm, and I believe my How serious are future projections? see what our spending programs must modest first step does no harm. The Congressional Budget Office con- yield to benefit the citizens who are S2846 CONGRESSIONAL RECORD — SENATE March 31, 1998 living today who will be recipients of change it. We are dealing in the short Mr. DOMENICI. I yield myself 5 min- those benefits in the year 2035. term, and we have to deal in the short utes. Those figures I have given you are term first. For that I have already ap- The PRESIDING OFFICER. The Sen- truly unprecedented. We have never plauded the chairman and the ranking ator from New Mexico. had to deal with them before as a per- member, but we have to do more. Mr. CRAIG. Before the chairman centage of the gross domestic product Now is the time for us at least to pre- speaks, let me ask, Mr. President, that of this country. The deficit has been pare for such an action. My amend- Senators SESSIONS and COVERDELL be higher than 10 percent of GDP, but ment takes this first modest step that put on my amendment as original co- only briefly and during a major war. we do no fiscal harm to our children, sponsors. I ask unanimous consent that Not during peace times, not during like a good doctor would. that be done. prosperity, but at a time when we were The first frightening thing in the The PRESIDING OFFICER. Without fighting for the safety and the security CBO report is that it only addresses ex- objection, it is so ordered. of this country. isting programs. It makes plain that Mr. DOMENICI. Mr. President, let me The debt exceeded 100 percent only our children cannot afford them. The just say, when we were attempting to once, briefly during World War II. The existing programs are not now and will come up with a constitutional amend- results, if we were to continue to do not in the future be paid for by our ment that would work with reference this with these projections I have just taxes. We certainly cannot responsibly to a balanced budget, Senator CRAIG given you, would be economic catas- add more. was the leader, and we all worked with trophe. Even to make the burden sus- Regrettably, the President’s budget him in an effort to get an amendment tainable, in CBO’s terminology, allow- adds more: $28 billion in new manda- which controlled spending through con- ing debt to rise but keeping it at a con- tory spending, $118 billion in total new trolling the amount of debt that could stant to the gross domestic product spending, and $43 billion less in surplus be issued. And, frankly, that was a lot rate would have dire consequences. In that would be saved for Social Security better approach than many before it other words, we can’t just sustain as the President himself has called for. because it was actually doable, it was My amendment will not affect a sin- where we are. We have to begin to back achievable, and it was understandable. gle beneficiary for a single existing away from where we are and do so over And it controlled spending in the program. My amendment will not even an extended period of time. The tax right way, because essentially spending affect anyone who would be qualified in burden would have to increase 20 per- is one thing, but spending when you do the future for one of these programs. cent above where it is today just to not have the money is another thing. My amendment will not prevent a tax continue running deficits and adding And we have such a powerful country increase in order to reduce deficits. debt. that we can borrow and borrow and And my amendment will not even pre- Of course, some will say that this borrow. It is just in recent years that vent a new spending program if a new budget agreement solves the problem. I we have finally got a hold of our senses program is so important that there is a wish it did. It solves the problem in the and have taken such a lead in the supermajority, 60 votes in this body, to short term, and for that we are proud. world, the industrial world where we bring about a new spending program. For that all of us who vote for it and have competition and capitalism and This amendment should appeal to ev- support it and support the chairman in free enterprise. We have taken such a eryone serious about deficits. It will what he is bringing before us ought to lead of late because we are getting our merely make sure that there is an be proud. We have a right to be. But it debt under control. overwhelming demand for a new pro- is within the short term. It is in the I think it is fair to say we are also gram before we create it. getting our entitlement programs foreseeable future. These are shared goals. By all 66 who under control. We have never before, It is certainly an improvement, but supported the balanced budget amend- before the last decade, been so con- it only delays the same scenario that I ment to the Constitution last year. By cerned—and rightly so—about entitle- have just sketched out. According to even those who opposed it because it the CBO, even if the budget is balanced included Social Security. For whatever ment programs as part of the package through the year 2010—and that is the purpose people want to use the surplus, of expenditures that make up our budg- Congressional Budget Office speaking— they must first be protected. My et for which we either pay or, if we do it will take less than 15 years to reach amendment not only protects them not have enough tax receipts, for which the scenario that I have just projected, now but will for the future. Because we borrow. And while I am not certain and that is a debt that consumes over mandatory spending has historically that I will support the amendment ex- 250 percent of the gross domestic prod- failed to adhere to estimates, we must actly as it is—I have not made up my uct of this country. offset new mandatory spending with mind—I do think it is welcome here on The Congressional Budget Office mandatory savings. the floor, because we have been talking states: Good-faith first steps are something about a lot of new entitlements in an Regardless of how the budget is balanced that we should all come together on. era where we are proud of balanced in the near term, additional budgetary ac- So I urge my colleagues to take a look budgets and an era of surpluses. tion. . .would still be needed to put the into the future to recognize those fig- While they are not totally inconsist- budget on a sustainable path. ures that are very real, that no one dis- ent—to be talking about an era of sur- I am offering, as I said, a modest first putes, whether it is the President’s pluses and balanced budgets for many, step. The year 2030 and the year 2050 budget estimators or whether it is our many decades—it is obvious that the are unreal to any of us on this floor. Congressional Budget Office. My biggest danger is new entitlement pro- But if there are any young people in amendment is a modest first step to grams. And since we cannot increase the galleries tonight, it is their budget. look beyond the horizon of a balanced discretionary programs, as the Senator It will be their Government. It will be budget, to recognize that our current well knows, because we finally found a their responsibility to run it. And it spending programs produce deficits and way with the caps and the automatic will be their responsibility to pay for debts in the future that we have not sequester at the end of the year—found it. The Congressional Budget Office yet devised a method to respond to. a way to control them, and everybody paints such an alarming picture that And I would suggest, Mr. President, now expects us to, the next front is to even the authors cannot imagine it, that my amendment would attempt to increase entitlements and in some way and they write this: do just that. find money to pay for them, but that Policymakers would surely take action be- With that, I have spoken about this will just make a much bigger, bigger fore the economy was driven to such dire issue all that I would care to tonight. I budget and it will be more and more straits. would be happy to reserve the balance dangerous than even if you increase So even those who analyze it are of my time if no one else wishes to discretionary spending. willing to say surely those of us—that’s speak to this issue this evening. If you increase discretionary spend- me, that’s you, Mr. President—as pol- Mr. DOMENICI addressed the Chair. ing 1 year, you don’t have to the next icymakers would never allow this to The PRESIDING OFFICER. Who year. But if you increase entitlements, happen. But we are not taking steps to yields time? you have to change entitlements. If March 31, 1998 CONGRESSIONAL RECORD — SENATE S2847 your estimating is wrong, you have to I share the Senator’s view. I would We say, yes it is. We all kind of believe have an amendment. By then, you have like to see us paying off the debt. I am that on a unified budget basis we are people who have been receiving the en- one of those who said, yes, I want to going to be seeing a slight surplus in titlement; right? Not so easy to shore up Social Security. And how are the very short period. So I hope our change. we going to do it? We are going to do colleagues will stand up and say no to So I commend you on the thrust of it by paying down the debt. The Presi- limiting our ability to use our heads, the amendment and the remarks to- dent has forecast over $1 trillion worth to use our judgment, to take the risk night. I think they are welcome in the of surpluses over the next 10 years. of our votes and to see if we can do debate we have had for the last 2 years. That is a pretty encouraging pre- things without limiting our ability to Mr. CRAIG addressed the Chair. diction. act. The PRESIDING OFFICER. The Sen- So, I hope we will continue this de- I yield the floor. ator from Idaho. bate on the morrow, because I think Mr. DOMENICI addressed the Chair. Mr. CRAIG. Let me thank the chair- there are other people here who would The PRESIDING OFFICER. The Sen- man of the Senate Budget Committee also want to comment. ator from New Mexico. for those remarks. I think they are Mr. President, I do not think we Mr. DOMENICI. I think we are about candid and appropriate to the very es- ought to ever lock ourselves into ready, as soon as the clock strikes 10 sence of my own that, at a time when straitjackets to say that you cannot do o’clock, to recess. I think I have a long we have an opportunity to begin to this unless you do that. We are sent enough list of unanimous consent re- shape control over mandatory spend- here to exercise judgment. And when I quests for all those wonderfully glow- ing, we ought to take a look at this hear the speeches of some of my col- ing, smiling faces lined up alongside of time, and we can do that in a unique leagues, I say, well, we sound like a the dais there. We will be 1 minute or period in our Nation’s history which we bunch of recalcitrant children who 2 past 10 before we finish. all fought to get to. So I thank my col- have to be locked in a corner or put in Mr. President, on behalf of the lead- league for those comments. our seats, or we are so bad—why can’t er, I ask unanimous consent that the I ask to retain the balance of my we control ourselves? I do not see it vote in relationship to the Conrad time. that way. amendment No. 2174 now occur at 2 Mr. DOMENICI. I understand the I must tell you, I have great respect p.m., with no second-degree amend- amendment will take its place among for those that I disagree deeply with ments in order prior to the vote. The PRESIDING OFFICER. Without the many amendments which will be at here. They are sent here to represent a some point appropriately sequenced for objection, it is so ordered. constituency who thinks that these Mr. DOMENICI. I also ask unanimous votes. people, the Senators in this Chamber, consent that when the Senate resumes Does the Senator from New Jersey are going to carry a point of view that wish to speak? the budget resolution on Wednesday, they share. And if not, there is a test there be 20 hours remaining under the Mr. LAUTENBERG. Mr. President, I that comes every 6 years. And you can listened with interest and do not want overall statutory time limitation. And, see what happens. You have either finally, I ask unanimous consent that to enlarge the debate at this time. Ob- passed the test or you have flunked it; viously, the hour is late, but I listened when the Senate resumes the resolu- it is very decisive. tion on Wednesday, the Coverdell with a degree of interest and care to But with all of that, I just do not see amendment No. 2199 be the pending the comments of the Senator from this, if I might call it, self-flagellation, Idaho. And we have this debate some- business. this beating of ourselves. Look at the The PRESIDING OFFICER. Without times that centers around whether the facts. The economy is really good. I objection, it is so ordered. glass is half empty or half full. And we know that I feel better about my chil- f are looking at the same matrix, but I dren’s future now than I did a few years see it differently. I do not see a nation ago. I think we have proven one thing. MORNING BUSINESS out of control. I do not see an economy And some would say, well, we have not, Mr. DOMENICI. Mr. President, I ask that is in great jeopardy. I do not de- Alan Greenspan has. He is part of our unanimous consent that there now be a spair over what is taking place in our crowd, whether we think we are in his period for the transaction of morning economic structure. Yes, we are paying league or not. business. more taxes in total, but that is because The fact of the matter is, we have in- The PRESIDING OFFICER. Without people’s incomes have gone up and thus flation under control—something that objection, it is so ordered. they are paying a larger share of the was hard to believe could be done, and f tax burden than they used to pay. has not caused deflation, has not But when we look at a time when the caused a crisis. Things are going along WOMEN’S HISTORY MONTH: TRIB- unemployment rate compares to all- very well. UTE TO SISTER MAURICE CROW- time lows, when we see inflation so So I hope, Mr. President, we will LEY well controlled, when we see the in- have a chance to chat about this a lit- Mr. DASCHLE. Mr. President, today vestment climate in our country so ap- tle bit tomorrow, and I hope we will be is the last day of Women’s History petizing, no one knows when this is able to encourage our colleagues to Month.’’ Throughout the month of going to change, but the fact of the vote against the Craig amendment, to March, we’ve paid tribute to the vision matter is, lots of people, lots of hard- say that we do not have to put on the of women like Elizabeth Cady Stanton, working, what we will call modest-in- handcuffs and apologize for our behav- Lucretia Mott and Susan B. Anthony, come people, have made good returns ior. I do not think I do everything the founders of the first Women’s on their investments. And, Lord will- right, but I know one thing: I work at Rights Convention 150 years ago in ing, they will be protected. what I do. And so does everybody else Seneca Falls, New York. We’ve recog- But why is all that taking place? here. nized the historic achievements and Why has the stock market galloped up I do not think there is anybody here celebrated the legacies of Ameila Ear- like it has? It is not simply because who shirks their responsibility, who hart, Marion Anderson, Eleanor Roo- there is some kind of a speculation does not take it seriously. And I do not sevelt, Dolores Huerta and hundreds of fever out there. A lot of it has to do think I have to be put in a corner like other American leaders. with the fact that the United States is a child and told, well, you are not During Women’s History Month, it is the most attractive investment coun- going to be allowed to do this unless also appropriate that we pay tribute to try in the world. People feel secure. you do that; you are not going to be al- the countless American women whose They know if they invest in America lowed to spend money. How do we names and great works are known only that they have a better chance of keep- know when the crisis is coming? to their families, neighbors and friends. ing their money safe and getting a re- We have done the things we said we These women may not grace the pages turn than any other place because of ought to do. We have a balanced budg- of history books, but their contribu- the structure of our financial being. We et. I think we are all proud of that. We tions as mothers, teachers, entre- cannot ignore these things. can argue whether it is CBO balanced. preneurs, farmers, and scientists have S2848 CONGRESSIONAL RECORD — SENATE March 31, 1998 shaped the direction and progress of became the NCAA national basketball Recently, he was honored by Breast this great country. champions. One of our very own, an Cancer Action for his leadership of the In my own state of South Dakota, employee of the United States Senate, Men’s Campaign Against Breast Can- women of the plains have a long his- Mr. Donnee Gray, was at that game— cer. He has also been a leader for tory of facing challenges with self-reli- not as a player or as a spectator, but as human rights in his capacity as a di- ance and fortitude. Courageous women an official. rector of the Human Rights Campaign pioneers worked alongside fathers, hus- Mr. Gray has worked in the Senate Foundation. bands, and brothers to clear land, build Library for 22 years, diligently helping Jim Hormel is also a renowned phi- homesteads, and establish schools, Senate staffs with legislative and legal lanthropist, and he has supported an businesses and towns. In 1998, the research. His expertise is well known impressively diverse array of causes, women of South Dakota continue to and respected. including the American Indian College build upon the legacy left by their For more than a decade, Mr. Gray Fund, the United Negro College Fund, foremothers of strong families and a also has been officiating basketball Jewish Family and Children’s Services, better life for future generations. games at various levels of competi- the Catholic Youth Organization, the Sadly, we lost one such woman this tion—from Olympic and international NAACP, the San Francisco Symphony, year. But the spirit of Sister Maurice tournaments to NCAA Division I col- the San Francisco Museum of Modern Crowley of Aberdeen, South Dakota lege games. During the past several Art, the San Francisco Public Library, will remain alive in the hearts of all years, Mr. Gray has been honored by the San Francisco Ballet, and the Vir- who knew her. Her legacy of laughter, the NCAA by being chosen to officiate ginia Institute of Autism. joy and a lifelong commitment to edu- the first round of the tournament. This It was entirely fitting that the Sen- cation continues on in those whose year, Mr. Gray’s involvement in March ate Foreign Relations Committee over- lives she touched. As one of her first Madness began with the first round, whelmingly approved his nomination grade students more than forty years continued in the Sweet Sixteen round last November. At the time, no Senator ago, I am one of those people. and culminated last night in the final spoke in opposition. Only after the Sister Crowley was an incredible game. The NCAA’s selection of Mr. meeting did two Senators ask to be re- human being blessed with great Gray exemplifies his judgment and in- corded against the nomination. warmth, sharp wit and Irish charm. tegrity, as well as his superior knowl- I share the concern expressed by With characteristic humor Sister Mau- edge of the game and its rules. other strong supporters of this nomina- rice Crowley used to joke, God created This really is a remarkable achieve- tion that action on Jim Hormel’s con- Adam, stepped back, took a look, and ment by a remarkable and talented firmation is being delayed because he said, ‘‘I can do better than that.’’ Man young man. We are proud of Mr. Gray is gay. Delay on that basis would be ir- or woman, we all benefit when we pay and congratulate him on his selection responsible and unacceptable. Preju- respect and honor those who make a as an official in the national champion- dice based on sexual orientation should difference in others’ lives. It is with ship NCAA basketball game. We also have no place in this debate, no place great respect and admiration that I thank him for his outstanding work in the Senate, and no place in America. pay personal tribute to Sister Maurice here in the United States Senate. It is long past time for the Senate to Crowley during Women’s History f vote on this nomination. Jim Hormel Month. NOMINATION OF JAMES C. will be an excellent ambassador for the f HORMEL AS AMBASSADOR TO United States, and deserves to be con- firmed as soon as possible. THE VERY BAD DEBT BOXSCORE LUXEMBOURG f Mr. HELMS. Mr. President, at the Mr. KENNEDY. Mr. President, I urge close of business yesterday, Monday, the Majority Leader to schedule a vote MESSAGES FROM THE PRESIDENT March 30, 1998, the federal debt stood at on the nomination of James Hormel as Messages from the President of the $5,545,895,416,499.33 (Five trillion, five U.S. Ambassador to Luxembourg. United States were communicated to hundred forty-five billion, eight hun- Jim Hormel is a man of outstanding the Senate by Mr. Williams, one of his dred ninety-five million, four hundred qualifications with a clear and deep secretaries. commitment to public service, the pro- sixteen thousand, four hundred ninety- EXECUTIVE MESSAGES REFERRED motion of human rights, and the na- nine dollars and thirty-three cents). As in executive session the Presiding tional interests of the United States. Five years ago, March 30, 1993, the Officer laid before the Senate messages America would be well served to have a federal debt stood at $4,225,653,000,000 from the President of the United leader of his high caliber representing (Four trillion, two hundred twenty-five States submitting sundry nominations this country in Luxembourg. billion, six hundred fifty-three mil- which were referred to the Committee On the international level, he has re- lion). on the Judiciary. cently completed his term as Alternate Ten years ago, March 30, 1988, the (The nominations received today are Representative of the U.S. Delegation federal debt stood at $2,487,434,000,000 printed at the end of the Senate pro- to the 51st Session of the United Na- (Two trillion, four hundred eighty- ceedings.) seven billion, four hundred thirty-four tions General Assembly. He was con- f million). firmed by the Senate for that position Fifteen years ago, March 30, 1983, the in 1997. He was also a member of the REPORTS CONCERNING B–2 BOMB- federal debt stood at $1,235,145,000,000 U.S. Delegation to the United Nations ERS—MESSAGE FROM THE (One trillion, two hundred thirty-five Human Rights Commission. In 1995 he PRESIDENT—PM 116 participated in President Clinton’s billion, one hundred forty-five million) The PRESIDING OFFICER laid be- Conference on the Pacific Rim. which reflects a debt increase of more fore the Senate the following message Jim Hormel is a talented lawyer who than $4 trillion—$4,310,750,416,499.33 from the President of the United has shown his commitment to public (Four trillion, three hundred ten bil- States, together with an accompanying service by establishing the James C. lion, seven hundred fifty million, four report; which was referred to the Com- Hormel Public Service Program at the hundred sixteen thousand, four hun- mittee on Armed Services. dred ninety-nine dollars and thirty- University of Chicago. This program is three cents) during the past 15 years. designed to encourage law students to To the Congress of the United States: f enter careers in public service. In accordance with the Department Jim Hormel is also a dedicated and of Defense Appropriations Act, 1998, MR. DONNEE GRAY energetic community activist. He was Public Law 105–56 (1997), and section 131 Mr. DASCHLE. Mr. President, last instrumental in developing resources of the National Defense Authorization night millions of people across the for organizations serving people af- Act for Fiscal Year 1998, Public Law country sat in their living rooms and fected by HIV and AIDS, and he serves 105–85 (1997), I certify to the Congress at friends’ houses, transfixed to the tel- on the board of directors of the Amer- that no additional B–2 bombers should evision sets as the Kentucky Wildcats ican Foundation for AIDS Research. be procured during this fiscal year. March 31, 1998 CONGRESSIONAL RECORD — SENATE S2849 After considering the recommenda- exchange of Federal and private mineral in- law, the report under the Government in the tions of the Panel to Review Long- terests to enhance land management capa- Sunshine Act for calendar year 1997; to the Range Air Power and the advice of the bilities and environmental and wildlife pro- Committee on Governmental Affairs. EC–4462. A communication from the Sec- Secretary of Defense, I have decided tection, and for other purposes. At 4:54 p.m., a message from the retary of the Department of Agriculture, that the $331 million authorized and transmitting, a draft of proposed legislation appropriated for B–2 bombers in Fiscal House of Representatives, delivered by entitled ‘‘Federal Meat and Poultry Employ- year 1998 will be applied as follows: $174 Mr. Hays, one of its reading clerks, has ees Pay Act of 1998’’; to the Committee on million will be applied toward complet- announced that the House has passed Governmental Affairs. ing the planned Fiscal Year 1998 base- the following bill, in which it requests EC–4463. A communication from the Fed- the concurrence of the Senate: eral Register Liaison Officer, Office of Thrift line modification and repair program Supervision, Department of the Treasury, H.R. 3579. An act making emergency sup- and $157 million will be applied toward transmitting, pursuant to law, the report of plemental appropriations for the fiscal year further upgrades to improve the a rule received on March 30, 1998; to the Com- deployability, survivability, and main- ending September 30, 1998, and for other pur- mittee on Banking, Housing, and Urban Af- tainability of the current B–2 fleet. poses. fairs. Using the funds in this manner will en- f EC–4464. A communication from the Legis- sure successful completion of the base- lative and Regulatory Activities Division, MEASURES REFERRED Comptroller of the Currency, Administrator line modification and repair program The following bills were read the first of National Banks, transmitting, pursuant to and further enhance the operational and second times by unanimous con- law, the report of a rule received on March combat readiness of the B–2 fleet. sent and referred as indicated: 30, 1998; to the Committee on Banking, Hous- The Panel to Review Long-Range Air ing, and Urban Affairs. H.R. 34. An act to amend the Federal Elec- EC–4465. A communication from the Chief Power also provided several far-reach- tion Campaign Act of 1971 to prohibit indi- ing recommendations for fully exploit- of the Regulations Unit, Internal Revenue viduals who are not citizens of the United Service, Department of the Treasury, trans- ing the potential of the current B–1, B– States from making contributions or expend- mitting, pursuant to law, the report of Reve- 2, and B–52 bomber force, and for up- itures in connection with an election for nue Ruling 98:20 received on March 30, 1998; grading and sustaining the bomber Federal office; to the Committee on Rules to the Committee on Finance. force for the longer term. These longer and Administration. EC–4466. A communication from the Chief term recommendations warrant careful H.R. 2186. An act to authorize the Sec- of the Regulations Unit, Internal Revenue review as the Department of Defense retary of the Interior to provide assistance Service, Department of the Treasury, trans- to the National Historic Trails Interpretive prepares its Fiscal Year 2000–2006 Fu- mitting, pursuant to law, the report of Reve- Center in Casper, Wyoming; to the Commit- nue Procedure 98:27 received on March 30, ture Years Defense Program. tee on Energy and Natural Resources. 1998; to the Committee on Finance. WILLIAM J. CLINTON. H.R. 2786. An act to authorize additional EC–4467. A communication from the Direc- THE WHITE HOUSE, March 31, 1998. appropriations for the Department of De- tor of the Office of Regulatory Management f fense for ballistic missile defenses and other and Information, U.S. Environmental Pro- measures to counter the emerging threat tection Agency, transmitting, pursuant to MESSAGES FROM THE HOUSE posed to the United States and its allies in law, the report of three rules received on At 12:04 p.m., a message from the the Middle East and Persian Gulf region by March 26, 1998; to the Committee on Environ- the development and deployment of ballistic ment and Public Works. House of Representatives, delivered by missiles by Iran; to the Committee on Armed EC–4468. A communication from the Direc- Ms. Goetz, one of its reading clerks, Services. tor of the Office of Regulatory Management has announced that the House has H.R. 3113. An act to reauthorize the Rhi- and Information, U.S. Environmental Pro- passed the following bills, in which it noceros and Tiger Conservation Act of 1994; tection Agency, transmitting, pursuant to requests the concurrence of the Senate: to the Committee on Environment and Pub- law, the report of a rule entitled ‘‘Emission H.R. 34. An act to amend the Federal Elec- lic Works. Standards for Locomotives and Locomotive tion Campaign Act of 1971 to prohibit indi- H.R. 3582. An act to amend the Federal Engines’’; to the Committee on Environment viduals who are not citizens of the United Election Campaign Act of 1971 to expedite and Public Works. EC–4469. A communication from the Assist- States from making contributions or expend- the reporting of information to the Federal ant Secretary of State (Legislative Affairs), itures in connection with an election for Election Commission, to expand the type of transmitting, pursuant to law, the reports of Federal office. information required to be reported to the twelve notices of proposed issuances of ex- H.R. 2186. An act to authorize the Sec- Commission, to provide the effective enforce- port licenses; to the Committee on Foreign retary of the Interior to provide assistance ment of campaign laws by the Commission, Relations. to the National Historic Trails Interpretive and for other purposes; to the Committee on Rules and Administration. EC–4470. A communication from the Assist- Center in Casper, Wyoming. ant Secretary of State (Legislative Affairs), f H.R. 2786. An act to authorize additional transmitting, pursuant to law, the Memoran- appropriations for the Department of De- EXECUTIVE AND OTHER dum of Justification relative to the Govern- fense for ballistic missile defenses and other COMMUNICATIONS ment of Georgia; to the Committee on For- measures to counter the emerging threat eign Relations. posed to the United States and its allies in The following communications were EC–4471. A communication from the Sec- the Middle East and Persian Gulf region by laid before the Senate, together with retary of State, transmitting, pursuant to the development and deployment of ballistic accompanying papers, reports, and doc- law, the report of voting practices at the missiles by Iran. uments, which were referred as indi- United Nations for the calender year 1997; to H.R. 3113. An act to reauthorize the Rhi- cated: the Committee on Foreign Relations. noceros and Tiger Conservation Act of 1994. EC–4472. A communication from the Assist- H.R. 3301. An act to amend chapter 51 of EC–4458. A communication from the Ad- ant Legal Adviser for Treaty Affairs, Depart- title 31, United States Code, to allow the ministrator of the Agricultural Marketing ment of State, transmitting the report of the Secretary of the Treasury greater discretion Service, Department of Agriculture, trans- texts of international agreements, other with regard to the placement of the required mitting, pursuant to law, the report of a rule than treaties, and background statements; inscriptions on quarter dollars issued under received on March 30, 1998; to the Committee to the Committee on Foreign Relations. the 50 States Commemorative Coin Program. on Agriculture, Nutrition, and Forestry. EC–4473. A communication from the Assist- H.R. 3582. An act to amend the Federal EC–4459. A communication from the Chair- ant Secretary of State (Legislative Affairs), Election Campaign Act of 1971 to expedite man of the Federal Prison Industries, De- transmitting, pursuant to law, the report of the reporting of information to the Federal partment of Justice, transmitting, pursuant the U.S. Government voluntary contribu- Election Commission, to expand the type of to law, the annual report for the calender tions to international organizations for the information required to be reported to the year 1997; to the Committee on the Judici- period April 1 through September 30, 1997; to Commission, to provide the effective enforce- ary. the Committee on Foreign Relations. ment of campaign laws by the Commission, EC–4460. A communication from the Acting EC–4474. A communication from the Comp- and for other purposes. Assistant Attorney General, transmitting, a troller of the Under Secretary of Defense, The message further announced that draft of proposed legislation entitled ‘‘Drug transmitting, pursuant to law, the report Testing, Intervention and Trafficking Reduc- the House has passed the following bill, relative to the AV-8B aircraft programs; to tion Within Prisons Act of 1998’’; to the Com- the Committee on Armed Services. without amendment: mittee on the Judiciary. EC–4475. A communication from the Direc- S. 750. An act to consolidate certain min- EC–4461. A communication from the Chair- tor of Defense Procurement (Acquisition and eral interests in the National Grasslands in man of Board of Governors of the Federal Technology), Office of the Under Secretary Billings County, North Dakota, through the Reserve System, transmitting, pursuant to of Defense, transmitting, pursuant to law, S2850 CONGRESSIONAL RECORD — SENATE March 31, 1998 the report of a rule received on March 24, EC–4490. A communication from the Gen- to the Tustumena Lake Sockeye Salmon 1998; to the Committee on Armed Services. eral Counsel, Office of the Secretary of Fisheries Enhancement Project; to the Com- EC–4476. A communication from the Direc- Transportation, transmitting, pursuant to mittee on Environment and Public Works. tor of Defense Procurement (Acquisition and law, the reports of forty-four rules received POM–237. A resolution adopted by the Technology), Office of the Under Secretary on March 26, 1998; to the Committee on Com- Board of Directors of the Dade League of Cit- of Defense, transmitting, pursuant to law, merce, Science, and Transportation. ies relative to coastal beach erosion; to the the report of a rule received on March 24, EC–4491. A communication from the Dep- Committee on Environment and Public 1998; to the Committee on Armed Services. uty Associate Administrator for Procure- Works. EC–4477. A communication from the Direc- ment, National Aeronautics and Space Ad- POM–238. A resolution adopted by the tor of Defense Procurement (Acquisition and ministration, transmitting, pursuant to law, Mayor and Board of Trustees of the Village Technology), Office of the Under Secretary the report of a rule received on March 24, of Westmont, DuPage County, Illinois rel- of Defense, transmitting, pursuant to law, 1998; to the Committee on Commerce, ative to proposed stronger air quality stand- the report of a rule received on March 24, Science, and Transportation. ards; to the Committee on Environment and 1998; to the Committee on Armed Services. EC–4492. A communication from the Dep- Public Works. EC–4478. A communication from the Acting uty Associate Administrator for Procure- POM–239. A resolution adopted by the City Assistant Secretary (Health Affairs) and the ment, National Aeronautics and Space Ad- of Brooksville, Florida relative to the Inter- Assistant Secretary of Defense (Reserve Af- ministration, transmitting, pursuant to law, modal Surface Transportation Efficiency fairs), transmitting jointly, pursuant to law, the report of a rule received on March 24, Act; to the Committee on Environment and the report relative to members of the reserve 1998; to the Committee on Commerce, Public Works. POM–240. A resolution adopted by the components; to the Committee on Armed Science, and Transportation. Services. EC–4493. A communication from the Acting President and Board of Trustees of the Vil- EC–4479. A communication from the Sec- lage of Willowbrook, DuPage County, Illinois Director of the Office of Sustainable Fish- retary of Defense, transmitting, pursuant to relative to proposed stronger air quality eries, National Marine Fisheries Service, De- law, the report relative to Vessel War-Risk standards; to the Committee on Environ- partment of Commerce, transmitting, pursu- Insurance Program; to the Committee on ment and Public Works. ant to law, the report of a rule received on Armed Services. POM–241. A resolution adopted by the EC–4480. A communication from the Assist- March 24, 1998; to the Committee on Com- Board of Supervisors, County of Los Angeles, ant Secretary (Legislative Affairs), Depart- merce, Science, and Transportation. California relative to military; to the Com- ment of State, transmitting, pursuant to EC–4494. A communication from the Acting mittee on Veterans’ Affairs. Director of the Office of Sustainable Fish- law, a report of property transfer; to the f Committee on Armed Services. eries, National Marine Fisheries Service, De- EC–4481. A communication from the Direc- partment of Commerce, transmitting, pursu- INTRODUCTION OF BILLS AND tor of Administration and Management, Of- ant to law, the report of a rule received on JOINT RESOLUTIONS March 24, 1998; to the Committee on Com- fice of the Secretary of Defense, transmit- The following bills and joint resolu- ting, pursuant to law, the report of a rule en- merce, Science, and Transportation. titled ‘‘DOD Grant and Agreement Regula- EC–4495. A communication from the Dep- tions were introduced, read the first tions’’ received on March 25, 1998; to the uty Assistant Administrator for Fisheries, and second time by unanimous con- Committee on Armed Services. National Marine Fisheries Service, Depart- sent, and referred as indicated: ment of Commerce, transmitting, pursuant EC–4482. A communication from the Sec- By Mr. SHELBY (for himself and Mr. to law, the report of a rule received on retary of Labor, transmitting, pursuant to SESSIONS): law, the report entitled ‘‘Pension Plans for March 24, 1998; to the Committee on Com- S. 1883. A bill to direct the Secretary of the Professional Boxers’’; to the Committee on merce, Science, and Transportation. Interior to convey the Marion National Fish Commerce, Science, and Transportation. EC–4496. A communication from the Dep- Hatchery and the Claude Harris National EC–4483. A communication from the Na- uty Assistant Administrator for Fisheries, Aquacultural Research Center to the State tional Marine Fisheries Service, Department National Marine Fisheries Service, Depart- of Alabama, and for other purposes; to the of Commerce, transmitting, pursuant to law, ment of Commerce, transmitting, pursuant Committee on Environment and Public the report of a rule received on March 24, to law, the report of a rule received on Works. 1998; to the Committee on Commerce, March 24, 1998; to the Committee on Com- By Mr. ROBERTS: Science, and Transportation. merce, Science, and Transportation. S. 1884. A bill to amend the Commodity Ex- EC–4484. A communication from the Direc- EC–4497. A communication from the Dep- change Act to remove the prohibition on ag- tor of Sustainable Fisheries, National Ma- uty Assistant Administrator for Fisheries, ricultural trade options outside contract rine Fisheries Service, Department of Com- National Marine Fisheries Service, Depart- markets; to the Committee on Agriculture, merce, transmitting, pursuant to law, the re- ment of Commerce, transmitting, pursuant Nutrition, and Forestry. port of a rule received on March 24, 1998; to to law, the report of a rule received on By Mr. D’AMATO (for himself, Mr. the Committee on Commerce, Science, and March 24, 1998; to the Committee on Com- ROCKEFELLER, Mrs. HUTCHISON, Mrs. Transportation. merce, Science, and Transportation. FEINSTEIN, and Mrs. BOXER): EC–4485. A communication from the Sec- f S. 1885. A bill to amend the Internal Reve- retary of Transportation, transmitting, a nue Code of 1986 to provide for a medical in- draft of proposed legislation entitled ‘‘Mari- PETITIONS AND MEMORIALS novation tax credit for clinical testing re- time Administration Authorization Act for The following petitions and memori- search expenses attributable to academic Fiscal Years 1999 and 2000’’; to the Commit- als were laid before the Senate and medical centers and other qualified hospital tee on Commerce, Science, and Transpor- were referred or ordered to lie on the research organizations; to the Committee on tation. Finance. EC–4486. A communication from the Sec- table as indicated on October 1, 1997: By Mr. DURBIN (for himself and Ms. retary of Transportation, transmitting, pur- POM–231. A resolution adopted by the MOSELEY-BRAUN): suant to law, the report of a rule received on Mayor and Councilmen of the City of Oak S. 1886. A bill to designate the facility of March 24, 1998; to the Committee on Com- Ridge, Tennessee relative to the Land and the United States Postal Service located at merce, Science, and Transportation. Water Conservation Fund; to the Committee 3750 North Kedzie Avenue in Chicago, Illi- EC–4487. A communication from the Acting on Appropriations. nois, as the ‘‘Daniel J. Doffyn Post Office Secretary of the Interior for Fish and Wild- POM–232. A resolution adopted by the Building’’; to the Committee on Govern- life and Parks, transmitting, pursuant to Mayor and Council of the City of Hialeah, mental Affairs. law, the report of a rule entitled ‘‘Rec- Florida relative to the HABDI Project; to By Mrs. FEINSTEIN (for herself, Mr. reational Fishing, Shenandoah National the Committee on Armed Services. TORRICELLI, Mr. KENNEDY, Mr. DUR- Park’’ (RIN1024-AC33) received on March 30, POM–233. A resolution adopted by the BIN, Mr. LAUTENBERG, and Mr. BUMP- 1998; to the Committee on Energy and Natu- Township Committee of Freehold, New Jer- ERS): ral Resources. sey relative to ocean dumping; to the Com- S. 1887. A bill to ban the importation of EC–4488. A communication from the Acting mittee on Environment and Public Works. large capacity ammunition feeding devices, Director of the Minority Business Develop- POM–234. A resolution adopted by the and to extend the ban on transferring such ment Agency, Department of Commerce, Council of the City of El Segundo, California devices to those that were manufactured be- transmitting, pursuant to law, the report of relative to truck trailers; to the Committee fore the ban became law; to the Committee a rule received on March 24, 1998; to the Com- on Environment and Public Works. on the Judiciary. mittee on Commerce, Science, and Transpor- POM–235. A resolution adopted by the As- By Mr. GREGG (for himself and Mr. tation. sembly of the Kenai Peninsula Borough LIEBERMAN): EC–4489. A communication from the Gen- (Alaska) relative to the Tustumena Lake S. 1888. A bill to establish a moratorium on eral Counsel, Office of the Secretary of Sockeye Salmon Fisheries Enhancement exactions that would interfere with the flow Transportation, transmitting, pursuant to Project; to the Committee on Environment of commerce via the Internet, to establish a law, the reports of nine rules received on and Public Works. commission to develop a uniform set of defi- March 24, 1998; to the Committee on Com- POM–236. A resolution adopted by the nitions and principles for State and local ju- merce, Science, and Transportation. Council of the City of Kanai, Alaska relative risdictions to utilize regarding regulation March 31, 1998 CONGRESSIONAL RECORD — SENATE S2851 and taxation of commercial transaction on recognize the contributions of public health I will continue to support legislative the Internet, and for other purposes; to the and prevention services to this Nation and efforts to allow all interested parties— Committee on Commerce, Science, and celebrate ‘‘National Public Health Week’’ commodities exchanges included—to Transportation. during the week of April 6 through April 12, sell a wider variety of financial prod- 1998; to the Committee on the Judiciary. By Mr. HARKIN (for himself, Mr. ucts. In fact, I continue to be frus- CHAFEE, and Mr. GRAHAM): f S. 1889. A bill to reduce tobacco use by trated with the CFTC’s unwillingness children and others through an increase in STATEMENTS ON INTRODUCED to provide organized exchanges with the cost of tobacco products, the imposition BILLS AND JOINT RESOLUTIONS the same basic business opportunities of advertising and marketing limitations, as- By Mr. ROBERTS: available to over-the-counter brokers. suring appropriate tobacco industry over- S. 1884. A bill to amend the Commod- This bias is unfortunate and counter- sight, expanding the availability of tobacco productive to both buyers and sellers of use cessation programs, and implementing a ity Exchange Act to remove the prohi- bition on agricultural trade options commodities. strong public health prevention and edu- At the same time, overly restrictive outside contract markets; to the Com- cation strategy that involves the private sec- regulations are preventing America’s mittee on Agriculture, Nutrition, and tor, schools, States, and local communities; farmers and ranchers from receiving read the first time. Forestry. the new, innovative products they By Mr. DASCHLE (for himself, Mr. THE TRADE OPTIONS FOR FARMERS AND KENNEDY, Mrs. BOXER, Mr. DODD, Ms. need. The CFTC ban on over-the- RANCHERS ACT counter agriculture options has been MIKULSKI, Mrs. FEINSTEIN, Mr. DUR- Mr. ROBERTS. Mr. President, today maintained in order to ‘‘save farmers BIN, Mr. REED, Mr. INOUYE, Mr. I am pleased to introduce the Trade from themselves.’’ The argument here TORRICELLI, Mr. KERRY, Ms. Options for Farmers and Ranchers Act MOSELEY-BRAUN, Mr. WYDEN, Mr. is that farmers, grain elevators and (TOFRA). This legislation will provide LAUTENBERG, Mr. ROCKEFELLER, Mr. others in rural America don’t under- CLELAND, Mr. LEAHY, Mrs. MURRAY, farmers and ranchers across the United stand how options work. Therefore, the Mr. WELLSTONE, Mr. SARBANES, Mr. States with new, improved and afford- federal government has seen fit to AKAKA, and Mr. BINGAMAN): able risk management products to help limit severely the development of, and S. 1890. A bill to amend the Public Health producers succeed in the 21st century. competition in, financial instruments Service Act and the Employee Retirement This bill fulfills a promise we made that would provide substantial benefits Income Security Act of 1974 to protect con- to America’s farmers and ranchers dur- to producers who understand commod- sumers in managed care plans and other ing the 1996 farm bill debate. The far- ity marketing in order to protect the health coverage; to the Committee on Labor reaching, market-oriented reforms con- and Human Resources. few remaining producers who have no tained in the Freedom to Farm Act By Mr. DASCHLE (for himself, Mr. interest in managing price risk. Basi- have provided substantial financial KENNEDY, Mrs. BOXER, Mr. DODD, Ms. cally, current federal policy in this benefits to agriculture producers MIKULSKI, Mrs. FEINSTEIN, Mr. DUR- area is targeted towards the 1930s in- throughout the country. At the same BIN, Mr. REED, Mr. INOUYE, Mr. stead of the 2030s. TORRICELLI, Mr. KERRY, Ms. time, this policy must be buttressed by Agriculture options are complex, ex- MOSELEY-BRAUN, Mr. WYDEN, Mr. proper risk management tools, regu- pensive financial instruments. In order LAUTENBERG, Mr. ROCKEFELLER, Mr. latory relief, tax changes and a consist- CLELAND, Mr. LEAHY, Mrs. MURRAY, to use them properly, producers must ent, strong export policy. As a result, have specialized knowledge of commod- Mr. WELLSTONE, Mr. SARBANES, Mr. while leading the fight to get the fed- AKAKA, and Mr. BINGAMAN): ity marketing and the risks associated S. 1891. A bill to amend the Internal Reve- eral government out of producers’ daily with participating in them. As a result, nue Code of 1986 to protect consumers in lives and pocket-books, I promised to many producers may choose not to use managed care plans and other health cov- fight for better tools to help manage the additional financial products made erage; to the Committee on Finance. the tremendous financial risk that is possible through this legislation. How- By Mr. KYL: inherent in life on the farm today. ever, agriculture options should be S. 1892. A bill to provide that a person The TOFRA would repeal the Com- readily available to those producers closely related to a judge of a court exercis- modity Futures Trading Commission’s ing judicial power under article III of the with the skill, knowledge and desire to prohibition on the sale of over-the- use them. United States Constitution (other than the counter agriculture trade options. The Supreme Court) may not be appointed as a It is important that agriculture op- judge of the same court, and for other pur- CFTC ban dates to the Great Depres- tions—whether sold on an organized poses; to the Committee on the Judiciary. sion. It was put in place during a time commodity exchange or through an By Mr. DEWINE (for himself, Mr. when financial and commodity mar- over-the-counter broker—be suffi- HATCH, Mr. LEAHY, and Mr. SPECTER): kets were viewed with both suspicion ciently regulated. This legislation will S. 1893. A Bill to establish a law enforce- and fear. Today, we live in a time of simply make agriculture options just ment block grant program; to the Commit- mutual funds, computerized financial like all other options. If you purchase tee on the Judiciary. transactions and round-the-clock, glob- an option on wheat, natural gas or f al commodity trading. While we should common stock, the bookkeeping, reg- never forget the important lessons of SUBMISSION OF CONCURRENT AND istration and disclosure requirements the Great Depression, we must not let SENATE RESOLUTIONS should be the same. Similarly, strong the troubling memories of the past protections against fraud and manipu- The following concurrent resolutions hold back our nation’s farmers and lation are included to help prevent and and Senate resolutions were read, and ranchers when there is so much prom- punish fly-by-night operations and referred (or acted upon), as indicated: ise in the future. bucket-shops. In short, this bill estab- By Mr. FRIST (for himself and Mr. The CFTC’s agriculture option ban lishes a simple formula: provide busi- THOMPSON): created a monopoly. Today, if a farmer ness opportunity with limited, but vig- S. Res. 203. A bill expressing the sense of or rancher wants to hedge his price orously enforced rules. With proper the Senate that the University of Tennessee risk with an agriculture option, he oversight, this bill will be good for pro- Lady Volunteers basketball team is the new must purchase the option from a com- dynasty in collegiate women’s basketball; ducers, brokers, businesses and con- considered and agreed to. modity exchange. Over the years, the sumers alike. By Mr. FORD (for himself and Mr. exchanges have performed a valuable I do want to thank the CFTC for re- MCCONNELL): service to farmers and ranchers by giv- cently submitting a proposed rule that S. Res. 204. A resolution to commend and ing them the opportunity to manage would begin to lift its long-held ban on congratulate the University of Kentucky on their price risk in a regulated environ- over-the-counter agriculture trade op- its men’s basketball team winning its sev- ment. Despite their best efforts, orga- tions. They have taken the initial step enth National Collegiate Athletic Associa- nized exchanges—primarily as a result toward removing the ban on off-ex- tion championship; considered and agreed to. of excessive regulation—have not been By Mr. FAIRCLOTH (for himself, Mr. change agriculture options trading. JEFFORDS, Mr. BOND, Mr. FRIST, Mr. able to keep up with the tremendous Unfortunately, the CFTC’s proposal is CHAFEE, and Mr. INOUYE): demand in Farm Country for newer, so limited, so burdened with red-tape S. Res. 205. A resolution expressing the better alternatives to existing risk and reporting requirements, that sig- sense of the Senate that the Nation should management tools. nificant benefit is doubtful. No new S2852 CONGRESSIONAL RECORD — SENATE March 31, 1998 products, no improved products and no shall not apply to an agricultural trade op- (R&E) which has allowed biopharma- more competition to drive down the tion outside a contract market if the buyer ceutical companies to invest hundreds price of risk management for Ameri- and seller of the option each have assets of a of billions of dollars in research for ca’s farmers and ranchers. value of at least $10,000,000. new drug therapies. Clinical trials are ‘‘(B) PHYSICAL DELIVERY; STRUCTURE AND conducted by these drug companies in I am hopeful this legislation will STRATEGIES.—An agricultural trade option renew CFTC interest in a workable reg- outside a contract market shall not be sub- order to obtain FDA approval. How- ulation to govern agriculture option ject to— ever, these initial studies are only a trading. I also urge the CFTC to act ‘‘(i) a requirement that the option, if exer- fraction of the applied research needed quickly to make these important tools cised, be physically delivered; or to follow patients and to discover pos- available to America’s farmers and ‘‘(ii) a limitation on the structure of the sible combinations of drugs which pro- ranchers. In conclusion, let me simply option or trading strategies for the use of vide the most effective therapy. These say this: if we give our producers a the option. post-approval studies are performed by ‘‘(c) TERMINATION OF EFFECTIVENESS.—The clinical investigators and major aca- helping hand and appropriate safe- authority provided by this section termi- guards, they will do the rest. nates effective September 30, 2002.’’. demic medical centers. Until recently, medical schools, Mr. President, I ask unanimous con- SEC. 2. CONFORMING AMENDMENTS. sent that the text of the bill be printed (a) Section 4(a) of the Commodity Ex- teaching hospitals, and not-for-profit in the RECORD. change Act (7 U.S.C. 6(a)) is amended— hospitals were able to fund research There being no objection, the bill was (1) in paragraph (1), by inserting ‘‘(A)’’ from their operating profits. Many ordered to be printed in the RECORD, as after ‘‘(1)’’; physicians chose to practice at these follows: (2) by redesignating paragraphs (2) and (3) hospitals at a reduced salary based on as subparagraphs (B) and (C), respectively; S. 1884 the opportunity to engage in teaching (3) in subparagraph (C) (as so redesig- and clinical research. With the pro- Be it enacted by the Senate and House of Rep- nated), by striking the period at the end and found changes in the health care indus- resentatives of the United States of America in inserting ‘‘; or’’; and Congress assembled, (4) by adding at the end the following: try over the last few years, this profit SECTION 1. AGRICULTURAL TRADE OPTIONS ‘‘(2) the contract is an agricultural trade no longer exists. In the era of managed OUTSIDE CONTRACT MARKETS. option outside a contract market permitted care, many insurance companies are re- The Commodity Exchange Act is amended under section 4q.’’. imbursing physicians and hospitals at by inserting after section 4p (7 U.S.C. 6p) the (b) Section 4c(b) of the Commodity Ex- the cost of services. Combined with following: change Act (7 U.S.C. 6c(b)) is amended in the cuts in Medicare payments and reduced ‘‘SEC. 4q. AGRICULTURAL TRADE OPTIONS OUT- first sentence by striking ‘‘No’’ and inserting subsidies for graduate medical edu- SIDE CONTRACT MARKETS. ‘‘Except as provided in section 4q, no’’. cation, teaching hospitals can barely ‘‘(a) DEFINITIONS.—In this section: SEC. 3. REGULATIONS. afford to pay their medical staff’s sal- ‘‘(1) AGRICULTURAL TRADE OPTION OUTSIDE A Not later than 90 days after the date of en- ary, let alone fund its research. CONTRACT MARKET.—The term ‘agricultural actment of this Act, the Commodity Futures These financing changes have had the trade option outside a contract market’ Trading Commission shall issue such regula- means an agreement, contract, or trans- tions as the Commission determines are nec- largest impact on hospitals affiliated action (or class thereof) entered into on essary to carry out this Act and the amend- with academic medical centers. A re- other than a contract market for— ments made by this Act. cent study found a 22% decline in clini- ‘‘(A) the purchase of an agricultural trade cal research conducted at member hos- option involving a commodity by a person By Mr. D’AMATO (for himself, pitals of the Association of American who is a producer, processor, commercial Mr. ROCKEFELLER, Mrs. Medical College’s Council of Teaching user, or merchant handler of the commodity; HUTCHISON, Mrs. FEINSTEIN, and Hospitals. This drop is alarming be- ‘‘(B) the sale or transfer of an agricultural Mrs. BOXER): trade option involving a commodity; or cause it demonstrates that these hos- ‘‘(C) a purpose related to the business of a S. 1885. A bill to amend the Internal pitals no longer have the financial re- person referred to in subparagraph (A). Revenue Code of 1986 to provide for a sources to contribute to the public’s ‘‘(2) COMMODITY.—The term ‘commodity’ medical innovation tax credit for clini- health. Traditionally, academic medi- means an agricultural commodity referred cal testing research expenses attrib- cal centers trained new doctors, sup- to in section 1a(3). utable to academic medical centers and ported applied biomedical research, ‘‘(b) AUTHORIZATION.—Subject to sub- other qualified hospital research orga- and provided the bulk of uncompen- section (c), an agricultural trade option out- nizations; to the Committee on Fi- sated care for uninsured patients. side a contract market shall be permitted nance. and shall be considered to be consistent with Under this system medical residents the other provisions of this Act. THE MEDICAL INNOVATION TAX CREDIT ACT OF had the opportunity to treat a wide ‘‘(c) REGULATION.— 1998 spectrum of patients, regardless of ‘‘(1) SAFEGUARDS.—Subject to paragraph Mr. D’AMATO. Mr. President, I rise their health insurance status. In addi- (2), an agricultural trade option outside a today to introduce legislation with my tion, uninsured patients were able to contract market shall, to the extent deter- colleagues, Senators ROCKEFELLER, receive the latest care within the scope mined to be applicable by the Board, be sub- HUTCHISON, FEINSTEIN and BOXER, to of clinical trials performed at academic ject to— create a new tax credit that will make hospitals. With reductions in private ‘‘(A) sections 4b and 4o; it easier for medical schools, teaching ‘‘(B) the provisions of sections 6(c) and and public funding these medical cen- 9(a)(2), to the extent that the provisions pro- hospitals, and non-for-profit research ters have been forced to reduce these hibit manipulation of the market price of hospitals to invest in potentially life social services to compete with for- any commodity in interstate commerce for saving medical research. Our bill will profit-hospitals with no research agen- future delivery; add Section 41A to the Internal Reve- da. This development promises only to ‘‘(C) prohibitions against fraud or manipu- nue Code to establish a Medical Inno- stagnate the level of care and number lation under section 4c(b); vation Tax Credit. This new credit of treatment options that the next gen- ‘‘(D) registration requirements of the Com- would apply to qualified medical inno- eration of doctors can offer their pa- mission administered by the National Fu- vation expenses for biopharmaceutical tures Association; tients. ‘‘(E) a requirement that the person provid- research activities, including clinical Mr. President, my state of New York ing the option has a net worth of at least trials, at qualified academic institu- has 12 medical schools and 40 teaching $50,000; tions. The credit rate would be 20% of hospitals, in addition to 8 designated ‘‘(F) requirements for full disclosure of qualified expenses on research con- cancer centers. Each of these institu- risks and responsibilities involved in the ducted in the United States. This tax tions will be eligible for the Medical contract or agreement for the option; and incentive is necessary in order to as- Innovation Tax Credit. Without contin- ‘‘(G) recordkeeping and reporting require- sure that the United States maintains ued funding of research at these insti- ments of the Commission. its position as the leading country for tutions, many New Yorkers will recog- ‘‘(2) LIMITATIONS.— ‘‘(A) TOTAL ASSETS.—Except for the fraud biomedical research. nize a profound effect upon the quality and manipulation provisions of the provi- The Medical Innovation Tax Credit of their health care. Without the op- sions of law referred to in subparagraphs (A), will supplement the current law Re- portunity to conduct research many of (B), and (C) of paragraph (1), paragraph (1) search and Experimental Tax Credit the country’s top doctors may leave to March 31, 1998 CONGRESSIONAL RECORD — SENATE S2853 practice in locations where they can cation mission, teaching hospitals face Mrs. BOXER. Mr. President, I want earn more money. Such a move will a cost-disadvantage when compared to to take a few minutes to talk about an also reduce the need for research spe- a ‘‘for profit’’ contract research organi- important piece of legislation which is cialists and their staffs. Patients will zation. This new research credit will being introduced today, the ‘‘Medical have to choose between hospitals that help level the playing field for medical Innovation Tax Credit.’’ I am an origi- only recognize the bottom line while schools and teaching hospitals. nal co-sponsor of this legislation. their children will not enjoy the same The proposal will help provide, in an The Medical Innovation Tax Credit medical advances as they did. Many indirect manner, additional resources will establish a new, free-standing uninsured patients will not be able to for medical research. The administra- credit in the Internal Revenue Code. receive uncompensated care and will tion and Congress both enthusiasti- The credit, modeled after a law in my not be able to receive the most ad- cally support increasing federal sup- home state of California, provides a vanced medicine possible. port for medical research through the targeted tax incentive for companies to And these changes aren’t just par- National Institutes of Health. However, increase clinical trials at medical ticular to my state. Almost every state with our acute budget needs, Congress schools and teaching hospitals. The has a medical school which serves as may face difficulty in meeting our California law has been successful in the epicenter for a network of teaching goals. Congress can provide new encouraging biotechnology and phar- hospitals which employ thousands of sources of revenue for these research maceutical companies to expand their physicians, nurses, research specialists, hospitals by encouraging them to serve pioneering research activities at medi- and support staff. A large percentage of as sites for clinical trials. Only clinical cal schools and teaching hospitals each state’s economy is based on these research activities conducted in the throughout the state. The Medical In- medical centers. Thus, we all stand to United States can qualify for the cred- novation Tax Credit will encourage and recognize two main benefits from the it, decreasing the economic incentive stimulate such pioneering research in Medical Innovation Tax Credit, more to move the research activities to California and throughout the country. jobs and better health. Only by encour- lower cost facilities off-shore. Many medical institutions today face aging private investment in medical The support is appropriate because significant financial pressures as a re- research can our health care infra- academic health centers address impor- sult of fundamental changes in the structure develop new and innovative tant societal priorities, accepting ex- health care marketplace. With fewer ways to deliver the most advanced care penses other medical facilities may not funding sources available, medical to all citizens of our country. have to incur. schools, teaching hospitals, and chari- We urge all of our colleagues to sup- University-based teaching hospitals table research hospitals designated as port this legislation that will restore provide a disproportionate share of cancer centers by the National Cancer to medical schools and teaching hos- high-cost, critical services to low-in- Institute (NCI), are having to cut back pitals the ability to perform applied come or uninsured individuals. on their cutting-edge research activi- University-based teaching hospitals biomedical research to help treat and ties. carry a higher burden of necessary, but The Medical Innovation Tax Credit cure many of our pressing health needs in many cases unprofitable, services, will help alleviate some of these finan- such as cancer and heart disease. This such as emergency trauma care and cial pressures by encouraging more is a targeted measure which has wide- burn unit facilities. Academic health clinical trials to be conducted at medi- spread benefits for all citizens. centers represent only 2% of all non- Mrs. FEINSTEIN. Mr. President, I cal schools, hospitals and NCI-des- federal community hospitals, but have ignated cancer centers; thus providing rise today to join Senator D’AMATO, 33% of the trauma units and 50% of its these institutions additional private Senator BOXER, Senator ROCKEFELLER burn units. sector resources to fund cutting-edge and others in support of legislation to The credit will help provide, in an in- medical research projects which other- create the Medical Innovation Tax direct manner, additional funds for wise may not have been funded. These Credit. The proposed tax credit can be medical research by encouraging them extra resources will also enhance re- an effective complement to the exist- to serve as clinical trial sites. The infu- search and training opportunities, ing research and experimentation tax sion of research dollars will support thereby ensuring our nation’s contin- credit. The new proposal will support their vital missions. ued leadership in innovative medical additional medical research at fine re- The proposal will help arrest the de- research. search universities, like the University clining rate of clinical research trials Moreover, the Medical Innovation of California and Stanford University, conducted at these facilities. Tax Credit encourages companies to assisting in the development of new The American Association of Medical conduct their research activities here products to improve health and save Colleges, which supports the legisla- in the United States since only domes- lives. I am pleased to support Senator tion, reports a 22% drop in clinical re- tic clinical trials are eligible for the D’AMATO’s proposal. search at member hospitals. credit. By decreasing the economic in- Under the legislation, the Medical In- A recent study of three pharma- centive to move such activities off- novation Tax Credit would provide a ceutical companies indicates that al- shore, more clinical research projects pharmaceutical or biotechnology com- though pharmaceutical R&D is larger will be conducted in the U.S. Such do- pany with a tax credit equal to 20% of than the research funds of the National mestic based research will ultimately their expenditures for human drug clin- Institutes of Health, the level of uni- lead to increased jobs, investments and ical trials conducted at medical versity-based clinical trials has de- productivity here at home. schools, university teaching hospitals clined from 82% in 1989 to 68% in 1993. So, Mr. President, I am very proud to or non-profit research hospitals work- This proposal can help schools arrest support this bill and I congratulate my ing in conjunction with the National the steady, five year decline and make colleague Senator D’AMATO for his Institutes of Health. the most of their research dollars. hard work on this legislation. The en- The proposal will provide an impor- The credit will serve as an effective actment of this legislation will provide tant incentive to conduct the research supplement to the current Research important resources for our nation’s trials in the university hospital set- and Experimentation Credit and the leading medical schools, teaching hos- ting, improving academic training, Orphan Drug Tax Credit and provide a pitals and NCI-designated cancer cen- health care and the development of cost-effective incentive to encourage ters and it will help ensure America’s new research and bio-medical products. companies to pursue research in an continued preeminence in innovative The legislation will assist medical academic setting. The credit will pro- medical research. I encourage my col- schools and research institutions lever- mote research at teaching hospitals, leagues to join in supporting the Medi- age additional private sector support lead to the development of stronger re- cal Innovation Tax Credit. for medical schools and teaching hos- search universities, contribute to new pitals. Teaching hospitals have histori- medical therapies and products and By Mr. DURBIN (for himself and cally been an important site of re- strengthen our world leadership in the Ms. MOSELEY-BRAUN): search activity. However, partially be- important field of medical innovation. S. 1886. A bill to designate the facil- cause of the universities’ broad edu- I am pleased to lend my support. ity of the United States Postal Service S2854 CONGRESSIONAL RECORD — SENATE March 31, 1998 located at 3750 North Kedzie Avenue in Mr. President, I ask unanimous con- been engaged in a systematic campaign Chicago, Illinois, as the ‘‘Daniel J. sent that the text of the bill be printed of distortion and deceit to hook kids Doffyn Post Office Building’’; to the in the RECORD. and hide the facts from the American Committee on Governmental Affairs. There being no objection, the bill was people. THE DANIEL J. DOFFYN POST OFFICE BUILDING ordered to be printed in the RECORD, as Tobacco reform is the issue of 1998. It DESIGNATION ACT OF 1998 follows: is the crown jewel of this Congress. Mr. DURBIN. Mr. President, I rise S. 1886 And passing a tobacco bill like the today together with my distinguished Be it enacted by the Senate and House of Rep- KIDS Act is a once and a lifetime op- colleague, Senator CAROL MOSELEY- resentatives of the United States of America in portunity. Unfortunately, though, the Congress assembled, BRAUN, to introduce legislation to des- tobacco debate so far has been largely SECTION 1. DESIGNATION OF DANIEL J. DOFFYN ignate the United States Post Office fa- POST OFFICE BUILDING. partisan. That’s why we’ve joined arms cility at 3750 North Kedzie Avenue in (a) IN GENERAL.—The facility of the United across party lines behind the KIDS Chicago, Illinois, as the ‘‘Daniel J. States Postal Service located at 3750 North Act. We hope and believe that the in- Doffyn Post Office Building.’’ Kedzie Avenue in Chicago, Illinois, shall be troduction of our bipartisan bill will This legislation honors the service known and designated as the ‘‘Daniel J. change the debate and significantly in- and heroism of Daniel Doffyn, a 40- Doffyn Post Office Building’’. crease the odds that reforms will be (b) REFERENCES.—Any reference in a law, made. year-old rookie officer with the Chi- map, regulation, document, paper, or other cago Police Department, who was fa- record of the United States to the facility of The KIDS Act would cut tobacco use tally shot in the line of duty two years the United States Postal Service referred to by kids in half over the next three ago. in subsection (a) shall be deemed to be a ref- years through aggressive and com- On the afternoon of March 8, 1995, erence to the ‘‘Daniel J. Doffyn Post Office prehensive reforms. That’s the sharpest Daniel Doffyn and his partner, Milan Building’’. and fastest reduction achieved by any ‘‘Mike’’ Bubalo, who had just com- By Mr. HARKIN (for himself, Mr. bill proposed to date. Our goal is to cut pleted their regular shift, responded to it by at least 65 percent shortly after CHAFEE, and Mr. GRAHAM): a report of a burglary in progress. S. 1889. A bill to reduce tobacco use that. The Food and Drug Administra- What they encountered, in broad day- by children and others through an in- tion has found that reducing the use of light, just a few steps away from the crease in the cost of tobacco products, tobacco by children by 50 percent could Austin precinct house on Chicago’s the imposition of advertising and mar- prevent well over 60,000 premature West Side, were three gun-wielding keting limitations, assuring appro- deaths every year, and will save up to gang members hiding in an apartment. priate tobacco industry oversight, ex- $43 billion annually in reduced medical Believing the officers to be there to ar- panding the availability of tobacco use costs and improved productivity. rest them for their involvement in an cessation programs, and implementing Now is not the time for anything but earlier gang shooting, the trio pan- a strong public health prevention and the strongest, most effective bill pos- icked and tried to escape through a education strategy that involves the sible. window. private sector, schools, States, and Experts agree that a substantial After capturing one suspect, Doffyn local communities; read the first time. price hike over a very short period of was shot in the head and chest by a THE KIDS DESERVE FREEDOM FROM TOBACCO time is key to changing teen smoking second man, who opened fire with a ACT OF 1998 behavior. If left unchanged, the Com- TEC-DC9 semiautomatic pistol, one of Mr. HARKIN. Mr. President, today I merce Committee draft bill, which the 19 assault weapons banned under am joined by my colleagues Senators spreads a $1.10 price increase over 5 the 1994 Federal law. Officer Doffyn JOHN CHAFEE, BOB GRAHAM in introduc- years will do little to impact teen died in surgery later that evening. In ing the first bipartisan comprehensive smoking. In contrast, the KIDS Act in- the barrage of gunfire, Officer Bubalo proposal to cut youth smoking—The creases the price by $1.50 in just two was seriously wounded in the thigh, Kids Deserve Freedom From Tobacco years, achieving a 50% reduction in and has an artificial left hip as a result Act, or simply, The KIDS Act. Today just three years. That’s the bottom of the shooting. marks the turning point in the drive line and anything less is just smoke Officer Doffyn tragically lost his life for tobacco reform this year. and mirrors. in the course of performing a job that Before I go further, I want to thank In addition, our bill gets tough on he truly loved, less than a year after my partners in this effort, JOHN the individual companies that addict graduating from the Chicago Police CHAFEE and BOB GRAHAM. They are real the most kids by imposing tough pen- Academy, following a three-year quest heroes in the fight to save kids from alties if the company doesn’t meet teen to fulfill a dream to protect and serve tobacco. They’ve taken significant smoking reduction targets. I’m very his community. If someone needed risks in joining this effort. And they concerned that the Commerce Commit- help, Danny Doffyn was the first one have done a terrific job in putting our tee proposes no company-specific pen- there. In the words of District Com- proposal together. This has truly been alty. Without a profit-based deterrent, mander LeRoy O’Shield, ‘‘he exempli- a bipartisan team effort. the penalty will just be passed through fied the very finest the police depart- I also want thank the leaders of the to consumers, giving companies no in- ment has to offer. He was not assigned public health community who have centive to cut youth smoking. this job but responded to it.’’ joined us to support our efforts. They The post office sought to be des- will play a critical role in shaping the Finally, our bill caps the annual li- ignated is in the neighborhood where course of this historic tobacco reform ability of the tobacco industry as part Officer Doffyn, who was posthumously effort in the coming months. And their of a tough, comprehensive bill that awarded the Medal of Valor for his ulti- support is vital to the success of The dramatically reduces youth smoking. mate sacrifice, resided with his par- KIDS Act. Finally, I want to thank Dr. Without a tough public health bill, the ents, bicycled and roller skated with C. Everett Koop and Dr. David Kessler, annual liability cap is not acceptable. his eight-year-old daughter, Brittany, for their help and counsel to us in As Drs. Koop and Kessler say in their and donned his blue uniform and police crafting our proposal. letter, our bill is ‘‘tough medicine for a star #14030 with pride. We are introducing this bill because tough problem.’’ Our proposal sends a We trust our colleagues will agree we face a public health crisis affecting simple message to the tobacco indus- that this designation is a worthy trib- our children. 3,000 kids start smoking try: Keep away from our kids. Our plan ute to salute the life and courage of every day and fully 1,000 of them will will be a very, very bitter pill for the Daniel Doffyn, and to pay respect to die prematurely because of it. That’s industry. And no doubt they will criti- the thousands of men and women in the equivalent of 3 jumbo jets packed cize us. But in the end, I believe they law enforcement careers who risk their with kids crashing every day. 400,000 are going to have to swallow it. lives every single day striving to keep Americans die every year of tobacco Creating a more sensible policy to- our citizens, streets, and sidewalks related illness at a cost of over $50 bil- ward tobacco has been a goal of mine safe. lion. And the tobacco industry has for many years. It was in 1977, over 21 March 31, 1998 CONGRESSIONAL RECORD — SENATE S2855 years ago, that I first introduced legis- Summary tives for individual tobacco companies to lation calling for repeal of the tax de- The Kids Deserve Freedom From Tobacco stop recruiting and addicting children. It ductibility of tobacco advertising and Act of 1998 (‘‘The KIDS Act’’) significantly sets up a system of tough and escalating pen- marketing. improves upon and strengthens the June 1997 alties for those companies that miss youth Unfortunately, victories in the to- Attorneys General Tobacco Settlement reduction targets. This is crucial because, Agreement (‘‘June 1997 Tobacco Agree- unlike industry-wide penalties which can be bacco wars have come few and far be- passed on to consumers equally by all com- tween. In 1988, we finally changed fed- ment’’). The legislation would substantially reduce youth tobacco use through a com- panies without affecting market share, com- eral law on smoking in airplanes. It prehensive set of policy changes. These in- pany-specific penalties directly tie company was a full ten years later, and after clude increasing the cost of tobacco prod- profits to reducing teen smoking. failing one time, the Senate took its ucts, curtailing advertising and marketing Under the KIDS Act, for each percentage next step last September by passing to children, assuring appropriate industry point a company misses between 0 and 10 the Harkin-Chafee plan to fully fund oversight, expanding the availability of percent, a penalty of 1 cent per pack is im- enforcement of the FDA youth ID smoking cessation programs, and imple- posed. The penalty doubles for each percent- check. menting a strong public health prevention age point missed between 11 and 20 percent and education strategy involving the private and triples for each percentage point missed But I am more hopeful now than ever over 21 percent. For those companies that that we can pass a comprehensive plan sector, schools, states and local commu- nities. miss the targets by 20 percent or more for 3 that would once and for all change how consecutive years, this portion of the pen- I. ECONOMIC INCENTIVES this nation deals with tobacco and dra- alty is doubled to 6 cents per pack. matically cut the number of our kids Price Increase. Public health experts agree Industry-wide Penalties: The KIDS Act im- addicted to this deadly product. Mr. that the single most important component of poses a similarly tough penalty structure in- a comprehensive plan to reduce youth to- President, our goal is to be on the Sen- dustry-wide if it fails to meet the youth re- bacco use is to significantly increase the duction targets. In addition, if the industry ate floor three years from now an- price of tobacco products over a short period nouncing that indeed, child smoking fails to meet the targets for 3 consecutive of time. A gradual increase, phased in over 5 years, the penalties are doubled. has been cut in half. We’re going to put or more years, will not significantly reduce No Anti-trust Immunity. Anti-trust laws all our energies into making that hap- teen tobacco use. Therefore, our proposal are the most important safeguard we have pen. would increase the price of a pack of ciga- against anti-competitive actions which hurt We urge our colleagues to review our rettes by $1.50 within two years ($1.00 the consumers and undermine the free market. proposal and join us in sponsoring it. first year; $0.50 the second year). The price of As such, exceptions to these laws should be We look forward to working with all other tobacco products with significant mar- made only in rare circumstances, where im- our colleagues on a bicameral, biparti- ket shares would be increased by a com- portant policy objectives outweigh the bene- parable amount. These increases would be san basis to make good on the historic fit of free market protections. The tobacco achieved through annual industry payments industry has not made a persuasive case for opportunity we have this year. totaling $20 billion the first year and $25 bil- Mr. President, I ask unanimous con- the grant of immunity it seeks. Therefore, lion per year thereafter (indexed to infla- unlike the June 1997 Tobacco Agreement, the sent that a summary of the KIDS Act, tion). KIDS Act would not extend any anti-trust letters of endorsement of our bill and Annual Youth Reduction Targets. There is exemptions to tobacco manufacturers. copies of several editorials in support clear and abundant evidence that the to- State Performance Bonus Pool. The June our the KIDS Act be included in the bacco industry has tailored its marketing 1997 Tobacco Agreement and pending legisla- and advertising programs to attract and en- RECORD. tive initiatives fail to provide strong eco- There being no objection, the items courage children to smoke. Largely because nomic incentives for states and communities of the industry’s success in this regard, 3,000 were ordered to be printed in the to help decrease tobacco use among children. children start smoking every day in Amer- The KIDS Act would address this short- RECORD, as follows: ica. Accordingly, the KIDS Act would make coming by establishing a $500 million annual KID DESERVE FREEDOM FROM TOBACCO ACT OF the tobacco industry accountable for pro- ‘‘Performance Bonus Pool’’ for states that 1998 ‘‘THE KIDS ACT’’ moting and achieving a significant reduction meet or exceed the reduction targets within Principles in tobacco use among children. Our proposal their own borders. Congress has an historic opportunity to would set an ambitious, but realistic sched- This would serve as an important incentive enact legislation this year which will signifi- ule for reducing the rate of youth smoking for states and localities to develop aggres- cantly reduce tobacco use—especially among by 65 percent over the next ten years. sive and innovative anti-smoking strategies children. Nearly one in five deaths in Amer- The schedule would follow the rec- suited to their own individual needs. State- ica today is attributable to tobacco use, ommendations of the Final Report of the Ad- specific baselines and targets would be devel- making it the single most preventable cause visory Committee on Tobacco Policy and oped using a standardized methodology de- of premature death, disease and disability Public Health, chaired by Dr. C. Everett termined by the Centers for Disease Control facing this country. These facts compel us to Koop and Dr. David Kessler. The following and Prevention. Furthermore, the KIDS Act act now. However, to ensure the most effec- targets would be set: would clarify the authority of states and tive result, legislation must embody the fol- Percent of reduction local governments to encourage the enact- lowing principles: Year: ment of stronger anti-tobacco policies. It must be bipartisan and comprehensive— 2 ...... 15 II. CHANGING HOW TOBACCO PRODUCTS ARE SOLD not piecemeal—to ensure a fundamental and 3 ...... 20 lasting change in the way tobacco products 4 ...... 25 Marketing and Advertising Reforms. The are marketed and sold in this country. 5 ...... 30 tobacco industry spends an estimated $5 bil- It must attack the youth smoking epi- 6 ...... 40 lion per year on marketing and promotional demic as rapidly as possible by forcing the 7 ...... 50 activities—much of it targeted to children. 8 ...... 55 price of cigarettes to increase by $1.50 per The KIDS Act would fundamentally alter to- 9 ...... 60 pack within the first two years, and provid- bacco marketing and advertising practices 10 ...... 65 to eliminate this reprehensible practice. ing for comparable increases in other to- Beyond ...... 65 bacco products. Health Warning Labeling Reforms. Evi- It must preserve the rights of individuals (youth prevalence measured by monthly use) dence suggests that the current warning and groups to sue tobacco manufacturers for Tough Look-back Penalties. The KIDS Act label regime for tobacco product packaging the damages they have caused, while at the would impose up to an additional $10 billion fails to adequately convey to children the same time establishing a framework to en- per year in non tax-deductible penalties (in- risks associated with tobacco use. For exam- sure that funds are available to cover awards dexed to inflation) on the tobacco industry ple, nearly half of the 8th graders in a 1993 and settlements secured by successful claim- for failure to meet these targets. First, and study denied any great risk associated with ants. most importantly, company-specific pen- pack-a-day smoking, despite the presence of It must provide incentives to states, local alties would be imposed to prevent individ- health warnings on cigarette packaging. communities, schools, research institutions, ual manufacturers from achieving any finan- Moreover, consumer research indicates that health professionals and other stakeholders cial reward from addicting children to their alterations in format, composition and warn- to develop innovative strategies to discour- products. Second, industry-wide penalties ing label content would make them far more age youth smoking, and to assist adult would be assessed for failure to meet the effective in reaching children. Thus, the smokers in kicking the habit. above targets. Finally, unlike the June 1997 KIDS Act proposes to significantly strength- It must have as its primary purpose the Tobacco Agreement, the KIDS Act would en warning labels on all tobacco products to promotion of aggressive anti-tobacco initia- provide no abatement or rebate relief to to- improve their impact on the behavior of chil- tives and public health improvements, in- bacco companies. dren. These messages would be regularly re- cluding the provision of significant new re- Company-specific Penalties: The KIDS Act viewed and updated by the Secretary of sources for medical research. would impose the strongest possible incen- Health and Human Services to reflect S2856 CONGRESSIONAL RECORD — SENATE March 31, 1998 changes in public awareness and attitudes manufacture and distribution of tobacco IV. STOPPING CHILDREN FROM SMOKING BEFORE about tobacco use. products, promote the development of safer THEY START Minors’ Access Reforms. Illegal sales to alternatives, and to conduct research. For Prevention in Communities and Schools. minors and shoplifting are the primary these purposes, the KIDS Act would allocate In addition to economic incentives, changes means by which children obtain tobacco $300 million over and above those provided in in tobacco product advertising and market- products. An estimated 516 million packs of the annual appropriations process. Impor- ing, and improved oversight of enforcement, cigarettes per year are consumed by minors, tantly, FDA would not be required to over- experts agree that a comprehensive slate of of which at least half are obtained through come special burdens or procedural hurdles public health activities is needed to stop direct, illegal sales to minors. Shoplifting is in its regulatory activities—a major flaw of children from taking up this deadly habit. another serious concern. In Iowa alone, more the June 1997 Tobacco Agreement. The KIDS For example, research-tested school pro- than 4 million packs of cigarettes are Act would classify ‘‘nicotine’’ as a drug, and grams have proven to consistently and sig- shoplifted every year. ‘‘tobacco products’’ as drug delivery devices nificantly reduce adolescent smoking. There- The KIDS Act would address these prob- (to include cigars, pipes and loose tobacco). fore, the KIDS Act would provide $1.25 bil- lems by banning self-service displays in In addition, our legislation would authorize lion to states for community and school- stores that sell tobacco products, prohibiting FDA to implement a ‘‘public health’’ stand- based prevention activities. These initiatives vending machine sales in places children fre- ard in its review of tobacco products. would be designed and implemented at the quent, requiring retailers to verify age, and The FDA’s authority over tobacco prod- local level to ensure their effectiveness. fining those vendors caught selling to chil- ucts would be no more and no less than its Because minority and low-income popu- dren. In addition, the KIDS Act would re- authority over other drugs and devices. How- lations suffer a disproportionate burden of quire states to conduct spot checks of to- ever, because of the addictive nature of to- tobacco-related disease, and are among the bacco retailers to ensure compliance with bacco products, and the high prevalence of greatest users of tobacco products, the KIDS minors’ access provisions. If a retailer re- their use, the KIDS Act would specifically Act would allocate a portion of the funding peatedly violates the law, it could face sus- prohibit the FDA from banning the sale of for community-based prevention activities pension or revocation of their registration to tobacco products to adults. Finally, the to address their special needs. Funding also sell tobacco products. These reforms would KIDS Act would ensure that FDA has ade- would be provided to assist Native American build upon those developed by the U.S. Food quate financial resources and appropriate ac- populations in their efforts to prevent and and Drug Administration (FDA), and those cess to tobacco industry documents to carry reduce youth smoking. contained in the June 1997 Tobacco Agree- out its responsibilities. Counter Advertising. Research findings ment. show that well-designed counter advertising Importantly, the tobacco companies would Ingredient Disclosure. Evidence strongly suggests that tobacco companies design and initiatives do help to reduce teen smoking. be bound by enforceable consent decrees pre- Thus, an intensive, sustained media cam- cluding them from challenging such restric- manufacture their products to satisfy and enhance nicotine dependence. Therefore, in- paign at the state and federal level is needed tions in the courts, or providing any means to ‘‘deglamorize’’ tobacco use among young of support to third parties for this purpose. creased information about the role and func- tion of tobacco additives is essential to the people. Accordingly, the KIDS Act would State Preemption. The KIDS Act would provide $650 million annually to fund a na- clarify the authority of states and local gov- effective regulation of such products. The KIDS Act would substantially strengthen tionwide campaign with national, state, and ernments to regulate the sale and use of to- local components. Preeminent advertising bacco products by repealing the preemption current ingredient disclosure requirements for tobacco manufacturers. For example, firms with proven expertise in the formula- clause in existing federal law. However, it tion of messages aimed at children would be would preserve the national requirement for each company would be required, by brand and content, to submit lists of all tobacco charged with the development and imple- uniform packaging and labeling standards to mentation of ‘‘deglamorization’’ campaigns. ensure the free flow of interstate commerce. additives. Further, if the Secretary of Health and Human Services determines that any of V. HELPING CURRENT SMOKERS KICK THE HABIT AT-A-GLANCE: CHANGING HOW TOBACCO these additives pose a particular risk to PRODUCTS ARE SOLD Smoking Cessation. While the primary em- smokers or others exposed to tobacco smoke, phasis of our proposal is to reduce tobacco ADVERTISING this information will be fully and promptly use among children, the more than 48 million B&W text only (except in adult-only facili- disclosed to the public. adult Americans who currently smoke de- ties and publications). Reduced Risk. Much remains unknown serve and need help in kicking the habit. The 1 No human images or cartoon characters. about the feasibility and effectiveness of de- KIDS Act would establish a coordinated fed- No outdoor advertising.1 veloping a less hazardous tobacco product. eral and state-based initiative to increase No advertising on the Internet.1 However, it is clear that tobacco manufac- access to, and awareness of, effective pro- No self-service displays. turers have the ability and knowledge to grams. When fully implemented, the legisla- MARKETING modify their products. Indeed, various forms tion would provide $1.5 billion annually for No ‘‘trinkets & trash’’ (caps, jackets, bags, of ‘‘reduced risk’’ nicotine delivery devices programs designed to enhance existing em- etc.) or proof-of-purchase clubs. already have been introduced into the mar- ployer-based initiatives, and those which No sponsorship of sporting events or other ket. The KIDS Act would require tobacco target uninsured and underserved popu- forms of entertainment. companies to come forward with information lations. No paid product placement in movies, TV in their possession about reduced risk prod- VI. EXPANDING RESEARCH 1 shows, on Internet or video games. ucts, and provide increased monitoring of National Fund for Health Research. To- No free samples. new technologies. It would also stop tobacco bacco products kill more than 400,000 Ameri- LABELING companies from making misleading claims cans every year—more death than from Improved and updated warnings. about these products. AIDS, alcohol and drug abuse, car accidents, Increased size. Licensing. There are approximately one murders, suicides, and fires combined. To Rotating messages. million tobacco outlets in the United States, stop this epidemic, we must strengthen our Statements of intended use. and as recently as 1994, nearly three-fourths national commitment to finding preventive Regularly reviewed and updated by HHS. sold tobacco products to minors. These in- measures and cures for diseases—especially MINORS’ ACCESS clude supermarkets, newsstands, hotels, gas those related to tobacco use, including can- No distribution or sales to minors under stations, convenience stores, and other types cer, heart disease, emphysema and stroke. age 18. of vendors. Additionally, each year inter- Therefore, the KIDS Act would establish a Photo id required up to age 27. state cigarette smuggling costs states mil- National Fund for Health Research to allo- Face-to-face sales required. lions of dollars in lost excise tax revenues. cate resources over and above those provided No single cigarettes sales. To address these problems, the KIDS Act to the National Institutes of Health (NIH) in No vending machines sales (except in would establish minimum federal licensing the annual appropriations process. The KIDS adult-only facilities). standards for tobacco manufacturers, im- Act would allot $3.225 billion per year to the No self-service sales (except in adult-only porters, exporters and distributors, and the Fund. facilities). registration of tobacco retail establish- Prevention and Cessation Research. While ments. States could continue to impose addi- we know a great deal about reducing tobacco III. OVERSIGHT AND ENFORCEMENT tional licensing requirements, and would use, much remains unknown. Therefore, a FDA Authority. Given the addictive, dis- work closely with federal officials to enforce significant expansion of prevention and ces- ease-causing nature of tobacco products, full licensing and registration policies, just as sation research is critical to the success of and appropriate regulation is needed. There- they do with the distribution and sales of al- any comprehensive effort to reduce tobacco fore, in addition to establishing new adver- coholic beverages. By providing for the per- use. In particular, more information is need- tising and marketing restrictions, the KIDS manent revocation of tobacco licenses and ed on why people use tobacco and on what Act would assure that FDA has the author- registration permits for repeated violations program interventions are most effective. ity to effectively monitor and regulate the of any provision of our law. The KIDS Act Efforts must also be undertaken to increase will put the worst offenders out of the busi- our understanding of the health effects of to- 1 Contained in consent decrees. ness of making or selling tobacco products. bacco use and exposure to second-hand March 31, 1998 CONGRESSIONAL RECORD — SENATE S2857 smoke. The KIDS Act would provide $600 bursements from the Fund to ensure that ready in place throughout the Executive million per year for a major new research ef- large awards or settlements, paid to 3rd par- Branch. Furthermore, legislation would not fort. ties for example, would not deny smaller preempt states and local governments from VII. HELPING THE VICTIMS OF TOBACCO-RELATED claimants timely payment of their claims. establishing even more stringent policies to DISEASES Settlement of State Suits and Castano protect individuals from ETS. Class Action: Forty state Attorneys Gen- The KIDS Act would fully preserve the XI. STOPPING SMUGGLING AND SHOWING WORLD erals have brought suits against the tobacco LEADERSHIP rights of individuals and groups to utilize industry to recover costs incurred for to- In some countries, significant increases in the civil justice system to recover tobacco- bacco-related illnesses and other damages. cigarette prices have resulted in large-scale related damages. Unlike the June 1997 To- The KIDS Act would provide states the op- smuggling operations. Contraband cigarette bacco Agreement and some of the legislation portunity to settle their suits in exchange trafficking can occur both at national bor- currently pending in Congress, the KIDS Act for funding from the National Tobacco Trust ders and between states with wide disparities would not ban class action lawsuits or puni- Fund established under this Act. In addition, in tobacco excise taxes. Since 1992, this tive damage awards, as the tobacco industry the Castano Class Action lawsuits would be criminal activity has increased by more than has sought. settled in return for the establishment of 500% in the United States. Each year, inter- Simply put, it would provide no immunity smoking cessation programs. to the tobacco industry. Given the industry’s state cigarette smuggling costs some states VIII. ENDING TOBACCO INDUSTRY SECRECY behavior, such liability protections cannot more than $100 million in lost excise tax rev- be justified or condoned. Furthermore, our For decades, to the severe detriment of the enue. As the price of cigarettes increases as legislation would provide no protections public health, the tobacco industry has con- a result of tobacco settlement legislation, from, or limitations on criminal prosecution cealed evidence of the consequences of to- actions must be taken to prevent the wide of the tobacco industry. bacco use and deliberately misled the public. availability of contraband cigarettes. National Victims’ Compensation Fund. To Moreover, tobacco manufacturers have Tough Anti-Smuggling Initiative. In addi- ensure that resources are readily available broadly misused the doctrine of attorney-cli- tion to licensing all tobacco product sellers for the victims of tobacco-related diseases, ent privilege to cloak industry documents in the stream of commerce, the KIDS Act the KIDS Act would provide for the estab- and research in a veil of secrecy. would allocate $100 million per year to im- lishment of a prefunded National Victims’ Therefore, the KIDS Act would require to- plement an aggressive, well-coordinated Compensation Fund (the ‘‘Fund’’), from bacco companies to submit key documents anti-smuggling program aimed at stopping which court awards and settlements would relating to the health effects, safety, and contraband tobacco products from entering be paid. Furthermore, given the uncertainty marketing of products to children to a To- or being sold in the United States. The bill of the legal environment surrounding to- bacco Document Depository. Trade secret would facilitate substantial coordination of bacco litigation, an additional Contingency and attorney-client privilege claims would international, federal and state law enforce- Reserve Account would be established within be scrutinized by a professional Tobacco ment activities, as well as providing new re- the Fund. The Fund and the annual cap Document Review Board. This reform would sources to expedite the deployment of inno- would be indexed to medical inflation. assist the victims of tobacco-related diseases vative anti-smuggling technologies. Annual Base Payment: At the beginning of in securing judgments against tobacco com- Harsh New Penalties to Stop Smuggling. each year, the tobacco industry would make panies, and out-of-court settlements, with- To further deter contraband trafficking in a Base Payment of $4 billion into the Fund; out the traditional barriers and costs associ- tobacco products, the KIDS Act would also awards and settlements would be paid from ated with document discovery. Manufactur- establish harsh new criminal and monetary this base amount. At the end of every year, ers who make claims in bad faith will be sub- penalties for individuals convicted of such any unobligated funds from the Base Pay- ject to fines of up to $5 million per violation. offenses. Violations by manufacturers, im- ments would be deposited into an interest- Moreover, failure to comply with this sec- porters, exporters, or distributor or retailers bearing Contingency Reserve Account. tion would result in license revocation and could result in permanent revocation of their Out-of-Pocket Supplement and Annual the waiver of the annual liability cap. license or registration. FDA to Obtain Needed Documents. To- Cap: If awards and settlements exceed the World Leadership. The World Health Orga- bacco companies would be required to turn Base Payment during any year, the industry nization (WHO) currently estimates that to- over to the FDA all documents the agency would be liable for an additional $4 billion in bacco use causes three million deaths per deemed necessary to carry out its regulatory out-of-pocket payments to cover the excess, year worldwide—a number which is expected responsibilities—including assessing the for a total potential annual liability pay- to increase exponentially as the U.S.-based health effects of nicotine and other tobacco ment by the tobacco industry of $8 billion. tobacco industry intensifies its global mar- ingredients, the design and development of This cap would not include payments made keting and promotional activities. By the ‘‘less hazardous’’ or ‘‘safer’’ tobacco prod- to states in settlement of existing Attorneys year 2023, WHO projects tobacco-related mor- ucts, as well as the advertising, marketing General suits, and would apply only to civil talities will jump to ten million, with nearly and promotion of such products. claims against past wrongdoing by the indus- 70 percent occurring in developing countries. try. IX. TRANSITION ASSISTANCE TO FARMERS This troubling trend is expected to acceler- Contingency Reserve Account: As a further Changes in national policy regarding to- ate with the enactment of strong anti-to- protection for claimants, the KIDS Act bacco products, and the expected decline in bacco policies in the United States. would establish a Contingency Reserve Ac- their consumption, will have ramifications Unlike the June 1997 Tobacco Agreement, count (the ‘‘Account’’) within the Victims’ for farming families, workers and commu- our bill would provide clear leadership on Compensation Fund. Any unobligated funds nities in tobacco growing regions. The KIDS international efforts to curb tobacco use. from the $4 billion Base Payment would be Act would provide $13.5 billion for compensa- The KIDS Act would terminate all support placed in the Account. For example, if tion, income support and transitional assist- for tobacco promotion overseas by the awards and settlements paid in the first year ance to tobacco farming families, and for United States Government, provide $100 mil- amounted to $1 billion, the remaining $3 bil- economic development and related assist- lion per year to fund global education ef- lion would be deposited into the account. ance in tobacco-dependent communities. forts, and encourage America’s participation with other nations in efforts to harmonize Funds in the account would build up sub- X. ASSURING CLEAN INDOOR AIR tobacco policies worldwide. stantially in the early years as settlements Our knowledge is growing daily on the del- and awards during this period are expected eterious effects of exposure to Environ- XII. INDUSTRY CONSENT DECREES to be relatively small. For any year in which mental Tobacco Smoke (ETS) in the home, Voluntary, but legally-binding consent de- liability awards and settlements exceed $8 the workplace and other public facilities. crees—signed by the federal government, billion, the Account would be drawn down to Annually, 3,000 Americans die of lung cancer state governments and tobacco manufactur- make the excess payments. In the unlikely caused by second-hand smoke, and 15,000 ers—are critical to the success of any com- event that awards and settlements ever de- children under 18 months of age are hospital- prehensive tobacco legislation aimed at sig- plete the Account in any year, unpaid claims ized with respiratory infections related to nificantly reducing tobacco use by children. would be rolled over and paid from the Base ETS exposure. Without these decrees, key provisions of Payment at the beginning of the following While the ETS components of the KIDS such a law could be delayed by lengthy legal year. Act are still a work in progress, our bill challenges. To help avoid this problem, the If the Account accumulates a balance of would place significant emphasis on reducing KIDS Act would require tobacco companies $20 billion, the Attorney General, in conjunc- ETS exposure in the home—including such to sign legally-binding consent decrees in tion with the Secretary of Health and measures as pediatric outreach, public serv- order to receive the benefits of the annual li- Human Services, would determine whether ice announcements, and comprehensive ability cap established under the legislation. to continue to deposit excess funds therein, media campaigns; $100 million from the Violation of any of the terms of the consent or to redirect those funds to anti-smoking counter advertising funds would be directed decrees would result in exclusion of that and other public health activities authorized towards this purpose. The bill would also company from the annual liability cap. under the legislation. provide $100 million to help reduce exposure Among other things, the consent decrees— Small Claimant Protection: Under the to ETS in workplaces and public facilities. which would be enforceable by the U.S. At- KIDS Act, individuals and smaller classes of The KIDS Act would also require Congress torney General or State Attorneys General individuals would be given priority in dis- to comply with the ‘‘no smoking’’ policies al- through federal and state courts—would S2858 CONGRESSIONAL RECORD — SENATE March 31, 1998 commit the companies to abide by the fol- bill, but we wanted to offer our congratula- Additionally, the KIDS Act would provide lowing agreements: tions to you for crafting a very strong, com- a total of $13.5 billion for transition assist- Not to directly or indirectly bring or sup- prehensive package of tobacco reforms. ance to farmers. port legal challenges to the implementation We have carefully reviewed a detailed sum- of any aspect of the KIDS Act, including ex- mary of your plan and strongly support its STATEMENT OF THE ENACT COALITION RE- isting or future FDA regulatory authority, major features, with the exception of the GARDING THE INTRODUCTION OF KIDS DE- document disclosure, youth look-back sur- concept of liability caps. While we await ac- SERVE FREEDOM FROM TOBACCO ACT vey methodology and penalties, and advertis- tual legislative language, it appears to us (March 12, 1998)—The ENACT coalition of ing and marketing restrictions; that if enacted, we believe your proposal in- major public health organizations applauds To pay and fully pass through the cost of cludes many measures that would signifi- today’s introduction of the KIDS Deserve annual industry payments and industry-wide cantly reduce tobacco use and fundamentally Freedom From Tobacco Act by Senators look-back penalties, assuring that the price alter the way America deals with tobacco. It Harkin, Chafee and Graham. These Senators of cigarettes would increase by at least $1.50 is tough medicine for a tough problem. It have exhibited courageous leadership in per pack over 2 years, with comparable in- would set national tobacco policy on to a crafting a strong, comprehensive, bipartisan creases for other tobacco products; course that would bring down nicotine addic- solution to the urgent problem of tobacco All reforms related to the labeling, sale, tion and the terrible health consequences of use. advertising and promotion of tobacco prod- using tobacco. This is the first bipartisan proposal which, ucts intended by this Act; You are to be especially commended for based on the summary being released today, Not to directly, or through contractors, forging a bipartisan consensus on this dif- encompasses the key public health policies lobby federal, state or local governments ficult and complex issue. For a proposal to that ENACT has stated must be included in against any provision of this Act; be successful in Congress, it must have bi- any effective tobacco control legislation. We To only do business with those retailers partisan support. Yours is the first to meet support the public health features of this and distributors in full compliance with all that crucial test. proposal because of their potential to save provisions of this Act; Your plan correctly deals with this public millions of lives and, therefore, welcome it To dissolve the Tobacco Institute and health crisis in a comprehensive manner, as an important step forward. other existing trade associations; seeking to come as close as possible at this The proposal contains strong and effective Not to advertise over the Internet; and, time to the ideals expressed last July in the provisions regarding FDA authority over to- To comply also with all of the marketing report of the Advisory Committee on To- bacco sales, manufacturing and advertising; and advertising restrictions in both the FDA bacco Policy and Public Health. A piecemeal significant price increases to deter use by regulation and the proposed June 1997 To- approach clearly won’t work. We are espe- kids; ‘‘look-back’’ penalties if sales to youth bacco Agreement. cially pleased that you specify an increase in do not decrease; a vigorous crackdown on the illegal sale of tobacco to minors; protections XIII. ANNUAL TOBACCO PAYMENTS AND the cost of tobacco products within two from secondhand smoke; disclosure of to- years. This is vitally important for reducing SPENDING bacco industry documents; funding for to- tobacco use by young people. Protecting the Industry Payments: The KIDS Act would bacco-related health and cessation research; FDA’s authority, protecting a State’s ability require a non-deductible industry payment assistance to tobacco farmers; and support to develop and enforce stronger public health of $10 billion immediately upon enactment. for efforts to reduce tobacco use internation- measures, and other such provisions make That payment would be used by states and ally. local communities, as well as the federal this proposal very attractive. We understand The KIDS Act also addresses issues relat- government, to begin implementation of the that you will address environmental tobacco ing to the tobacco industry’s liability. It strong anti-tobacco measures authorized smoke and we will be pleased to work with would make the internal documents the to- under the Act. you on that. You are also to be commended bacco industry has been forced to produce One year after enactment the industry for recognizing that the United States must available to plaintiffs and the general public. would make a payment of $20 billion to the play an enhanced role in promoting enlight- It would also require the tobacco industry to National Tobacco Trust Fund. Each year ened policies toward tobacco in other coun- make a minimum annual tort-related pay- thereafter the industry payment would be tries. We have a moral imperative to lead in ment of $4 billion a year, no matter what $25 billion, indexed to inflation. These pay- this area as well as protecting the public happens in the courts. It contains no limita- ments would be assessed based upon each health within the United States. tions on class action or the rights of individ- company’s share of the overall tobacco mar- We look forward to continuing to work uals to collect full compensatory or punitive ket. Twenty-five percent of the payments with you as you finalize this very promising awards from the industry, nor does it protect would be deemed punitive, and therefore proposal. There is much to be done this year, the industry from being held accountable for non-deductible. but the announcement of your bipartisan ef- future misconduct. However, it does contain Payments to States: As under the June fort is a major step forward in our long bat- an annual cap of $8 billion a year on civil li- 1997 Tobacco Agreement, $193.5 billion over tle for a tobacco policy. ability payments for the tobacco industry in the 25 year period would be reserved for state Sincerely, suits based on past action. use. Of those funds, fifty percent would be C. EVERETT KOOP, M.D., While we await the receipt of the actual distributed to the states to use at their dis- Sc.D. legislative language, we believe that this cretion. The remaining fifty percent would DAVID A. KESSLER, M.D. proposal would significantly reduce tobacco be allocated to the states in the form of a use, particularly among children, and would Health, Human Services and Education block THE KIDS ACT ALLOCATION OF INDUSTRY rein in the tobacco industry. We strongly grant to be used to meet each State’s par- PAYMENTS support this proposal’s major features with ticular needs in these areas. The following amounts represent the an- the exception of the liability cap. ENACT be- Additionally, $500 million annually would nual maximum spending for each of the ac- lieves that only a comprehensive bill that be made available to states meeting or ex- tivities, assuming a 25% excise tax offset. meets our minimum criteria can adequately ceeding youth tobacco reduction targets. [In billions of dollars] address the complex problem of tobacco use Payments for National Programs: Under and reduce the number of kids who start States—no strings ...... $3.000 using tobacco, and the number of adults who the KIDS Act, $4 billion of the industry’s States—Human Services Block die each year. ENACT is committed to work- yearly payment would be directed to the Na- Grant ...... 3.000 ing with Senators Harkin, Chafee and tional Victim’s Compensation Fund as the States—bonus pool ...... 0.500 Annual Base Payment. Remaining industry Graham, as well as all Members of Congress payments would be used exclusively for na- States—total ...... 6.500 from both parties, to enact a comprehensive, tional anti-tobacco and public health pur- bipartisan, well-funded and sustainable to- bacco control policy. poses. These include funding for smoking Smoking Cessation ...... 1.500 cessation, counteradvertising, and commu- Counteradvertising ...... 0.550 [From USA Today, Mar. 20, 1998] nity and school-based prevention programs, Community-based Prevention ..... 1.000 BILLION-DOLLAR BLINDERS HIDE TOBACCO international education, health research, School-based Prevention ...... 0.300 DEAL’S FLAWS and other activities outlined in this sum- Youth Database/Evaluation ...... 0.175 Big Tobacco has a politically enticing offer mary. Event Sponsorship Replacement 0.075 for lawmakers. Give us some legal protection Tobacco Prevention Research ..... 0.600 against our past sins, and we’ll pony up bil- March 11, 1998 International Education ...... 0.100 lions of dollars every year to fund your pet Hon. TOM HARKIN, Native American Programs ...... 0.200 programs. Hon. JOHN CHAFEE, Environmental Tobacco Smoke ... 0.200 The offer proved too much for state attor- Hon. BOB GRAHAM, FDA ...... 0.300 neys general. U.S. Senate, Anti-Smuggling Efforts ...... 0.100 They signed a loophole-ridden settlement Washington, DC. deal last June that gave a slap on the wrist DEAR SENATORS HARKIN, CHAFEE AND Anti-Tobacco Program Total 5.100 to the industry and threw new roadblocks in GRAHAM: We are sorry we are not able to be NIH Research ...... 3.225 front of the regulation of nicotine by the with you in person as you introduce your Victim’s Compensation Fund ...... 4.000 Food and Drug Administration (FDA) March 31, 1998 CONGRESSIONAL RECORD — SENATE S2859

Next week, Senate Commerce Committee COMPARING THE SETTLEMENTS Already, other ideas are surfacing. The Chairman John McCain will try to do better The so-called KIDS Act toughens the June committee seems settled on a $1.10-per-pack as his panel marks up a settlement plan. 1997 attorneys general settlement on several price increase for cigarettes and is discussing He’s hoping to put together a tougher deal— key fronts. an annual liability cap ranging from $5 bil- one that will win the backing of health Annual payments lion to $8 billion. FDA authority over to- groups and members of both parties, and still bacco, meanwhile, remains a sticking point. secure the industry’s consent. A delicate bal- Settlement: Maximum of $15 billion a year The principles of the bipartisan bill are ancing act, to be sure, and one that comes for a total of $368.5 billion over the next 25 central to reaching a fair accord with the big amid fierce partisan wrangling, turf wars years. tobacco companies over the immense harm KIDS Act: Maximum of $25 billion a year and general election-year money-grubbing. they have caused the American people. As for a total of $630 billion over next 25 years. Until last week, no proposals fit the bill. such, the bill should be taken seriously by Either they were winners for the tobacco in- Teen smoking Collins, Snowe and their Senate colleagues. dustry or they couldn’t get support from Settlement: 60% cut in smoking rates Mr. CHAFEE. Mr. President, over the across the aisle. Sens. Tom Harkin, John within 10 years. Chafee and Bob Graham broke the pattern KIDS Act: 65% cut in smoking rates within course of the next month or two, the with a bipartisan bill that has won over key 10 years. Senate will have the opportunity to de- health advocates. Failure to reduce teen smoking bate how best to address the most sig- Among their plan’s virtues: nificant, preventable public health It would impose annual industry payments Settlement penalty: Maximum of $2 billion of $25 billion—two-thirds higher than the a year. problem confronting this nation today: settlement. That would push up the price of KIDS Act: No; but does put an $8 billion the scourge of tobacco use by our a pack of cigarettes by $1.50, deterring smok- annual cap on total damages. young people. The Senate will face ing by children—the most important objec- Class-action lawsuit immuity some difficult choices in this regard. tive of any settlement. Settlement: Yes, but individuals could still The grim statistics about this epi- Better yet, the deal would severely punish sue. demic, coupled with almost daily rev- individual firms if they failed to meet com- KIDS Act: No; but does put an $8 billion pany-specific teen smoking reduction tar- elations of tobacco industry misdeeds, annual cap on total damages. gets—a clear incentive for each to join the underscore the need for our earnest ac- effort to cut teen smoking. The industry as FDA regulations tion. a whole could be fined up to $10 billion a year Settlement: Imposes new restrictions on We can all agree, where adults are if teen smoking rates aren’t cut by 65% with- FDA tobacco regulations. concerned personal responsibility must in 10 years. KIDS Act: Preserves FDA authority. be the rule; tobacco is a legal product The measure preserves the FDA’s ability Advertising and adults are free to make that to regulate tobacco. The industry had Settlement: Tough restrictions, including snookered the attorneys general by requiring choice. However, the same level of ban on human forms, Internet ads. the FDA to meet absurd burdens of proof. independent judgment cannot be said KIDS Act: Similar changes. Finally, there’s no offer of blanket immu- where fourteen year-olds are con- Source: USA Today research. nity on class-action suits, as the attorneys cerned. Bear in mind, only one in ten general allowed. People harmed by the in- [From the Portland Press Herald, Mar. 28, smokers takes up smoking after the dustry could recover up to $8 billion a year 1998] age of eighteen; the remainder start from an industry-financed liability fund. The offer to industry: Your total costs will SENATE SHOULD PASS A BETTER TOBACCO well before that stage. be capped at $39 billion a year. Put in per- DEAL All of us—Democrats and Repub- spective, domestic cigarette sales are about Legislation settling claims against the to- licans—share a deep and abiding con- $50 billion a year. bacco industry is now before the Senate cern about this problem, and a recogni- The two most prominent tobacco industry Commerce Committee. The committee’s tion that now is the time for action. foes of recent years—former surgeon general chairman, Sen. John McCain, R-Ariz., is try- However, each of us has different C. Everett Koop and former FDA head David ing to forge a compromise among Demo- Kessler—both endorsed the Harkin-Chafee thoughts on how best to attack this crats, Republicans and opponents and sup- problem. The Commerce Committee bill, calling it ‘‘tough medicine for a tough porters of the tobacco lobby. problem.’’ The starting point in this process is a set- draft bill offers a good beginning, but it Whatever its merits, this is the minimum tlement agreement negotiated last year be- must be strengthened. Senators HAR- acceptable. Yet the risk that Congress will tween the tobacco companies and the attor- KIN, GRAHAM and I believe that an ag- gut it and pass a flimsy substitute is enor- neys general from 40 states. It is a deeply gressive, but responsible approach is mously high. The industry is sure to throw flawed document that gives up too much to essential if we are to be successful in its weight behind weaker bills; and with ev- big tobacco. reducing teen tobacco use. eryone in Washington salivating over the What that agreement lacks—and what any prospect of all that money to spend on pet This is why the KIDS Act would force final agreement should have—is the approval the price of cigarettes up by $1.50 over programs in an election year, priorities eas- of two men who have fought hard to reduce ily will be warped. tobacco’s deadly toll on the American peo- the course of two—not four, five or There are already so many meat hooks in ple. C. Everett Koop, the former surgeon gen- six—years. The price hike must be sig- the funds that it would take several deals to eral, and David Kessler, former head of the nificant and rapid in order to affect the appease all interests. President Clinton Food and Drug Administration, have opposed purchasing behavior of children; the wants to fund everything from child care to the tobacco settlement as it is now. evidence solidly favors that position. Medicare with the money. Some Republicans Much of what Koop and Kessler seek is in want to use the tobacco funds to pay for tax Simply put, a smaller increase of only a bipartisan proposal sponsored by Sens. cuts, others to pay for reforming the IRS. $1.10 over a longer period of time—in Tom Harkin, D-Iowa, John Chafee, R-R.I. Advocacy groups see the chance to fund their and Bob Graham, D-Fla. Maine Sens. Susan effect 20 cents per year in the Com- cherished programs. Collins, who sits on the commerce commit- merce Committee draft—will not As the prospect of billions of dollars draws achieve the desired result. As a result closer, even ardent health advocates might tee, and Olympia Snowe should back it or be tempted to dispense with sweating the de- legislation that has the same basic elements. of our aggressive approach on price, tails. The proposal would raise the price of ciga- the KIDS Act would halve teen smok- But the point of this exercise isn’t to raise rettes by $1.50 a pack, extracting $25 billion ing within just three years! lots of money, boost the size of the federal a year from the tobacco companies as pay- That is also why the KIDS Act con- government, or enrich a bunch of trial law- ment for the huge costs imposed by these tains very stiff so-called look-back’’ yers. The goal is to cut the horrendous products on the government. Unlike the set- tlement negotiated with the states, it gives penalties if the industry fails to meet human toll smoking imposes on society. The the annual youth reduction targets only effective way to do that is to stop the the FDA unfettered control over tobacco. It supply of new addicts. also has strong proposals for reducing youth specified in our bill. Unlike the Com- That for the most part means keeping smoking and sets up a system for processing merce Committee draft, the KIDS Act teens from taking up the habit. More than claims against the tobacco companies with- emphasizes company-specific penalties nine in 10 regular smokers started smoking out granting them immunity from future to ensure that the companies who do before celebrating their 19th birthday. The lawsuits. the addicting take the hit. Addition- Harkin proposal would give industry a In return, the tobacco companies would see ally, our annual penalties are capped at their liabilities in civil suits capped at $8 bil- strong push to help curb this trend despite $10 billion per year, as opposed to $3.5 the long-term consequences for the industry. lion a year. This is a far better approach In the end, however, lawmakers must be than the blanket protection from future law- billion in the Commerce Committee willing to chuck a bad deal, even if that suits contained in the agreement negotiated draft. These look-back penalties are means killing the golden tobacco goose. by the attorneys general. the very heart of our efforts to curb S2860 CONGRESSIONAL RECORD — SENATE March 31, 1998 youth tobacco use; if they miss the In closing, I urge my colleagues to The KIDS Act would dramatically mark, the whole program is the weaker examine the KIDS Act and to join with change the rules governing tobacco ad- for it. us in working to pass a strong, respon- vertising and sales. It would limit to- This is also why the KIDS Act pro- sible tobacco bill as quickly as pos- bacco companies to black-and-white vides roughly $5.1 billion per year for sible. We look forward to working with text advertisements—no more human anti-tobacco programs, including our respective Leaders, Senator images, cartoon characters, outdoor counteradvertising, school and commu- MCCAIN, and our colleagues toward displays, sports and entertainment nity-based prevention and education that end. sponsorships, or product giveaways. It programs, cessation and other initia- Mr. GRAHAM. Mr. President, I rise would also encourage illegal tobacco tives. For those who think this is too today with my colleagues, Senator purchases by banning vending ma- much spending, we spend a lot more JOHN CHAFEE and Senator TOM HARKIN, chines sales of cigarettes and requiring money on addressing other ills which to introduce the Kids Deserve Freedom state licensing of tobacco retailers. kill far fewer than 400,000 Americans from Tobacco Act of 1998, legislation Stores caught selling to minors would per year. which if passed will have a monu- face severe financial penalties. Recognizing that the needs of each mental effect on the number one public state are very different, the KIDS Act health problem facing America’s PAYMENTS TO STATES hands back $6 billion per year to the youth: underage smoking. In addition to the federal money it states in recognition of the costs and This legislation is the first biparti- channels to states through bonus pay- damages they have incurred in treating san, comprehensive piece of legislation ments, incentives, grants, and federal tobacco-related illnesses. Importantly, which has the support of the Adminis- programs, the KIDS Act would directly this funding could be used to meet the tration and the public health commu- distribute almost $200 billion over 25 particular needs of each state; flexibil- nity. Since the beginning of this school years—a third of the settlement ity is the key with respect to the use of year, more than half a million kids money—to individual states to spend this funding. One pool of $3 billion per have started smoking. If we don’t act on a broad array of health and anti-to- year could be used to meet any need; soon, another half million children will bacco programs. the other pool of $3 billion takes the take up the habit by the start of the As a former Governor, I strongly be- form of a health, human services and next school year. And by its inaction, lieve that states deserve to be recog- Congress will have signed their death education block grant to meet vir- nized for their efforts to bring the to- tually any human need. warrants. In Florida alone, where minors pur- bacco industry to the table. Without Our bill also includes a State Per- state’s efforts, Congress would not be formance Bonus Pool to help incent chase more than 12 million packs of cigarettes each year, 28% of high in the position to introduce this bill and enlist states in the war against today. Any legislation contemplated by teen tobacco use, and we need all the school students currently smoke ciga- rettes. Nationally, the number is closer this Congress must recognize the State stakeholders we can get! As a con- crucial role in this process. sequence of these provisions, the Na- to 35%. The KIDS Act takes a number tional Governors Association supports of strong actions—all of which would CAP ON ANNUAL INDUSTRY PAYMENTS the state payment mechanism con- be funded by the industry’s annual $25 Unlike last year’s national settle- tained in the KIDS Act. billion payment—to lower the rate of ment, the KIDS Act would not safe- Some have pointed out that the draft youth and teenage smoking. These in- guard the tobacco industry from future Commerce Committee bill incorporates clude: lawsuits. It ensures reliable industry the cap on annual liability payments PRICE INCREASE payments, so that the industry cannot included in our bill—although at $6.5 Because public health experts agree use the excuse of financial woes to billion, not $8 billion. My response is that substantially increasing the cost avoid its annual $25 billion commit- that the cap cannot be examined in iso- of cigarettes is the most effective way ment. As such, it would require that lation from the other parts of the legis- of keeping adolescents from buying tobacco firms deposit $4 billion/year lation. If, for example, the youth smok- them, the KIDS Act would force the to- into a ‘‘National Victims Compensa- ing provisions are not as tough as they bacco industry to raise the price-per- tion Fund.’’ Money from that fund should be, than I question the appro- pack of cigarettes and other tobacco would be used to pay victims who set- priateness of a liability cap. products by $1.50 over the next two tle claims or win judgments against Now, some people have said our bill years. the industry. The industry would also In addition to raising the price of to- is too tough and could bankrupt the to- have to pay up to $4 billion/year in any bacco products, the KIDS Act would es- bacco industry. Says who? The tobacco additional claims—a maximum total of tablish ambitious goals for the reduc- companies? I’m not sure we can rely $8 billion/year. upon their representations if past his- tion of teenage tobacco use. The bill I want to stress that my colleagues, tory is any judge. What about the secu- would mandate that the tobacco indus- Senators CHAFEE and HARKIN, and I be- rities analysts who understand the fi- try reduce youth smoking by 65 per- lieve that this is our best and possibly nancial workings of the tobacco indus- cent over the next ten years—or face as try? Can we rely upon these individuals much as $10 billion in annual penalties. our only chance to get this historic and firms when many of these same States, on the other hand, would be re- legislation passed. We cannot let this companies manage pension and mutual warded for reducing teen tobacco use. opportunity slip away. A half-hearted, fund portfolios with significant invest- The KIDS Act would set aside $500 mil- piecemeal effort simply won’t do. ments in tobacco stocks? Frankly, I lion of bonus money each year for think the only reliable measure of states that meet or exceed annual By Mr. DASCHLE (for himself, what the industry can truly afford smoking reduction targets. Mr. KENNEDY, Mrs. BOXER, Mr. would be an independent audit—not an MARKETING REFORMS DODD, Ms. MIKULSKI, Mrs. FEIN- illogical request of an industry which For decades, the tobacco industry STEIN, Mr. DURBIN, Mr. REED, seeks a virtually unprecedented deal has pushed its products on young Mr. INOUYE, Mr. TORRICELLI, with the federal government, the sev- Americans both overtly—on billboards Mr. KERRY, Ms. MOSELEY- eral states and the American people. and through the prominent sponsorship BRAUN, Mr. WYDEN, Mr. LAU- The KIDS Act would require the in- of sports like auto racing—and subtly, TENBERG, Mr. ROCKEFELLER, Mr. dustry to pass along in the price of its through characters like Joe Camel. CLELAND, Mr. LEAHY, Mrs. MUR- products an annual payment of $25 bil- Their efforts have been helped by the RAY, Mr. WELLSTONE, Mr. SAR- lion. Given discussions we have had shockingly easy access that many mi- BANES, Mr. AKAKA, and Mr. with a variety of experts, both inside nors have to tobacco products. Nation- BINGAMAN): and outside the government, we do not ally, more than 62 percent of 12-to-17 S. 1891. A bill to amend the Internal believe the payment requirements in year-old smokers report that they buy Revenue Code of 1986 to protect con- our bill would jeopardize the profit- their own cigarettes. Nearly half of sumers in managed care plans and ability or future viability of the to- those minors were never asked to show other health coverage; to the Commit- bacco industry. proof of age. tee on Finance. March 31, 1998 CONGRESSIONAL RECORD — SENATE S2861 THE PATIENTS’ BILL OF RIGHTS ACT OF 1998 limiting inappropriate financial incen- take him to a distant emergency room Mr. DASCHLE. Mr. President, I join tives to deny care. It also would put a rather than the one close to their my colleagues in introducing the Pa- stop to arbitrary decisions by plans to home. tients’ Bill of Rights Act of 1998. This limit care, such as decisions to dis- A Senate aide suffers a devastating legislation has been developed coopera- charge mastectomy patients from the stroke which might have been far mild- tively with Democrats in the House hospital before it is medically appro- er if her HMO had not refused to send and Senate to address a growing con- priate. her to an emergency room—the HMO cern of the American public, the qual- Finally, the bill would hold plans le- now refuses to pay for her wheelchair. ity of care delivered by health plans gally accountable for decisions to deny A doctor is denied future referrals be- and insurance companies. Today, three or delay care that result in harm to pa- cause he tells a patient about an expen- of every four working, insured Ameri- tients. Today, 125 million Americans sive treatment that could save her life. cans are in managed care plans, and far who get their health care through their A child suffering from a rare cancer too many have experienced serious employer have little recourse if their is told that life-saving surgery should problems with their coverage. We all plans’ decisions harm them, even when be performed by an unqualified doctor know someone with a horror story in the decisions lead to death. Doctors who happens to be on the plan’s list, that regard. and hospitals are held accountable for rather than by the nearby cancer spe- Today, David Garvey of Illinois told their decisions, but health plans are cialty center equipped to provide qual- us the tragic story of his wife, who had not, and that is something that needs ity care. taken a ‘‘dream’’ vacation to Hawaii to change. A San Diego paraplegic asks for re- with a few of her friends. When she ar- The Patients’ Bill of Rights is an im- ferral to a rehabilitation specialist. rived in Hawaii, she noticed some portant proposal that has the backing Her HMO refuses, and she develops a bruises on her body. She went to a clin- of the American Medical Association, severe pressure wound that a rehabili- ic and was quickly admitted to the hos- Consumers Union, Families USA, the tation specialist would have routinely pital. She was diagnosed with aplastic National Association of Children’s Hos- checked and treated. She is forced to anemia. Her doctor in Hawaii began a pitals and numerous other organiza- undergo surgery, and has to be hos- course of treatment, and said that she tions that advocate for quality patient pitalized for a year with round-the- would likely need a bone marrow trans- care. clock nursing care. plant to save her life. I hope we can engage in productive A woman is forced to undergo a Several days into the treatment, her debate on this issue in the coming ‘‘drive-by’’ mastectomy and is sent HMO called from Chicago and said she months and pass legislation to improve home in pain, with tubes still dangling had to return to Chicago for the treat- the quality of health care for the from her body. ment and transplant. They insisted American people. The list goes on and on. Mr. KENNEDY. Mr. President, the that she return, even over the strong The opponents of action are already time for action to protect patients and objections of the doctor in Hawaii who waging a calculated and well-financed curb insurance company abuse has said that she was not stable enough to campaign of disinformation arguing come. We face a crisis of confidence in travel and that her immune system that protecting patient’s rights is the health care. A recent survey found that could not fight infection. Mr. Garvey same as massive government mandates an astonishing 80 percent of Americans tried to talk to the decisionmakers in and vastly increased costs. But the now believe that their quality of care the plan, but they insisted that she re- American people know better. is often compromised by their insur- turn to Chicago or forego coverage. As Opponents of the legislation try to ance plan to save money. One reason create a false dichotomy between rely- the medical bills were adding up, Mrs. for this concern is the explosive growth Garvey had no choice but to fly back to ing on competitive market forces and in managed care. In 1987, only 13 per- relying on regulatory standards. In Chicago. During that flight, Mrs. Gar- cent of privately insured Americans fact, this amendment helps competi- vey had a stroke, and within days of were enrolled in HMOs. Today 75 per- tion by establishing a level playing her return, she developed a fungal in- cent are in some form of managed care. fection. Ten days later, she died. At its best, managed care offers the field between those who compete by Mr. President, I am outraged by what opportunity to achieve both greater ef- providing quality care at a reasonable happened to the Garveys and believe ficiency and higher quality in health cost and those who try to compete by we need legislation to protect patients care. In too many cases, however, the attracting only healthy enrollees and against medically inappropriate deci- priority has become higher profits, not denying those who fall ill the care they sions by health plans that too often put better health. Conventional insurance have promised. the financial bottom line before pa- companies, too, have abused the sys- This legislation guarantees people tients’ health care needs. tem by denying coverage for treat- the rights that every scrupulous insur- The bill I am introducing today ments that their customers need and ance company already provides. These would provide enforceable protections that their faithful payment of pre- rights are common-sense statement of for millions of patients. It would en- miums should have guaranteed. components of quality care that every sure access to medically needed care, And the issue is not just confidence. family believes they have been prom- including coverage at emergency It goes to the heart of the issue of qual- ised when they signed up for coverage rooms. It would allow patients with se- ity care and to the fundamental doc- and faithfully paid their premiums. rious conditions to see their specialist tor-patient relationship. In California, Let me cite a few of these common- without asking permission each time a Kaiser Foundation study found that sense rights specified in our legisla- and would allow women direct access almost half of all consumers reported a tion. They include access to an appro- to their ob/gyn. problem with their health plan—and priate specialist when your condition The bill would allow patients denied substantial proportions reported that requires specialty care. They allow benefits to appeal decisions both with- the plan’s misbehavior caused unneces- people with chronic illnesses or disabil- in the plan and to an independent, ex- sary pain and suffering, delayed their ities to have standing referrals to the ternal reviewer. When a plan says no to recovery, or even resulted in perma- specialists they need to see on a regu- a treatment that your doctor says you nent disabilities. Projected to the na- lar basis. They assure that patients need, you should be able to appeal to tional level, these results indicate that who need a prescription drug to save an independent body that has no finan- 30 million Americans actually devel- their life or their health can have ac- cial stake in the decision. This bill oped additional health problems be- cess to it even if it is not included in gives every patient that right and says cause of their plan’s treatment of their plan’s formulary. the decision has to be made in a time them, and a shocking 11 million devel- They assure that a person suffering frame that will not put the patient at oped permanent disabilities. from serious symptoms can go to the risk. The list of those victimized by insur- nearest emergency room without wor- The Patients’ Bill of Rights provides ance company abuse grows every day. rying that their plan will deny cov- protection for the provider-patient re- A baby loses his hands and feet be- erage. No patient with the symptoms lationship by banning gag clauses and cause his parents believe they have to of a heart attack should be forced to S2862 CONGRESSIONAL RECORD — SENATE March 31, 1998 put their life at risk by driving past are scarcely worth the paper on which My views on this issue are based on the emergency room down the street to they are written. When the issues are more than 20 years of experience in the the network provider an hour or more sickness and health—and often as seri- criminal justice system: as a prosecu- away. No patient with symptoms of ous as life and death—no health insur- tor in Greene County, Ohio; in the Ohio stroke should be forced to delay the ance company should be allowed to be State Senate; as a United States Con- treatment to the point where paralysis both judge and jury. gressman on the Judiciary Committee; and disability is permanent, because a When health plan misconduct results as Lieutenant Governor overseeing clerk two thousand miles away does in serious injury or death, patients and anti-crime and anti-drug efforts; and not respond promptly and appro- their families should be able to obtain now, as a member on the Senate Judi- priately. And no patient who goes to an accountability. Every other industry in ciary Committee. I have had an oppor- emergency room with symptoms of a America can be held responsible for its tunity to work on criminal justice heart attack that proves to be a false actions. Why should health plans, issues from the local, state, and federal alarm should suffer a real heart attack whose decisions truly can mean life or levels, and have been fortunate to see when a bill for thousands of dollars ar- death, enjoy this unique immunity? firsthand what Congress can do to help rives that the health insurer has re- Reforms must protect the integrity local communities be victors in the fused to pay. of the doctor-patient relationship. war on crime. This amendment also says that any ‘‘Gag clauses’’ and improper incentive Because 90 percent of all criminal reform worthy of the name must guar- arrangements should have no place in prosecution is local, the fight against antee that insurance plans meet the American medicine. crime will be won or lost by local law special needs of women and children. And finally, everyone should agree enforcement, local prosecutors and Women should have access to gyne- that noncontroversial steps to improve courts, and concerned citizens in every cologists for needed services. No quality and provide greater patient in- community. I believe the best way for women with breast cancer should be formation should be part of reform. the federal government to help local forced to endure a ‘‘drive-by’’ mastec- This amendment should not be con- communities fight crime is to return tomy against the advice of her doctor. troversial for any member of the Sen- more money to those communities, be- No child with a rare childhood cancer ate who is serious about protecting pa- cause in the final analysis, it is they should be told that the urologist who tients from insurance company abuse. who will get the job done. For too long happens to be in the plan’s network Its basic provisions were included in the Federal Government has had all will treat him—even if that urologist legislation introduced by Democrats in the money—and local communities all has no experience or expertise with the House and Senate. That legislation the crime. Local communities know children or with that rare cancer. is supported by the American Medical what works—and they should have the Too many desperate patients—espe- Association, the Consortium of Citi- resources. From 1999–2003, this Act authorizes cially cancer patients—know that their zens with Disabilities, the National Al- $750 million each year for direct grants only hope for survival is participation liance for the Mentally Ill, the Na- to local law enforcement to reduce in a clinical trial. Such trials not only tional Partnership for Women and crime and improve public safety. Dis- offer hope to patients, they also ad- Families, the National Association of tributions are made by the Bureau of vance our knowledge and lead to better Children’s Hospitals, the AFL–CIO, and Justice Assistance on a formula basis, treatments for dread diseases. Many in- many other groups representing physi- directly to local governments. Grants surers have routinely paid for the med- cians and other health care providers, may include, but are not limited to, ical costs associated with clinical children, women, families, consumers, equipment and law enforcement per- trials, because they knew they offered persons with disabilities, Americans sonnel, enhancing school security benefits for patients and because the with serious illnesses, and working measures, violent offender adjudica- patients would incur medical costs in families. tion, drug courts, crime prevention any event, even if they were not part of It is rare for such a broad and diverse programs and youth intervention pro- the trial. But today, many insurers are coalition to be assembled in support of grams. backing away from that constructive any legislation. But ending these fla- One of the most frequent uses of this policy. Managed care plans, in particu- grant abuses will help every American grant money in Ohio, and by local law lar, have often denied their patients family. enforcement across the country, has the ability to participate in such trials. The choice is clear. The Senate been for crime fighting technology. I Our legislation provides patients a should stand with patients, families, believe there is a critical need to mod- right to participate in such trials if and physicians. We must not stand ernize the crime fighting tools used by stringent conditions are met. There with the well-heeled special interests local law enforcement, who have been must be no standard treatment that is that put profits ahead of patients. fighting increasingly sophisticated effective for the patient, and the pa- criminals with outmoded tools. That’s By Mr. DEWINE (for himself, Mr. tient must be suffering from a serious why I am expressly providing that HATCH, Mr. LEAHY, and Mr. or life-threatening illness. The trial funds may also be used for information SPECTER): must be funded by the NIH or another and identification technology, such as S. 1893. A Bill to establish a law en- government agency meeting NIH criminal history information, finger- forcement block grant program; to the standards. And the trial must offer the print dissemination, and DNA and bal- Committee on the Judiciary. patient a realistic hope for clinical listics tests. benefit. THE LOCAL LAW ENFORCEMENT BLOCK GRANT Let me underscore here that this Act Patients need the right to appeal de- ACT OF 1998 leaves to local governments the deci- cisions on their plans to independent Mr. DEWINE. Mr. President, today I sion regarding what their funding pri- third parties. Today, if a health plan rise to introduce the Local Law En- orities should be, while at the same breaks its promise, the only recourse forcement Block Grants Act of 1998, time requiring accountability as to for most patients is to go to court—a which reauthorizes the very successful how funds are ultimately used. Local time-consuming and costly process Local Law Enforcement Grant Pro- advisory boards also have an oppor- that may not provide relief in time to gram. This program gives local govern- tunity to recommend how monies are save a life or prevent a disability. ments the resources to fight crime, spent as well. These funds will help Independent review was rec- without the ‘‘Washington knows best’’ local law enforcement meet the critical ommended unanimously by the Presi- strings attached. I believe it is a mis- local needs, by letting them put the re- dent’s Commission. It has worked suc- take for Washington to try to micro- sources where they are needed most. cessfully in Medicare for four decades. manage how local communities spend f Working families deserve the basic their law enforcement dollars. Instead fairness that only an impartial appeal Washington should play the role of ADDITIONAL COSPONSORS can provide. Without such a mecha- partner with local law enforcement to S. 71 nism, any ‘‘rights’’ guaranteed to pa- improve the tools they use to fight At the request of Mr. DASCHLE, the tients exist on paper only—and they crime. names of the Senator from Connecticut March 31, 1998 CONGRESSIONAL RECORD — SENATE S2863

(Mr. DODD) and the Senator from Cali- ble of defending the territory of the current resolution on the budget for fornia (Mrs. FEINSTEIN) were added as United States against limited ballistic fiscal year 1998. cosponsors of S. 71, a bill to amend the missile attack. At the request of Mrs. MURRAY the Fair Labor Standards Act of 1938 and SENATE CONCURRENT RESOLUTION 30 names of the Senator from Connecticut the Civil Rights Act of 1964 to provide At the request of Mr. LIEBERMAN, the (Mr. DODD) and the Senator from Mas- more effective remedies to victims of name of the Senator from Nevada (Mr. sachusetts (Mr. KENNEDY) were added discrimination in the payment of REID) was added as a cosponsor of Sen- as cosponsors of amendment No. 2165 wages on the basis of sex, and for other ate Concurrent Resolution 30, a concur- proposed to S.Con.Res. 86, supra. purposes. rent resolution expressing the sense of AMENDMENT NO. 2166 S. 885 the Congress that the Republic of At the request of Mr. REID his name At the request of Mr. D’AMATO, the China should be admitted to multilat- was added as a cosponsor of amend- name of the Senator from Iowa (Mr. eral economic institutions, including ment No. 2166 proposed to S.Con.Res. HARKIN) was added as a cosponsor of S. the International Monetary Fund and 86, an original concurrent resolution 885, a bill to amend the Electronic the International Bank for Reconstruc- setting forth the congressional budget Fund Transfer Act to limit fees tion and Development. for the United States Government for charged by financial institutions for fiscal years 1999, 2000, 2001, 2002, and SENATE CONCURRENT RESOLUTION 75 2003 and revising the concurrent resolu- the use of automatic teller machines, At the request of Mr. FEINGOLD, the and for other purposes. tion on the budget for fiscal year 1998. names of the Senator from Iowa (Mr. At the request of Mr. GRAHAM his S. 1141 GRASSLEY), the Senator from Georgia name was added as a cosponsor of At the request of Mr. JOHNSON, the (Mr. COVERDELL), the Senator from In- amendment No. 2166 proposed to name of the Senator from North Da- diana (Mr. LUGAR), and the Senator S.Con.Res. 86, supra. kota (Mr. CONRAD) was added as a co- from Connecticut (Mr. DODD) were AMENDMENT NO. 2173 sponsor of S. 1141, a bill to amend the added as cosponsors of Senate Concur- At the request of Mr. DASCHLE his Energy Policy Act of 1992 to take into rent Resolution 75, a concurrent reso- name was added as a cosponsor of account newly developed renewable en- lution honoring the sesquicentennial of amendment No. 2173 proposed to ergy-based fuels and to equalize alter- Wisconsin statehood. S.Con.Res. 86, an original concurrent native fuel vehicle acquisition incen- SENATE RESOLUTION 170 resolution setting forth the congres- tives to increase the flexibility of con- At the request of Mr. SPECTER, the sional budget for the United States trolled fleet owners and operators, and name of the Senator from Georgia (Mr. Government for fiscal years 1999, 2000, for other purposes. COVERDELL) was added as a cosponsor 2001, 2002, and 2003 and revising the con- S. 1473 of Senate Resolution 170, a resolution current resolution on the budget for At the request of Mr. GRAHAM, the expressing the sense of the Senate that fiscal year 1998. names of the Senator from Mississippi the Federal investment in biomedical At the request of Ms. MOSELEY- (Mr. LOTT) and the Senator from Wyo- research should be increased by BRAUN her name was added as a co- ming (Mr. ENZI) were added as cospon- $2,000,000,000 in fiscal year 1999. sponsor of amendment No. 2173 pro- sors of S. 1473, a bill to encourage the AMENDMENT NO. 1422 posed to S.Con.Res. 86, supra. development of a commercial space in- At the request of Mr. MCCAIN the AMENDMENT NO. 2174 dustry in the United States, and for name of the Senator from Rhode Island At the request of Mr. DASCHLE his other purposes. (Mr. CHAFEE) was added as a cosponsor name was added as a cosponsor of S. 1580 of amendment No. 1422 intended to be amendment No. 2174 proposed to At the request of Mr. SHELBY, the proposed to S. 1173, a bill to authorize S.Con.Res. 86, an original concurrent name of the Senator from Virginia (Mr. funds for construction of highways, for resolution setting forth the congres- WARNER) was added as a cosponsor of S. highway safety programs, and for mass sional budget for the United States 1580, a bill to amend the Balanced transit programs, and for other pur- Government for fiscal years 1999, 2000, Budget Act of 1997 to place an 18-month poses. 2001, 2002, and 2003 and revising the con- moratorium on the prohibition of pay- AMENDMENT NO. 1618 current resolution on the budget for fiscal year 1998. ment under the medicare program for At the request of Mr. MCCAIN the home health services consisting of name of the Senator from New Hamp- AMENDMENT NO. 2175 At the request of Mr. DASCHLE his venipuncture solely for the purpose of shire (Mr. SMITH) was added as a co- obtaining a blood sample, and to re- sponsor of amendment No. 1618 in- name was added as a cosponsor of quire the Secretary of Health and tended to be proposed to S. 1488, a bill amendment No. 2175 proposed to Human Services to study potential to ratify an agreement between the S.Con.Res. 86, an original concurrent fraud and abuse under such program Aleut Corporation and the United resolution setting forth the congres- with respect to such services. States of America to exchange land sional budget for the United States S. 1677 rights received under the Alaska Na- Government for fiscal years 1999, 2000, 2001, 2002, and 2003 and revising the con- At the request of Mr. CHAFEE, the tive Claims Settlement Act for certain name of the Senator from Connecticut land interests on Adak Island, and for current resolution on the budget for fiscal year 1998. (Mr. DODD) was added as a cosponsor of other purposes. AMENDMENT NO. 2176 S. 1677, a bill to reauthorize the North AMENDMENT NO. 1619 At the request of Mr. DASCHLE his American Wetlands Conservation Act At the request of Mr. MCCAIN the and the Partnerships for Wildlife Act. name was added as a cosponsor of name of the Senator from Missouri amendment No. 2176 proposed to S. 1710 (Mr. BOND) was added as a cosponsor of S.Con.Res. 86, an original concurrent At the request of Mr. COCHRAN, the amendment No. 1619 intended to be pro- resolution setting forth the congres- name of the Senator from Nevada (Mr. posed to S. 1269, an original bill to es- sional budget for the United States REID) was added as a cosponsor of S. tablish objectives for negotiating and Government for fiscal years 1999, 2000, 1710, a bill to provide for the correction procedures for implementing certain 2001, 2002, and 2003 and revising the con- of retirement coverage errors under trade agreements. current resolution on the budget for chapters 83 and 84 of title 5, United AMENDMENT NO. 2165 fiscal year 1998. States Code. At the request of Mr. DASCHLE his f S. 1873 name was added as a cosponsor of At the request of Mr. COCHRAN, the amendment No. 2165 proposed to SENATE RESOLUTION 203—REC- name of the Senator from Maine (Ms. S.Con.Res. 86, an original concurrent OGNIZING THE UNIVERSITY OF COLLINS) was added as a cosponsor of S. resolution setting forth the congres- TENNESSEE LADY VOLUNTEERS 1873, a bill to state the policy of the sional budget for the United States BASKETBALL TEAM United States regarding the deploy- Government for fiscal years 1999, 2000, Mr. FRIST (for himself and Mr. ment of a missile defense system capa- 2001, 2002, and 2003 and revising the con- THOMPSON) submitted the following S2864 CONGRESSIONAL RECORD — SENATE March 31, 1998 resolution; which was considered and Whereas the 3,000 public health depart- terrorism. With less than 40 percent of agreed to: ments of the Nation provide the critical our health departments able to com- frontline of defense against the dangers S. RES. 203 municate by computer with CDC, it is posed by infectious disease outbreaks, natu- our obligation to provide public health Whereas the Lady Volunteers (referred to ral disasters, terrorist acts, and other seri- in this resolution as the ‘‘Lady Vols’’) won ous threats to the health of Americans; and with the manpower, training, and its third straight National Championship in Whereas ‘‘National Public Health Week’’ equipment needed to fight these grow- the National Collegiate Athletic Association provides an opportunity to highlight and ing threats. women’s basketball tournament on March 29, commend the efforts of public health profes- Our U.S. Public Health Service will 1998; sionals to protect, promote, and enhance the celebrate their 200th anniversary this Whereas the Lady Vols finished the 1997– health of all citizens in communities across summer, and the 50th anniversary of 1998 basketball season with a perfect record this country: Now, therefore, be it of 39 wins and zero losses; and the World Health Organization. Let us Resolved, That the Senate— Whereas the Lady Vols have won 6 Na- be the Congress that is known for mak- (1) recognizes the outstanding dedication tional Championships in the last 12 years; ing the health of our citizens our No. 1 of community, State, and Federal public Now, therefore, be it health professionals and services and com- priority. Resolved, That it is the sense of the Senate mends the professionals for their role in safe- Mr. President, it is my honor and that the University of Tennessee Lady Vol- privilege to submit to you today a Sen- unteers basketball team should be recog- guarding communities and workplaces, and improving health and well-being of Ameri- ate resolution to recognize the con- nized as the new dynasty in collegiate wom- tributions of public health and preven- en’s basketball. cans; and (2) calls upon Americans to celebrate ‘‘Na- tion services to our nation in an effort f tional Public Health Week’’ during the week to celebrate National Public Health SENATE RESOLUTION 204—TO COM- of April 6 through April 12, 1998, with appro- Week. priate activities and ceremonies. MEND AND CONGRATULATE THE f UNIVERSITY OF KENTUCKY Mr. FAIRCLOTH. Mr. President, I MEN’S BASKETBALL TEAM rise today to ask my colleagues to join AMENDMENTS SUBMITTED Mr. FORD (for himself and Mr. me in celebrating National Public Health Week during the week of April MCCONNELL) submitted the following CONCURRENT RESOLUTION ON resolution; which was considered and 6 through April 12. I believe that this THE CONGRESSIONAL BUDGET agreed to: years theme, ‘‘healthy people in healthy communities’’ says it all. It S. RES. 204. should be the goal of every single one SMITH AMENDMENTS NOS. 2179–2181 Whereas the University of Kentucky Wild- of us of help focus public attention on cats men’s basketball team defeated the Uni- Mr. SMITH (of Oregon) proposed versity of Utah’s team on March 30, 1998, in major health issues in our commu- three amendments to the concurrent San Antonio, Texas, to win its seventh Na- nities, and the contributions our public resolution (S. Con. Res. 86) setting tional Collegiate Athletic Association health professionals play in addressing forth the congressional budget for the (NCAA) championship; our health and safety needs. United States Government for fiscal Whereas, the Wildcats overcame the larg- Established by Congress in 1995, pub- years 1999, 2000, 2001, 2002, and 2003 and est halftime deficit in a championship game, lic health week affords us an oppor- revising the concurrent resolution on earning for themselves the nickname ‘‘The tunity to learn and to teach others Comeback Cats’’; the budget for fiscal year 1998; as fol- Whereas, Coach Tubby Smith, his staff, about public health success stories like lows: and his players displayed outstanding dedi- the elimination of small pox and polio AMENDMENT NO. 2179 cation, teamwork, unselfishness, and sports- and improvements in childhood immu- At the appropriate place in the bill, insert manship throughout the course of the season nization. Few people know that it was the following new section, and renumber the in achieving collegiate basketball’s highest public health that successfully waged remaining sections accordingly: honor; and the war to reduce lead from paint, fluo- SEC. . SENSE OF THE SENATE ON SOCIAL SECU- Whereas Coach Smith and the Wildcats ridate drinking water and protect peo- RITY TAXES. have brought pride and honor to the Com- ple from gasoline vapor, thus giving (A) FINDINGS.—The Senate finds that— monwealth of Kentucky, which is rightly our children a brighter future and gain- (1) financing for Social Security Old Age, known as the basketball capital of the world: Survivors, and Disability Insurance (OASDI) Now, therefore, be it ing a 30-year increase in life expect- is provided primarily by taxes levied on Resolved, That the Senate commends and ancy in the 20th century. wages and net self-employment income. The congratulates the University of Kentucky on Incidence of heart disease and stroke level of these tax rates is set permanently in its outstanding accomplishment. have dramatically declined through the law at the rate payable today; SEC. 2. The Secretary of the Senate shall public health community-wide edu- (2) more than ninety-five percent of the transmit a copy of this resolution to the cation initiatives. As someone who rep- work force—an estimated 148.2 million work- president of the University of Kentucky. resents people who live in the buckle of ers in 1998—is required to pay Social Secu- f rity taxes; the stroke belt in the United States, I (3) Social Security taxes are paid both by SENATE RESOLUTION 205—CELE- was pleased to learn that 2 million employees and employers and the self-em- BRATING ‘‘NATIONAL PUBLIC American deaths from heart disease ployed on earnings up to a maximum amount HEALTH WEEK’’ and stroke have been prevented in the of $68,400 in 1998, the amount increasing at Mr. FAIRCLOTH (for himself, Mr. past thirty years through public health the same rate as average earnings in the prevention programs. economy; JEFFORDS, Mr. BOND, Mr. FRIST, Mr. (4) the Social Security tax was first levied CHAFEE, and Mr. INOUYE) submitted the I urge my colleagues to take a mo- in 1937 at a rate of 1% on earnings up to following resolution; which was re- ment during spring recess to partici- $3,000 per year; ferred to the Committee on the Judici- pate in public health activities in their (5) the rate in 1998 has risen to 6.2 ary: states. In years past, North Carolinians perecent—an increase of 620 percent, and a majority of American families pay more in S. RES. 205 have organized health fairs in churches and community centers, and sponsored Social Security taxes than income taxes; Whereas over the past 50 years, the United ‘‘healthy eating’’ cooking contests to (6) in his State of the Union message on States has achieved significant increases in January 27, 1998, President Clinton called on life expectancy and reductions in the inci- commemorate the week. I urge all Congress to ‘‘save Social Security first’’ and dence of injury, disability, and disease; Americans to take the time to evaluate to ‘‘reserve one hundred percent of the sur- Whereas the public health approach is their own personal health conscious- plus, that is any penny of the surplus, until credited with the majority of improvements ness. we have taken all the necessary measures to in our Nation’s health status and expanded As we approach the millennium, strengthen the Social Security system for life expectancy of 30 additional years since threats of biological and viral the twenty-first century.’’ the turn of the century; epidemics plague our communities like (b) SENSE OF THE SENATE.—It is the sense Whereas public health services are success- of the Senate that the provisions of this res- ful in identifying and addressing patterns of never before. Our public health depart- olution assume that when the Congress disease, illness, and injury in populations ments and professionals serve as our moves to work in a bipartisan way on spe- and ensuring healthy living and working en- first line of defense against the grow- cific legislation to reform the Social Secu- vironments; ing threat of infectious disease and bio- rity system, it will not consider increasing March 31, 1998 CONGRESSIONAL RECORD — SENATE S2865 Social Security tax rates on American work- provision of this section shall be limited to 1 KENNEDY AMENDMENT NO. 2184 ers, beyond the permanent levels set in cur- hour, to be equally divided between, and con- rent law nor increase the maximum earnings trolled by, the appellant and the manager of Mr. KENNEDY proposed an amend- subject to Social Security taxation beyond the bill or joint resolution, as the case may ment to the concurrent resolution, S. those prescribed by the wage indexing rules be. An affirmative vote of three-fifths of the Con. Res. 86, supra; as follows: of current law. Members of the Senate, duly chosen and On page 16, line 9, increase the amount by sworn, shall be required in the Senate to sus- $200,000,000. AMENDMENT NO. 2180 tain an appeal of the ruling of the Chair on On page 16, line 10, increase the amount by At the end of title III, add the following: a point of order raised under this section. $10,000,000. On page 16, line 13, increase the amount by SEC. . GENERAL PROHIBITION ON THE USE OF MARIJUANA FOR MEDICINAL PUR- $318,000,000. POSES. On page 16, line 14, increase the amount by It is the sense of the Senate that the provi- KENNEDY (AND BOXER) $146,000,000. sions of this resolution assume that no funds AMENDMENT NO. 3183 On page 16, line 17, increase the amount by appropriated by Congress should be used to $386,000,000. Mr. KENNEDY (for himself and Mrs. On page 16, line 18, increase the amount by provide, procure, furnish, fund or support, or $276,000,000. to compel any individual, institution or gov- BOXER) proposed an amendment to the On page 16, line 21, increase the amount by ernment entity to provide, procure, furnish, concurrent resolution, S. Con. Res. 86, supra; as follows: $359,000,000. fund or support, any item, good, benefit, pro- On page 16, line 22, increase the amount by gram or service, for the purpose of the use of At the end of title III, add the following: $358,000,000. marijuana for medicinal purposes. On page 16, line 25, increase the amount by SEC. ll. SENSE OF THE SENATE CONCERNING A PATIENT’S BILL OF RIGHTS. $272,000,000. AMENDMENT NO. 2181 On page 17, line 1, increase the amount by On page 53, strike lines 1 through 22 and in- (a) FINDINGS.—Congress finds that— $359,000,000. sert the following: (1) patients lack reliable information On page 25, line 8, strike ‘‘¥$300,000,000’’ SEC. 316. SENSE OF THE SENATE ON PRICE IN- about health plans and the quality of care and insert ‘‘¥$500,000,000’’. CREASE ON TOBACCO PRODUCTS. that health plans provide; On page 25, line 9, strike ‘‘¥$1,900,000,000’’ (a) FINDINGS.—The Senate finds that— (2) experts agree that the quality of health and insert ‘‘¥$1,910,000,000’’. (1) the use of tobacco products by children care can be substantially improved, resulting On page 25, line 12, strike ‘‘¥$1,200,000,000’’ and teenagers has become a public health in less illness and less premature death; and insert ‘‘¥$1,518,000,000’’. epidemic and according to the Centers for (3) some managed care plans have created On page 25, line 13, strike ‘‘¥$4,600,000,000’’ Disease Control and Prevention, more than obstacles for patients who need to see spe- and insert ‘‘¥$4,746,000,000’’. 16,000,000 of our Nation’s children today will cialists on an ongoing basis and have re- On page 25, line 16, strike ‘‘¥$2,700,000,000’’ become regular smokers; quired that women get permission from their and insert ‘‘¥$3,086,000,000’’. (2) of the 16,000,000 children who become primary care physician before seeing a gyne- On page 25, line 17, strike ‘‘¥$3,000,000,000’’ regular smokers, approximately one-third or cologist; and insert ‘‘¥$3,276,000,000’’. 5,000,000 children will die of tobacco-related (4) a majority of consumers believe that On page 25, line 20, strike ‘‘¥$3,800,000,000’’ illness; health plans compromise their quality of and insert ‘‘¥$4,159,000,000’’. (3) the Centers for Disease Control and Pre- care to save money; On page 25, line 21, strike ‘‘¥$7,000,000,000’’ vention reports that tobacco use costs medi- (5) Federal preemption under the Employee and insert ‘‘¥$7,358,000,000’’. care approximately $10,000,000,000 per year, Retirement Income Security Act of 1974 pre- On page 25, line 24, strike ‘‘¥$5,400,000,000’’ and the total economic cost of tobacco in vents States from enforcing protections for and insert ‘‘¥$5,672,000,000’’. On page 25, line 25, strike ‘‘ $5,000,000,000’’ health-related costs is more than the 125,000,000 workers and their families re- ¥ and insert ‘‘ $5,359,000,000’’. 100,000,000,000 per year; and ceiving health insurance through employ- ¥ (4) the public health community recognizes ment-based group health plans; and that by increasing the cost of tobacco prod- (6) the Advisory Commission on Consumer KENNEDY (AND ROBB) ucts by $1.50 per pack, the rate of tobacco us Protection and Quality in the Health Care AMENDMENT NO. 2185 among children and teenagers will be re- Industry has unanimously recommended a Mr. KENNEDY (for himself and Mr. duced. patient bill of rights to protect patients OBB (b) SENSE OF THE SENATE.—It is the sense against abuses by health plan and health in- R ) proposed an amendment to the of the Senate that the provisions of this res- surance issuers. concurrent resolution, S. Con. Res. 86, supra; as follows: olution assume that, if comprehensive to- (b) SENSE OF THE SENATE.—It is the sense bacco legislation requires an increase in the Senate that the assumptions underlying this At the appropriate place, insert the follow- price of cigarettes, any such revenue should resolution provide for the enactment of leg- ing: be used to restore solvency to the medicare islation to establish a patient’s bill of rights SEC. . SENSE OF CONGRESS REGARDING EQUAL program under title XVIII of the Social Se- for participants in health plans, and that EMPLOYMENT OPPORTUNITY COM- curity Act. legislation should include— MISSION. (1) a guarantee of access to covered serv- It is the sense of Congress that the func- HOLLINGS AMENDMENT NO. 2182 ices, including needed emergency care, spe- tional totals in this concurrent resolution on the budget assume that the Equal Employ- (Ordered to lie on the table.) cialty care, obstetrical and gynecological care for women, and prescription drugs; ment Opportunity Commission should re- Mr. HOLLINGS submitted an amend- (2) provisions to ensure that the special ceive $279,000,000 in budget authority for fis- ment to the concurrent resolution, S. needs of women are met, including protect- cal year 1999. Con. Res. 86, supra; as follows: ing women against ‘‘drive-through At the end of title II, add the following: mastectomies’’; WELLSTONE AMENDMENT NO. 2186 SEC. ll. PROTECTING THE OFF-BUDGET STATUS (3) provisions to ensure that the special Mr. WELLSTONE proposed an OF SOCIAL SECURITY. needs of children are met, including access amendment to the concurrent resolu- (a) POINT OF ORDER.—It shall not be in to pediatric specialists and centers of pedi- order in the Senate to consider any bill, res- atric excellence; tion, S. Con. Res. 86, supra; as follows: olution, or amendment or motion thereto or (4) provisions to ensure that the special At the appropriate place insert the follow- conference report thereon, including legisla- needs of individuals with disabilities and the ing: tion reported by the Committee on the Budg- chronically ill are met, including the possi- ‘‘It is the sense of the Senate that the as- et of either House pursuant to section 306 of bility of standing referrals to specialists or sumptions underlying the functional levels the Congressional Budget Act of 1974, that the ability to have a specialist act as a pri- in this concurrent budget resolution on the changes section 301(i), 302(f), 310(g), or 311 of mary care provider; budget assume that corporate tax loopholes the Congressional Budget Act of 1974, or sec- (5) a procedure to hold health plans ac- and corporate welfare should be reduced in tion 13301 of the Budget Enforcement Act of countable for their decisions and to provide order to produce the funds necessary to in- 1990, section 202 of H. Con. Res. 67 (104 Con- for the appeal of a decision of a health plan crease the maximum Pell Grant award to gress), or this section, or would otherwise to deny care to an independent, impartial re- $4,000.’’ change budget procedures regarding Social viewer; Security. (6) measures to protect the integrity of the WELLSTONE (AND MOYNIHAN) (b) WAIVER.—This section may be waived physician-patient relationship, including a AMENDMENT NO. 2187 or suspended in the Senate only by the af- ban on ‘‘gag clauses’’ and a ban on improper firmative vote of three-fifths of the Mem- incentive arrangements; and Mr. WELLSTONE (for himself and bers, duly chosen and sworn. (7) measures to provide greater informa- Mr. MOYNIHAN) proposed an amend- (c) APPEALS.—Appeals in the Senate from tion about health plans to patients and to ment to the concurrent resolution, S. the decisions of the Chair relating to any improve the quality of care. Con. Res. 86, supra; as follows: S2866 CONGRESSIONAL RECORD — SENATE March 31, 1998 At the end of title III, insert the following: revenue levels are reduced pursuant to sec- estimates for all accounts in those cat- SEC. . SENSE OF THE SENATE REGARDING AN tion 201 of this resolution for tax legislation, egories, and shall report the outcome of EVALUATION OF THE OUTCOME OF such amount as is necessary shall be used to these attempts in the report required by sec- WELFARE REFORM. permanently extend income averaging for tion 226 of title 10, United States Code. It is the sense of the Senate that the budg- farmers for purposes of the Internal Revenue (2) If the Office of Management and Budget etary levels in this resolution assume that— Code of 1986. and the Congressional Budget Office are able (1) the Secretary of Health and Human to reconcile their technical assumptions by Services will, as part of the annual report to THURMOND AMENDMENTS NOS. the date of that report, the technical as- Congress under section 411 of the Social Se- 2191–2192 sumptions used to determine outlay levels curity Act (42 U.S.C. 611), include data re- shall be those agreed to by those agencies. garding the rate of employment, job reten- Mr. THURMOND proposed two (3) If the Office of Management and Budget tion, and earnings characteristics of former amendments to the concurrent resolu- and the Congressional Budget Office are un- recipients of assistance under the State pro- tion, S. Con. Res. 86, supra; as follows: able in any year to reconcile their technical grams funded under part A of title IV of the assumptions, the outlay levels for that fiscal AMENDMENT NO. 2191 Social Security Act (42 U.S.C. 401 et seq.) for year shall be determined by the Committee each such State program; and On page 26, after line 25, insert the follow- on the Budget of each House, prior to its re- (2) for purposes of the annual report for fis- ing: ceipt of the estimate of the Congressional cal year 1997, the information described in SEC. 104. OUTLAY LEVELS FOR MAJOR FUNC- Budget Office. paragraph (1) will be transmitted to Congress TIONAL CATEGORIES. not later than September 1, 1998. (a) DETERMINATIONS FOR FISCAL YEAR 1999.—Notwithstanding the provisions of sec- HOLLINGS AMENDMENT NO. 2193 tion 103, outlay levels for the major func- Mr. LAUTENBERG (for himself and WELLSTONE AMENDMENT NO. 2188 tional categories for fiscal year 1999 shall be Mr. HOLLINGS) proposed an amendment Mr. WELLSTONE proposed an determined in the following manner: to the concurrent resolution, S. Con. amendment to the concurrent resolu- (1) Prior year outlays shall be determined Res. 86, supra; as follows: tion, S. Con. Res. 86, supra; as follows: using historical rates as employed by the Of- fice of Management and Budget. At the end of title II, add the following: On page 21, strike lines 7 through 10 and in- (2) Current and future year outlays shall be SEC. ll. PROTECTING THE OFF-BUDGET STATUS sert the following: determined using rates calculated by the OF SOCIAL SECURITY. Fiscal Year 1999: Congressional Budget Office. (a) POINT OF ORDER.—It shall not be in (A) New Budget Authority, $42,840,274,000. (b) DETERMINATIONS FOR FISCAL YEARS 2000 order in the Senate to consider any bill, res- (B) Outlays, $43,340,274.000. AND THEREAFTER.—Notwithstanding the pro- olution, or amendment or motion thereto or On page 53, after line 22, add the following: visions of section 103, outlay levels for the conference report thereon, including legisla- SEC. 317. SENSE OF THE SENATE ON FUNDING major functional categories for fiscal years tion reported by the Committee on the Budg- FOR MEDICAL CARE FOR VETERANS. 2000 and thereafter shall be determined in et of either House pursuant to section 306 of It is the sense of the Senate that the as- the following manner: the Congressional Budget Act of 1974, that sumptions underlying the functional levels (1) The Office of Management and Budget changes section 301(i), 302(f), 310(g), or 311 of in this concurrent resolution on the budget and the Congressional Budget Office shall the Congressional Budget Act of 1974, or sec- assume that any additional amounts made annually attempt to reconcile their tech- tion 13301 of the Budget Enforcement Act of available for the Department of Veterans Af- nical assumptions with respect to preparing 1990, section 202 of H. Con. Res. 67 (104 Con- fairs in fiscal year 1999 as a result of the dec- estimates for all accounts in those cat- gress), or this section, or would otherwise larations of additional budget authority and egories, and shall report the outcome of change budget procedures regarding Social outlays for fiscal year 1999 for Veterans Ben- these attempts to the Committees on the Security. efits and Services (budget function 700) by Budget not later than December 15 of each (b) WAIVER.—This section may be waived reason of the adoption by the Senate of this year. or suspended in the Senate only by the af- amendment be available for medical care for (2) If the Office of Management and Budget firmative vote of three-fifths of the Mem- veterans. and the Congressional Budget Office are able bers, duly chosen and sworn. to reconcile their technical assumptions by (c) APPEALS.—Appeals in the Senate from FIRST AMENDMENT NO. 2189 the date of that report, the technical as- the decisions of the Chair relating to any sumptions used to determine outlay levels provision of this section shall be limited to 1 (Ordered to lie on the table.) shall be those agreed to by those agencies. hour, to be equally divided between, and con- Mr. FRIST submitted an amendment (3) If the Office of Management and Budget trolled by, the appellant and the manager of intended to be proposed by him to the and the Congressional Budget Office are un- the bill or joint resolution, as the case may concurrent resolution, S. Con. Res. 86, able in any year to reconcile their technical be. An affirmative vote of three-fifths of the supra; as follows: assumptions, the outlay levels for that fiscal Members of the Senate, duly chosen and year shall be determined by the Committee sworn, shall be required in the Senate to sus- At the end of title III, add the following: on the Budget of each House, prior to the re- tain an appeal of the ruling of the Chair on SEC. ll. SENSE OF THE SENATE REGARDING ceipt by the committee of the estimate of a point of order raised under this section. FUNDING FOR THE AIRPORT IM- the Congressional Budget Office. PROVEMENT PROGRAM. It is the sense of the Senate that the con- LAUTENBERG (AND OTHERS) AMENDMENT NO. 2192 gressional budget for the United States Gov- AMENDMENT NO. 2194 ernment as provided for in this resolution On page 26, after line 25, insert the follow- Mr. LAUTENBERG (for himself, Mr. ing: should assure that— CONRAD, and Mr. KENNEDY) proposed an (1) the contract authority level for the Air- SEC. 104. OUTLAY LEVELS FOR NATIONAL DE- amendment to the concurrent resolu- port Improvement Program (provided for in FENSE. part B of subtitle VII of title 49, United (a) DETERMINATIONS FOR FISCAL YEAR tion, S. Con. Res. 86, supra; as follows: States Code) not be reduced below the cur- 1999.—Notwithstanding the provisions of sec- At the end of title III, insert the following: rent level of $2,347,000,000; and tion 103, outlay levels for major functional SEC. . SENSE OF THE SENATE ON PRICE IN- (2) the critical infrastructure development, category 050 (national defense) for fiscal year CREASE ON TOBACCO PRODUCTS OF maintenance, and repair of airports not be 1999 shall be determined in the following $1.50 PER PACK. jeopardized. manner: (a) FINDINGS.—The Senate finds that— (1) Prior year outlays shall be determined (1) smoking rates among children and teen- using historical rates as employed by the Of- agers have reached epidemic proportions; BURNS (AND BAUCUS) fice of Management and Budget. (2) of the 3,000 children and teenagers who AMENDMENT NO. 2190 (2) Current and future year outlays shall be begin smoking every day, 1000 will eventu- (Ordered to lie on the table.) determined using rates calculated by the ally die of smoking-related disease; and Mr. BURNS (for himself and Mr. BAU- Congressional Budget Office. (3) public health experts and economists (b) DETERMINATIONS FOR FISCAL YEARS 2000 agree that the most effective and efficient CUS) submitted an amendment intended AND THEREAFTER.—Notwithstanding the pro- way to achieve major reduction in youth to be proposed by them to the concur- visions of section 103, outlay levels for major smoking rates is to raise the price of tobacco rent resolution, supra; as follows: functional category 050 (national defense) for products by at least $1.50 per pack. At the end of title III, add the following: fiscal years 2000 and thereafter shall be de- (b) SENSE OF THE SENATE.—It is the sense SEC. ll. SENSE OF CONGRESS REGARDING PER- termined in the following manner: of the Senate that the levels in this resolu- MANENT EXTENSION OF INCOME (1) The Office of Management and Budget tion assume that comprehensive tobacco leg- AVERAGING FOR FARMERS. and the Congressional Budget Office shall islation should increase the price of each It is the sense of Congress that the provi- annually attempt to reconcile their tech- pack of cigarettes sold by at least $1.50 sions of this resolution assume that if the nical assumptions with respect to preparing through a per-pack free or other mechanism March 31, 1998 CONGRESSIONAL RECORD — SENATE S2867

that will guarantee a price increase of $1.50 SEC. 3ll. SENSE OF THE SENATE ON DEM- MCCAIN AMENDMENT NO. 2198 per pack within three years not including ex- ONSTRATION PROJECTS FUNDED isting scheduled Federal, State, and local FROM HIGHWAY TRUST FUND. (Ordered to lie on the table.) tax increases, with equivalent price in- (a) FINDINGS.—The Senate finds that— Mr. MCCAIN submitted an amend- creases on other tobacco products, and (1) 10 demonstration projects totaling ment intended to be proposed by him should index these price increases by an ap- $362,000,000 were listed for special line-item to the concurrent resolution, S. Con. propriate measure of inflation. funding in the Surface Transportation As- Res. 86, supra; as follows: sistance Act of 1982 (96 Stat. 2097); (2) 152 demonstration projects totaling At the appropriate place, insert the follow- LAUTENBERG (AND DASCHLE) $1,400,000,000 were included in the Surface ing: AMENDMENT NO. 2195 Transportation and Uniform Relocation As- SEC. . REPEAL OF TELEPHONE EXCISE TAX. (a) IN GENERAL.—Effective with respect to Mr. LAUTENBERG (for himself and sistance Act of 1987 (101 Stat. 132); (3) 538 location-specific projects totaling amounts paid pursuant to bills first rendered Mr. DASCHLE) proposed an amendment $6,230,000,000 were included in the Intermodal on or after January 1, 1999, subchapter B of to the concurrent resolution, S. Con. Surface Transportation Efficiency Act of chapter 33 of the Internal Revenue Code of Res. 86, supra; as follows: 1991 (105 Stat. 1914); 1986 (26 U.S.C. 4251 et seq.) is repealed. For At the appropriate place, insert the follow- (4) more than $1,600,000,000 of the funds au- purposes of the preceding sentence, in the ing: thorized for the 538 location-specific projects case of communications services rendered SEC. . DEFICIT-NEUTRAL RESERVE FUND FOR remained unobligated as of March 18, 1998; before December 1, 1998, for which a bill has ENVIRONMENTAL AND NATURAL RE- (5) more than 1,000 location-specific not been rendered before January 1, 1999, a SOURCES. projects totaling an estimated $18,000,000,000 bill shall be treated as having been first ren- (a) IN GENERAL.—In the Senate, revenue have been added in the House of Representa- dered on December 31, 1998. and spending aggregates and other appro- tives to legislation that would reauthorize (b) CONFORMING AMENDMENT.—Effective priate budgetary levels and limits may be the Intermodal Surface Transportation Effi- January 1, 1999, the table of subchapters for adjusted and allocations may be revised for ciency Act of 1991 (105 Stat. 1914); such chapter is amended by striking out the legislation to improve the quality of our na- (6) the General Accounting Office deter- item relating to subchapter B. tion’s air, water, land, and natural resources, mined that 31 States, the District of Colum- Mr. MCCAIN. Mr. President, I submit provided that, to the extent that this con- bia, and Puerto Rico would have received an amendment to repeal the three per- current resolution on the budget does not in- more funding if the funds for location-spe- cific projects made available under the Inter- cent federal excise tax that all Ameri- clude the costs of that legislation, the enact- cans pay every time they use a tele- ment of that legislation will not increase (by modal Surface Transportation Efficiency Act virtue of either contemporaneous or pre- of 1991 (105 Stat. 1914) were redistributed as phone. viously-passed reinstatement or modifica- Federal-aid highway program apportion- Under current law, the federal gov- tion of expired excise or environmental ments; ernment taxes you three percent of taxes) the deficit in this resolution for— (7) this type of project funding diverts your monthly phone bill for the so- (1) fiscal year 1999; Highway Trust Fund money away from State called ‘‘privilege’’ of using your phone (2) the period of fiscal years 1999 through transportation priorities established under lines. This tax was first imposed one 2003; or the formula allocation process; (8) on June 20, 1995, by a vote of 75 yeas to hundred years ago. To help finance the (3) the period of fiscal years 2004 through Spanish-American War, the federal 2009. 21 nays, the Senate voted to prohibit the use (b) REVISED ALLOCATIONS.— of Highway Trust Fund money for new loca- government taxed telephone service, (1) ADJUSTMENTS FOR LEGISLATION.—Upon tion-specific projects; and which in 1898 was a luxury service en- the consideration of legislation pursuant to (9) on March 12, 1998, by a vote of 78 yeas joyed by relatively few. The tax re- subsection (a), the Chairman of the Commit- to 22 nays, the Senate voted to require that appeared as a means of raising revenue tee on the Budget of the Senate may file any new location-specific projects be funded for World War I, and continued as a with the Senate appropriately-revised allo- within a State’s Highway Trust Fund alloca- revenue-raiser during the Great De- cations under section 302(a) of the Congres- tion. (b) SENSE OF THE SENATE.—It is the sense pression, World War II, the Korean and sional Budget Act of 1974 and revised func- Vietnam Wars, and the chronic federal tional levels and aggregates to carry out this of the Senate that the budget levels in this section. These revised allocations, functional resolution assume that— budget deficits of the last twenty levels, and aggregates shall be considered for (1) notwithstanding different views on the years. the purposes of the Congressional Budget Highway Trust Fund distribution formulas, Earlier this month, however, we re- Act of 1974 as allocations, functional levels, funding for demonstration, high priority, or ceived some long-overdue good news: and aggregates contained in this resolution. other similarly titled projects diverts High- thanks to the Balanced Budget Act en- way Trust Fund money away from State pri- (2) ADJUSTMENTS FOR AMENDMENTS.—If the acted by the Congress in 1997, the Con- Chairman of the Committee on the Budget of orities and deprives States of the ability to adequately address their transportation gressional Budget Office projected an the Senate submits an adjustment under this $8 billion federal budget surplus for section for legislation in furtherance of the needs; purpose described in subsection (a), upon the (2) States, through their transportation de- 1998. Mr. President, that announcement offering of an amendment to that legislation partments and metropolitan planning orga- should mean the end of the federal that would necessitate such submission, the nizations, are best able to determine the pri- phone excise tax. Chairman shall submit to the Senate appro- orities for allocating Highway Trust Fund Here is why. First of all, the tele- priately-revised allocations under section money within their jurisdiction; phone is a modern-day necessity, not (3) Congress will not divert Highway Trust 302(a) of the Congressional Budget Act of 1974 like alcohol, or furs, or jewelry, or and revised functional levels and aggregates Fund money away from the transportation priorities of States and metropolitan plan- other items of the sort that the govern- to carry out this section. These revised allo- ment taxes this way. The Congress spe- cations, functional levels, and aggregates ning organizations by authorizing new dem- shall be considered for the purposes of the onstration, high priority, or other similarly cifically recognized the need for all Congressional Budget Act of 1974 as alloca- titled projects; and Americans to have affordable tele- tions, functional levels, and aggregates con- (4) Congress will not authorize any new phone service when it enacted the 1996 tained in this resolution. demonstration, high priority, or other simi- Telecommunications Act. The univer- larly titled projects as part of legislation to (c) REPORTING REVISED ALLOCATIONS.—The sal service provisions of the Act are in- reauthorize the Intermodal Surface Trans- appropriate committees shall report appro- tended to assure that all Americans, priately-revised allocations pursuant to sec- portation and Efficiency Act of 1991 (105 Stat. 1914). regardless of where they live or how tion 302(b) of the Congressional Budget Act much money they make, have access to of 1974 to carry out this section. SMITH AMENDMENT NO. 2197 affordable telephone service. The tele- phone excise tax, which bears no rela- MCCAIN (AND MACK) AMENDMENT (Ordered to lie on the table.) tionship to any government service re- NO. 2196 Mr. SMITH of Oregon submitted an amendment intended to be proposed by ceived by the consumer, is flatly incon- (Ordered to lie on the table.) him to amendment No. 2180 proposed sistent with the goal of universal tele- Mr. MCCAIN (for himself and Mr. by him to the concurrent resolution, S. phone service. MACK) submitted an amendment in- Con. Res. 86, supra; as follows: It is also a highly regressive and un- tended to be proposed by them to the On page 2 of the amendment, line 2, insert fair tax that hurts low-income and concurrent resolution, S. Con. Res. 86, before the period the following: ‘‘, except rural Americans even more than other supra; as follows: that this section shall not apply to Federally Americans. Low-income families spend At the end of title III, add the following: sponsored research’’. a higher percentage of their income S2868 CONGRESSIONAL RECORD — SENATE March 31, 1998 than medium- or high-income families sional Budget Act of 1974, the Chairman of For fiscal years 1999–2003, $2,909,000,000 in on telephone service, and that means the Committee on the Budget may reserve budget authority and $3,167,000,000 in out- the telephone tax hits low-income fam- not to exceed $101,500,000,000 for fiscal years lays. ilies much harder. For that reason the 1999 through 2003 of the reductions in new EDUCATION, TRAINING, EMPLOYMENT, AND budget authority and outlays resulting from Congressional Budget Office has con- SOCIAL SERVICES reductions in nondefense discretionary (10) (500): For fiscal year 1999, $2,493,000,000 cluded that increases in the telephone spending (as compared to the levels con- tax would have a greater impact on in budget authority and $2,445,000,000 in out- tained in this resolution) affecting the pro- lays; For fiscal years 1999–2003, $18,680,000,000 low-income families than tax increases grams in functions specified in subsection (c) in budget authority and $16,810,000,000 in out- on alcohol or tobacco products. And a for middle class tax relief as specified in sub- lays. section (b). study by the American Agriculture HEALTH (b) TAX RELIEF.—The savings from reduc- Movement concluded that excise taxes (11) (550): For fiscal year 1999, $1,490,000,000 like the telephone tax impose a dis- tions in discretionary spending are reserved to offset legislation that reduces revenues by in budget authority and $1,432,000,000 in out- proportionately large tax burden on providing middle class tax relief that— lays; For fiscal years 1999–2003, $11,171,000,000 rural customers, too, who rely on tele- (1) raises the threshold for the 15 per cent in budget authority and $9,946,000,000 in out- phone service in isolated areas. individual income tax bracket; and lays. But, in addition to being unfair and (2) begins taxing income at 28 per cent in MEDICARE unnecessary, there is another reason the case of— (12) (570): For fiscal year 1999, $0 in budget why we should eliminate the telephone (A) individuals who are married filing authority and $0 in outlays; For fiscal years excise tax. Implementation of the jointly at a taxable income in excess of 1999–2003, $0 in budget authority and $0 in Telecom Act of 1996 requires all tele- $70,000; outlays. (B) individuals who are single heads of INCOME SECURITY communications carriers—local, long- households at a taxable income in excess of distance, and wireless—to incur new $52,600; (13) (600): For fiscal year 1999, $1,740,000,000 costs in order to produce a new, more (C) individuals who are single at a taxable in budget authority and $2,233,000,000 in out- competitive market for telecommuni- income in excess of $35,000; and lays; For fiscal years 1999–2003, $14,258,000,000 cations services of all kinds. (D) individuals who are married filing sep- in budget authority and $13,485,000,000 in out- Unfortunately, the cost increases are arately at taxable incomes in excess of lays. arriving far more quickly than the $35,000. SOCIAL SECURITY new, more competitive market. The (c) PROGRAMS.— The following reductions (14) (650): For fiscal year 1999, $0 in budget in discretionary spending are reserved in Telecom Act created a new subsidy authority and $0 in outlays; For fiscal years function 920, Allowances, for purposes of sub- 1999–2003, $0 in budget authority and $0 in program for wiring schools and librar- section (a): outlays. ies to the Internet, and the cost of NATIONAL DEFENSE VETERANS BENEFITS AND SERVICES funding that subsidy has already in- (1) (050): For fiscal year 1999, $0 in budget (15) (700): For fiscal year 1999, $1,013,000,000 creased bills for business users of long- authority and $0 in outlays; For fiscal years in budget authority and $1,039,000,000 in out- distance telephone service and for con- 1999–2003, $0 in budget authority and $0 in lays; For fiscal years 1999–2003, $7,165,000,000 sumers of wireless services. Because of outlays. in budget authority and $6,559,000,000 in out- more universal service subsidy require- INTERNATIONAL AFFAIRS lays. ments and other new Telecom Act (2) (150): For fiscal year 1999, $1,002,000,000 ADMINISTRATION OF JUSTICE mandates, more rate increases for all in budget authority and $986,000,000 in out- (16) (750): For fiscal year 1999, $1,336,000,000 users will occur later this year and lays; For fiscal years 1999–2003, $7,061,000,000 in budget authority and $1,289,000,000 in out- next year. in budget authority and $6,445,000,000 in out- lays; For fiscal years 1999–2003, $9,423,000,000 Mr. President, the fact that the lays. in budget authority and $8,513,000,000 in out- Telecom Act is imposing new charges GENERAL SCIENCE, SPACE AND TECHNOLOGY lays. on consumers’ bills makes it absolutely (3) (250): For fiscal year 1999, $965,000,000 in GENERAL GOVERNMENT incumbent upon us to strip away any budget authority and $949,000,000 in outlays; (17) (800): For fiscal year 1999, $636,000,000 in unnecessary old charges. And that For fiscal years 1999–2003, $6,741,000,000 in budget authority and $589,000,000 in outlays; means the telephone excise tax. budget authority and $6,108,000,000 in out- For fiscal years 1999–2003, $4,411,000,000 in Mr. President, the telephone excise lays. budget authority and $3,936,000,000 in out- lays. tax is not a harmless artifact from by- ENERGY (d) DISCRETIONARY CAPS.—In the Senate, gone days. It collects money for wars (4) (270): For fiscal year 1999, $149,000,000 in for purposes of budget enforcement, the non- that are already over, and for budget budget authority and $175,000,000 in outlays; defense discretionary cap for fiscal year 1999 deficits that no longer exist, from peo- For fiscal years 1999–2003, $1,025,000,000 in and the discretionary caps for fiscal years ple who can least afford to spend it now budget authority and $986,000,000 in outlays. 2000 through 2003 shall be reduced by the and from people who will have new NATURAL RESOURCES AND ENVIRONMENT amounts of reductions referred to in sub- bills to foot as the 1996 Telecom Act (5) (300): For fiscal year 1999, $1,199,000,000 section (a) after the enactment of legislation gets implemented. That is unfair, in budget authority and $1,193,000,000 in out- reducing nondefense discretionary spending as provided in this section. that’s wrong, and that must be lays; For fiscal years 1999–2003, $8,693,000,000 in budget authority and $7,908,000,000 in out- SEC. 202. TAX CUT RESERVE FUND. stopped. lays. (a) IN GENERAL.—In the Senate, revenue San Juan Hill and Pork Chop Hill AGRICULTURE and spending aggregates may be reduced and have now gone down in history, and so allocations may be reduced for legislation (6) (350): For fiscal year 1999, $217,000,000 in should this tax. that reduces revenues by providing middle budget authority and $223,000,000 in outlays; class and family tax relief (including relief For fiscal years 1999–2003, $1,526,000,000 in from the ‘‘marriage penalty’’ and support for COVERDELL (AND OTHERS) budget authority and $1,376,000,000 in out- child care expenses incurred by all parents), AMENDMENT NO. 2199 lays. and incentives to stimulate savings, invest- (Ordered to lie on the table.) COMMERCE AND HOUSING CREDIT ment, job creation, and economic growth (in- Mr. COVERDELL (for himself, Mr. (7) (370): For fiscal year 1999, $159,000,000 in cluding community renewal initiatives) if MCCAIN, Mr. CRAIG, Mr. NICKLES, Mr. budget authority and $154,000,000 in outlays; such legislation will not increase the deficit HELMS, Mr. KEMPTHORNE, Mr. GRAMM, For fiscal years 1999–2003, $1,145,000,000 in or reduce the surplus for— and Mr. KYL) submitted an amendment budget authority and $1,045,000,000 in out- (1) fiscal year 1999; intended to be proposed by them to the lays. (2) the period of fiscal years 1999–2003; or concurrent resolution, S. Con. Res. 86, TRANSPORTATION (3) the period of fiscal years 2004–2008. (b) REVISED ALLOCATIONS.—Upon the con- (8) (400): For fiscal year 1999, $737,000,000 in supra; as follows: sideration of legislation pursuant to sub- budget authority and $2,100,000,000 in out- On page 27, strike beginning with line 3 section (a), the Chairman of the Committee lays; For fiscal years 1999–2003, $5,183,000,000 through page 33, line 2, and insert the follow- on the Budget of the Senate may file with in budget authority and $15,170,000,000 in out- ing: the Senate appropriately revised allocations lays. SEC. 201. DEDICATION OF OFFSETS TO MIDDLE under section 302(a) of the Congressional CLASS TAX RELIEF. COMMUNITY AND REGIONAL DEVELOPMENT Budget Act of 1974 and revised aggregates to (a) IN GENERAL.—In the Senate, for the (9) (450): For fiscal year 1999, $435,000,000 in carry out this section. These revised alloca- purposes of section 302(a) of the Congres- budget authority and $583,000,000 in outlays; tions and aggregates shall be considered for March 31, 1998 CONGRESSIONAL RECORD — SENATE S2869 the purposes of the Congressional Budget 920, Allowances, for purposes of subsection form Social Security and preserve it for cur- Act of 1974 as allocations and aggregates (a): rent and future generations; contained in this resolution. (1) For reductions in programs in function (2) Congress will ensure that Federal funds SEC. 203. TOBACCO RESERVE FUND. 350, Agriculture: For fiscal year 1999, will be available to strengthen and further (a) IN GENERAL.—In the Senate, revenue $107,000,000 in budget authority and preserve Medicare until such time as legisla- aggregates may be increased for legislation $107,000,000 in outlays; For fiscal years 1999– tion is enacted making Medicare actuarially which reserves the Federal share of receipts 2003, $603,000,000 in budget authority and sound; from tobacco legislation only for the Medi- $598,000,000 in outlays. (3) in making the spending reductions pro- care Hospital Insurance Trust Fund. (2) For reductions in programs in function vided in section 201, programs that should be (b) REVISED AGGREGATES.—Upon the con- 370, Commerce and Housing Credit: For fiscal protected are those that— sideration of legislation pursuant to sub- year 1999, $242,000,000 in budget authority and (A) address the needs of elementary and section (a), the Chairman of the Committee $242,000,000 in outlays; For fiscal years 1999– secondary education; on the Budget of the Senate may file in- 2003, $1,195,000,000 in budget authority and (B) enhance nutrition, particularly among creased aggregates to carry out this section. $1,195,000,000 in outlays. children; These aggregates shall be considered for the (3) For reductions in programs in function (C) reduce illegal drug use, particularly purposes of the Congressional Budget Act of 500, Education, Training, Employment, and among juveniles; 1974 as the aggregates contained in this reso- Social Services: For fiscal year 1999, (D) support medical priorities; lution. $471,000,000 in budget authority and (E) are targeted for low-income families; (c) APPLICATION OF SECTION 202 OF H. CON. $424,000,000 in outlays; For fiscal years 1999– and RES. 67.—For the purposes of enforcement of 2003, $3,182,000,000 in budget authority and (F) reduce illegal immigration; and section 202 of H. Con. Res. 67 (104th Congress) $3,079,000,000 in outlays. (4) Congress will limit itself to only admin- with respect to this resolution, the increase (4) For reductions in programs in function istrative reductions when determining man- in receipts resulting from tobacco legislation 550, Health: For fiscal year 1999, $250,000,000 datory spending offsets for middle class tax shall not be taken into account. in budget authority and $250,000,000 in out- relief as described in section 201. SEC. 204. SEPARATE ENVIRONMENTAL ALLOCA- lays; For fiscal years 1999–2003, $1,900,000,000 TION. in budget authority and $1,900,000,000 in out- (a) IN GENERAL.—In the Senate, revenue McCAIN AMENDMENT NO. 2200 lays. and spending aggregates may be increased (5) For reductions in programs in function (Ordered to lie on the table.) and allocations may be increased only for 600, Income Security: For fiscal year 1999, Mr. MCCAIN submitted an amend- legislation that reauthorizes and reforms the $260,000,000 in budget authority and ment intended to be proposed by him Superfund program to facilitate the cleanup $260,000,000 in outlays; For fiscal years 1999– of hazardous waste sites if such legislation to the concurrent resolution, S. Con. 2003, $1,700,000,000 in budget authority and will not increase the deficit or reduce the Res. 86, supra; as follows: $1,700,000,000 in outlays. surplus for— At the end of title III, insert the following: (6) For reductions in programs in function (1) fiscal year 1999; ll 700, Veterans Benefits and Services: For fis- SEC. . SENSE OF THE SENATE REGARDING (2) the period of fiscal years 1999–2003; or THE EXPENDITURE OF $500,000,000 cal year 1999, $500,000,000 in budget authority (3) the period of fiscal years 2004–2008. FOR THE CONSTRUCTION OF NEW (b) REVISED AGGREGATES.—In the Senate, and $500,000,000 in outlays; For fiscal years COURT HOUSES. after the Committee on Environment and 1999–2003, $10,500,000,000 in budget authority (a) FINDINGS.—The Senate makes the fol- Public Works reports a bill (or after the sub- and $10,500,000,000 in outlays. lowing findings: mission of a conference report thereon) to re- SEC. 206. ADJUSTMENTS FOR LINE ITEM VETO (1) Illegal drugs cost our society approxi- form the Superfund program to facilitate the LITIGATION. mately $67,000,000,000 each year. cleanup of hazardous waste sites that does If the Supreme Court rules that the Line (2) Drug abuse and trafficking hurt fami- not exceed— Item Veto Act is unconstitutional, the lies, businesses, and neighborhoods, impede (1) $200,000,000 in budget authority and out- Chairman of the Committee on the Budget education, and choke criminal justice, lays for fiscal year 1999; and may make appropriate adjustments to the health, and social-service systems. (2) $1,000,000,000 in budget authority and allocations and aggregates in this resolution (3) The war on drugs started in America outlays for the period of fiscal years 1999 to reflect the effects of the President’s can- during the Reagan years and was eagerly through 2003; cellations becoming null and void. joined by most of the western world. the chairman of the Committee on the Budg- SEC. 207. EXERCISE OF RULEMAKING POWERS. (4) Teenage drug use declined dramatically et of the Senate may increase the appro- Congress adopts the provisions of this since the early 1980’s, but that trend reversed priate aggregates and the appropriate alloca- title— in 1992, when teenage drug use began to in- tions of budget authority in this resolution (1) as an exercise of the rulemaking power crease. by the amounts provided in that bill for that of the Senate and the House of Representa- (5) Statistics indicate that 1996 drug-use purpose and the outlays flowing in all years tives, respectively, and as such they shall be rates among youth, were 9 percent, well from such budget authority. These revised considered as part of the rules of each House, below the 1979 peak of 16.3 percent, but sub- allocations and aggregates shall be consid- or of that House to which they specifically stantially higher than the 1992 low of 5.3 per- ered for the purposes of the Congressional apply, and such rules shall supersede other cent. Budget Act of 1974 as the allocations and ag- rules only to the extent that they are incon- (6) The most recent National Drug Strat- gregates contained in this resolution. sistent therewith; and egy figures show a massive 66 percent in- SEC. 205. DEDICATION OF OFFSETS TO TRANS- (2) with full recognition of the constitu- crease in teenage drug use since the 1980’s. PORTATION. tional right of either House to change those (7) By 1996, 50.8 percent of high school sen- (a) SPENDING RESERVE.—In accordance rules (so far as they relate to that House) at iors reported having used illicit drugs. with section 312(a) of the Congressional any time, in the same manner, and to the (8) The use of illicit drugs among eighth Budget Act of 1974 and for the purposes of same extent as in the case of any other rule graders alone has increased 150 percent over title III of that Act, the Chairman of the of that House. the past 5 years. Committee on the Budget may reserve the TITLE III—SENSE OF CONGRESS AND THE (9) When juveniles engage in drug abuse, estimated reductions in new budget author- SENATE they, their families, and their communities ity and outlays resulting from changes in SEC. 301. SENSE OF THE SENATE REGARDING suffer. legislation affecting the programs specified FEDERAL DOMESTIC DISCRE- (10) Drug abuse is associated with violent in subsection (b), if contained in the Depart- TIONARY SPENDING RESTRAINTS. crime and income-generating crime by ment of Transportation and Related Agen- (a) FINDINGS.—The Senate finds that— youth, which increases the demand for juve- cies Appropriations Act, for the purpose of (1) Social Security and Medicare are deeply nile and criminal justice services. offsetting— rooted contracts, that must be honored, be- (11) One study found that, of the 113 delin- (1) additional outlays not to exceed tween the Federal Government and the quent youth in a State detention facility, 82 $1,300,000,000 in fiscal year 1999 and American people; and percent reported being heavy (i.e., daily) $18,500,000,000 for fiscal years 1999 through (2) Federal spending for fiscal year 1999 is— users of alcohol and other drugs just prior to 2003 for discretionary highway programs as (A) more than twice the size of Federal admission. called for in the Intermodal Surface Trans- spending for fiscal year 1969, the last budget (12) A direct effect of juvenile drug use is portation Efficiency Act of 1998; and resulting in a surplus, in real dollars; and an increasing burden on the juvenile and (2) additional budget authority not to ex- (B) requires revenue equal to 20.1 percent criminal justice systems. ceed $1,000,000,000 in fiscal year 1999 and of gross domestic product, the highest since (13) Reducing juvenile drug use would re- $5,000,000,000 for fiscal years 1999 through 2003 fiscal year 1945. duce the drain on the criminal justice sys- for discretionary transit programs as called (b) SENSE OF THE SENATE.—It is the sense tem and obviate the need to construct addi- for in the Intermodal Surface Transportation of the Senate that the provisions of this res- tional courthouses. Efficiency Act of 1998. olution assume that— (b) SENSE OF THE SENATE.—It is the sense (b) OFFSETS.— The following reductions in (1) the first priority of Congress will be to of the Senate that the provisions of this res- mandatory spending are reserved in function use any unified budget surplus in order to re- olution assume that— S2870 CONGRESSIONAL RECORD — SENATE March 31, 1998 (1) $500,000,000 for courthouse construction WYDEN AMENDMENT NO. 2203 (12) It is incumbent on Congress and the should not be spent until the United States (Ordered to lie on the table.) President to ensure that patients receiving has reduced drug use among 12- to 17- year Mr. WYDEN submitted an amend- care under the medicare and medicaid pro- olds to not more than 4 percent; and ment intended to be proposed by him grams (42 U.S.C. 1395 et seq.; 1396 et seq.) are (2) Congress’ first priority should be to use protected from abuse, neglect, and mistreat- the $500,000,000 allocated for courthouse con- to the concurrent resolution, supra; as ment. struction for juvenile drug use prevention follows: (b) SENSE OF THE SENATE.—It is the sense programs. At the end of title II, add the following: of the Senate that the assumptions underly- SEC. ll. CALCULATING INFLATION SAVINGS OR ing the functional totals in this concurrent COVERDELL AMENDMENTS NOS. SHORTFALLS. resolution on the budget assume that— 2201–2202 For each fiscal year, the Congressional (1) funds should be directed toward the es- Budget Office shall calculate the inflation tablishment of a national background check (Ordered to lie on the table.) savings or shortfall that occurs when infla- system for long-term care workers who par- Mr. COVERDELL submitted two tion is less or more than anticipated for each ticipate in the medicare and medicaid pro- amendments intended to be proposed function of the Government and report its grams (42 U.S.C. 1395 et seq.; 1396 et seq.); by him to the concurrent resolution, findings to Congress in March and August of (2) such a system would include both a na- supra; as follows: each year. If inflation is less than antici- tional registry of abusive long-term care pated the report shall also include a detailed workers and a requirement for a Federal AMENDMENT NO. 2201 explanation of how surplus funds are allo- criminal background check before such At the appropriate place, insert the follow- cated. workers are employed to provide long-term ing: care; and SEC. . SENSE OF THE SENATE ON FOOD SAFETY KOHL (AND REID) AMENDMENT (3) such a system would be created with RESEARCH, CONSUMER EDUCATION, NO. 2204 ample input and comment from representa- AND PREVENTION EFFORTS. tives of the Department of Health and It is the sense of the Senate that the provi- Mr. KOHL (for himself and Mr. REID) Human Services, State government, law en- sions of this resolution assume that food proposed an amendment to the concur- forcement, the nursing home and home safety research, consumer education, and rent resolution, S. Con. Res. 86, supra; health industries, patient and consumer ad- prevention efforts should be a high priority as follows: vocates, and advocates for long-term care at the Department of Agriculture, the Na- workers. tional Institutes of Health, the Food and At the end of title III add the following: SEC. ll. SENSE OF THE SENATE REGARDING Drug Administration, the Centers for Dis- DURBIN (AND CHAFEE) ease Control and Prevention, and our na- THE ESTABLISHMENT OF A NA- TIONAL BACKGROUND CHECK SYS- AMENDMENT NO. 2205 tion’s colleges and universities. The Senate TEM FOR LONG-TERM CARE WORK- applauds the efforts of institutions whose ERS. Mr. DURBIN (for himself and Mr. work on E. coli 0157:H7, Cyclospora, and (a) FINDINGS.—The Senate makes the fol- CHAFEE) proposed an amendment to the other food borne pathogens has helped us lowing findings: concurrent resolution, S. Con. Res. 86, gain a better understanding of these new and (1) Over 43 percent of Americans over the supra; as follows: emerging threats. The Senate considers this age of 65 are likely to spend time in a nurs- At the end of title III, insert the following: matter of extreme importance and encour- ing home. ll ages the Department of Agriculture, in co- SEC. . FINDINGS AND SENSE OF CONGRESS (2) Home health care is the fastest growing REGARDING AFFORDABLE, HIGH- operation with other agencies and institu- portion of the medicare program under title QUALITY HEALTH CARE FOR SEN- tions, to utilize funds for food safety re- XVIII of the Social Security Act (42 U.S.C. IORS. search and consumer education partnerships. 1395 et seq.), with an average annual growth (a) FINDINGS.—Congress finds the follow- rate of 32 percent since 1989. ing: AMENDMENT NO. 2202 (3) A 1997 report from State Long-Term (1) Seniors deserve affordable, high quality At the appropriate place, insert the follow- Care Ombudsmen assisted under the Older health care. ing: Americans Act of 1965 indicated that in 29 (2) The medicare program under title XVIII SEC. . SENSE OF THE SENATE REGARDING MILI- States surveyed, 7,043 cases of abuse, gross of the Social Security Act (42 U.S.C. 1395 et TARY HEALTH CARE FOR VETERANS neglect, or exploitation occurred in nursing seq.) has made health care affordable for mil- AND MILITARY RETIREES. homes and board and care facilities. lions of seniors. (a) FINDINGS.—The Senate finds that— (4) A random sample survey of nursing (3) Beneficiaries under the medicare pro- (1) In the National Defense Authorization home staff found that 10 percent of the staff gram deserve to know that such program Act for Fiscal Year 1998 the Congress recog- admitted committing at least 1 act of phys- will cover the benefits that they are cur- nized— ical abuse in the preceding year. rently entitled to. (A) the moral obligation the United States (5) Although the majority of long-term (4) Beneficiaries under the medicare pro- has to provide health care to members and care facilities do an excellent job in caring gram can pay out-of-pocket for health care former members of the Armed Forces who for elderly and disabled patients, incidents of services whenever they— are entitled to retired or retainer pay (or its abuse and neglect do occur at an unaccept- (A) do not want a claim for reimbursement equivalent); able rate and are not limited to nursing for such services submitted to such program; (B) the necessity to provide quality, afford- homes alone. or able health care to these retirees; and (6) Most long-term care facilities do not (B) want or need to obtain health care (C) Congress and the President should take conduct both Federal and State criminal services that such program does not cover. steps to address the problems associated background checks on prospective employ- (5) Beneficiaries under the medicare pro- with the availability of health care for such ees. gram can use doctors who do not receive any retirees within two years after the date of (7) Most State nurse aide abuse registries reimbursement under such program. the enactment of the 1998 National Defense are limited to nursing home aides, thereby (6) Close to 75 percent of seniors have an- Authorization Act; failing to cover home health and hospice nual incomes below $25,000, including 4 per- (2) several proposals lie before the Con- aides. cent who have annual incomes below $5,000, gress which address military retiree health (8) Current State nurse aide abuse reg- making any additional out-of-pocket costs care. istries are inadequate to screen out abusive for health care services extremely burden- (3) the Congress has yet to take significant long-term care workers because no national some. steps forward on any of these proposals. system is in place to track abusers from (7) Very few beneficiaries under the medi- (4) a shrinking Department of Defense State to State and facility to facility. care program report having difficulty ob- health care infrastructure and an increasing (9) Currently, 29 States have enacted vary- taining access to a physician who accepts re- military retiree pool are putting strains on ing forms of criminal background check re- imbursement under such program. our country’s ability to provide military re- quirements for prospective long-term care (8) Allowing private contracting on a tirees adequate health care. employees. However current Federal and claim-by-claim basis under the medicare pro- (b) SENSE OF THE SENATE.—It is the sense State safeguards are inadequate because gram would impose significant out-of-pocket of the Senate that the provisions of this res- there is little or no information sharing be- costs on beneficiaries under such program. olution assume that it is morally incumbent tween States about known abusers. (b) SENSE OF CONGRESS.—It is the sense of upon the Senate to take steps to ensure ade- (10) Many facilities would choose to con- Congress that the assumptions underlying quate health care for Veterans and military duct background checks on prospective em- the functional totals in this resolution as- retirees in its FY99 budget and all subse- ployees if an efficient, accurate, and cost-ef- sume that seniors have the right to afford- quent budgets, and it should determine ways fective national system existed. able, high-quality health care and that they to provide funding adequate to cover the (11) The impending retirement of the baby have the right to choose their doctors, and health care needs of U.S. Veterans and mili- boom generation will greatly increase the that no change should be made to the medi- tary retirees. demand and need for quality long-term care. care program that could— March 31, 1998 CONGRESSIONAL RECORD — SENATE S2871 (1) impose unreasonable and unpredictable should be dedicated to debt reduction or di- JOHNSON (AND OTHERS) out-of-pocket costs for seniors or erode the rect tax relief for hard-working American AMENDMENT NO. 2210 benefits that the 38,000,000 beneficiaries families. under the medicare program are entitled to; Mr. LAUTENBERG (for Mr. JOHNSON, (2) compromise the efforts of the Secretary for himself, Mr. DOMENICI, Mr. DORGAN, of Health and Human Services to screen in- ROTH (AND OTHERS) AMENDMENT Mr. DASCHLE, Mr. BINGAMAN, Mr. appropriate or fraudulent claims for reim- NO. 2209 WELLSTONE, and Mr. MCCAIN) proposed bursement under such program; and Mr. DOMENICI (for Mr. ROTH for an amendment to the concurrent reso- (3) allow unscrupulous providers under himself, Mr. BREAUX, Mr. GREGG, Mr. lution, S. Con. Res. 86, supra; as fol- such program to bill twice for the same serv- lows: ices. ROBB, Mr. HATCH, Mr. NICKLES, Mr. GRAMM, Mr. SMITH of Oregon, and Mr. At the end of Title III, insert the following: REID (AND BRYAN) AMENDMENT SANTORUM) proposed an amendment to SEC. . SENSE OF THE SENATE REGARDING RE- the concurrent resolution, S. Con. Res. PAIR AND CONSTRUCTION NEEDS NO. 2206 OF INDIAN SCHOOLS. 86, supra; as follows: Mr. REID (for himself and Mr. (a) FINDINGS.—The Senate finds that— At the end of title III add the following: (1) many of our Nation’s tribal schools are BRYAN) proposed an amendment to the in a state of serious disrepair. The Bureau of concurrent resolution, S. Con. Res. 86, SEC. . SENSE OF THE SENATE ON SOCIAL SECU- RITY PERSONAL RETIREMENT AC- Indian Affairs (BIA) operates 187 school fa- supra; as follows: COUNTS AND THE BUDGET SUR- cilities nationwide. Enrollment in these At the appropriate place insert the follow- PLUS. schools, which presently numbers 47,214 stu- ing: (a) FINDINGS.—The Senate makes the fol- dents, has been growing rapidly. A recent SEC. . SENSE OF THE SENATE ON OBJECTION TO lowing findings: General Accounting Office report indicates THE USE OF THE SALE OF PUBLIC (1) The social security program is the foun- that the repair backlog in these schools to- LANDS TO FUND CERTAIN PRO- dation of retirement income for most Ameri- tals $754 million, and that the BIA schools GRAMS. cans, and solving the financial problems of are in generally worse condition than all (a) FINDINGS.—The Senate finds that the the social security program is a vital na- schools nationally; Budget Committee Report accompanying tional priority and essential for the retire- (2) approximately 60 of these schools are in this resolution assumes that the landowner ment security of today’s working Americans need of complete replacement or serious ren- incentive program of the Endangered Species and their families. ovation. Many of the renovations include Recovery Act would be funded ‘‘from the (2) There is a growing bipartisan consensus basic structural repair for the safety of chil- gross receipts realized in the sales of excess that personal retirement accounts should be dren, new heating components to keep stu- BLM land, provided that BLM has sufficient an important feature of social security re- dents warm, and roofing replacement to keep administrative funds to conduct such sales.’’ form. the snow and rain out of the classroom. In (b) SENSE OF THE SENATE.—It is the Sense (3) Personal retirement accounts can pro- of the Senate that the functional totals un- addition to failing to provide adequate learn- vide a substantial retirement nest egg and derlying this resolution assume that: ing environments for Indian children, these (1) the landowner incentive program in- real personal wealth. For an individual 28 repair and replacement needs pose a serious cluded in the Endangered Species Recovery years old on the date of the adoption of this liability issue for the Federal Government; Act should be financed from a dedicated resolution, earning an average wage, and re- (3) 63 percent of the BIA schools are over 30 source of funding; and tiring at age 65 in 2035, just 1 percent of that years old, 26 percent are over 50 years old. (2) public lands should not be sold to fund individual’s wages deposited each year in a Approximately forty percent of all students the landowner incentive program of the En- personal retirement account and invested in in BIA schools are in portable classrooms. dangered Species Recovery Act. securities consisting of the Standard & Poors Originally intended as temporary facilities 500 would grow to $132,000, and be worth ap- while tribes awaited new construction funds, FAIRCLOTH (AND HUTCHISON) proximately 20 percent of the benefits that these ‘‘portables’’ have a maximum 10 year would be provided to the individual under life-span. Because of the construction back- AMENDMENT NO. 2207 the current provisions of the social security log, children have been shuffling between (Ordered to lie on the table.) program. classrooms in the harsh climates of the Mr. FAIRCLOTH (for himself and (4) Personal retirement accounts would Northern plains and Western States for ten Mrs. HUTCHISON) submitted an amend- give the majority of Americans who do not to fifteen years; ment intended to be proposed by them own any investment assets a new stake in (4) annual appropriations for BIA edu- to the concurrent resolution, S. Con. the economic growth of America. cation facilities replacement and repair com- bined have averaged $20–30 million annually, Res. 86, supra; as follows: (5) Personal retirement accounts would demonstrate the value of savings and the meeting only 4 percent of total need. At the At the appropriate place in the resolution, magic of compound interest to all Ameri- present rate, one deteriorating BIA school insert the following new section: cans. Today, Americans save less than people can be replaced each year, with estimates of SEC. . SENSE OF THE SENATE REGARDING in almost every other country. completion of nine schools in the next seven ELIMINATION OF THE MARRIAGE (6) Personal retirement accounts would years. Since the new construction and repair PENALTY TAX. help Americans to better prepare for retire- backlog is so great and growing, the current (a) FINDINGS.—The Senate finds that— (1) Twenty-one million American couples ment generally. According to the Congres- focus at BIA construction must remain on in 1996 paid an average of $1,400 more income sional Research Service, 60 percent of Ameri- emergency and safety needs only, without tax, simply because they were married, re- cans are not actively participating in a re- prioritizing program needs such as increas- sulting in a marriage penalty tax. tirement plan other than social security, al- ing enrollment or technology in the class- (2) The tax code discriminates against though social security was never intended to room; and many married couples in a way that under- be the sole source of retirement income. (5) unlike most schools, the BIA schools mines the institution of marriage, and (7) Personal retirement accounts would are a responsibility of the Federal Govern- erodes our society’s strength and stability. allow partial prefunding of retirement bene- ment. Unfortunately, the failure of the Fed- (b) SENSE OF THE SENATE.—It is the Sense fits, thereby providing for social security’s eral Government to live up to this respon- of the Senate that the elimination of the future financial stability. sibility has come at the expense of quality marriage penalty tax should be one of (8) The Federal budget will register a sur- education for some of this Nation’s poorest congress’s highest priorities when enacting plus of $671,000,000,000 over the next 10 years, children with the fewest existing opportuni- any tax relief pursuant to the Budget Reso- offering a unique opportunity to begin a per- ties to better themselves. lution for Fiscal Years 1999, 2000, 2001, 2002 manent solution to social security’s financ- (b) SENSE OF THE SENATE.—It is the sense and 2003. ing. of the Senate that the assumptions underly- (9) Using the Federal budget surplus to ing the functional totals in this budget reso- HUTCHISON AMENDMENT NO. 2208 fund personal retirement accounts would be lution assume that the repair and construc- an important first step in comprehensive so- tion backlog affecting Bureau of Indian Af- (Ordered to lie on the table.) cial security reform and ensuring the deliv- fairs school facilities should be eliminated Mrs. HUTCHINSON submitted an ery of promised retirement benefits. over a period of no more than five years be- amendment intended to be proposed by (b) SENSE OF THE SENATE.—It is the sense ginning with Fiscal Year 1999. her to the concurrent resolution, S. of the Senate that this resolution assumes Con. Res. 86, supra; as follows: that the Committee on Finance shall con- CRAIG (AND OTHERS) AMENDMENT At the end of title III, add the following: sider and report a legislative proposal this NO. 2211 year that would dedicate the Federal budget SEC. . SENSE OF THE SENATE ON THE USE OF Mr. CRAIG (for himself, Mr. ALLARD, BUDGET SURPLUS FOR TAX RELIEF surplus to the establishment of a program of OR DEBT REDUCTION. personal retirement accounts for working Mr. GRAMS, Mr. HELMS, Mr. INHOFE, It is the sense of the Senate that this reso- Americans and reduce the unfunded liabil- Mrs. HUTCHISON, Mr. THOMAS, Mr. SES- lution assumes that any budget surplus ities of the social security program. SIONS, and Mr. COVERDELL) proposed an S2872 CONGRESSIONAL RECORD — SENATE March 31, 1998 amendment to the concurrent resolu- tee on Labor and Human Resources be program has experienced. The land- tion, S. Con. Res. 86, supra; as follows: authorized to meet for a hearing on mark 1993 Institute of Medicine report At the end of title II, add the following: Charter Schools during the session of reminded us, however, that much more SEC. ll. REQUIREMENT TO OFFSET DIRECT the Senate on Tuesday, March 31, 1998, still needs to be done. ‘‘Each year, in- SPENDING INCREASES BY DIRECT at 10:00 a.m. jury alone claims more lives of chil- SPENDING DECREASES. The PRESIDING OFFICER. Without dren between the ages of 1 and 19 than (a) SHORT TITLE.—This section may be objection, it is so ordered. do all forms of illness. . .. Overall, cited as the ‘‘Surplus Protection Amend- COMMITTEE ON VETERANS’ AFFAIRS some 21,000 children and young people ment’’. Mr. DOMENICI. The Committee on under the age of 20 died from injuries (b) IN GENERAL.—In the Senate, for pur- in 1988. . .. Clearly, preventing emer- poses of section 202 of House Concurrent Res- Veterans’ Affairs requests unanimous olution 67 (104th Congress), it shall not be in consent to hold a hearing on tobacco- gencies is the best ‘cure’ and must be a order to consider any bill, joint resolution, related compensation and associated high priority, but as yet, prevention is amendment, motion, or conference report issues. The hearing will take place on far from foolproof. When prevention that provides an increase in direct spending Tuesday, March 31, 1998, at 10:00 a.m., fails, families should have access to unless the increase is offset by a decrease in in room 106 of the Dirksen Senate Of- timely care by trained personnel with- direct spending. fice Building. in a well-organized emergency medical (c) WAIVER.—This section may be waived services (EMS) system. Services should or suspended in the Senate only by the af- The PRESIDING OFFICER. Without objection, it is so ordered. encompass prevention, prehospital care firmative vote of three-fifths of the Mem- and transport, ED and inpatient care at bers, duly chosen and sworn. SPECIAL COMMITTEE ON AGING local hospitals and specialty centers, (d) APPEALS.—Appeals in the Senate from Mr. DOMENICI. Mr. President, I ask and assistance in gaining access to ap- the decisions of the Chair relating to any unanimous consent that the Special provision of this section shall be limited to 1 propriate follow-up care including re- Committee on Aging be permitted to habilitation services. For too many hour, to be equally divided between, and con- meet on March 31, 1998 at 10:00 a.m. for trolled by, the appellant and the manager of children and their families, however, the concurrent resolution, bill, or joint reso- the purpose of conducting a hearing. these resources have not been available lution, as the case may be. An affirmative The PRESIDING OFFICER. Without when they were needed. . ..’’ I would vote of three-fifths of the Members of the objection, it is so ordered. suggest that the Institute of Medicine Senate, duly chosen and sworn, shall be re- SUBCOMMITTEE ON STRATEGIC FORCES has raised a very critical issue for all quired in the Senate to sustain an appeal of Mr. DOMENICI. Mr. President, I ask of us in our nation, and particularly for the ruling of the Chair on a point of order unanimous consent that the Sub- the well-being of our families. raised under this section. committee on Strategic Forces of the This year, the Administration in its (e) DETERMINATION OF BUDGET LEVELS.— For purposes of this section, the levels of di- Committee on Armed Services be au- Fiscal Year 1999 budget requested $11 rect spending for a fiscal year shall be deter- thorized to meet on Tuesday, March 31, million to continue the Pediatric mined on the basis of estimates made by the 1998 at 9:30 am to receive testimony on Emergency Medical Services Program. Committee on the Budget of the Senate. strategic nuclear policy and related This figure represents a decrease of $2 f matters in review of the Defense au- million from last year and we might be thorization request for fiscal year 1999 somewhat distressed by the rec- AUTHORITY FOR COMMITTEES TO and the future years Defense program. ommendation. However, I am very MEET The PRESIDING OFFICER. Without pleased that in this time of significant COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. budgetary constraints, Secretary RESOURCES SUBCOMMITTEE ON SURFACE TRANSPORTATION/ Shalala requested funding. And, I am Mr. DOMENICI. Mr. President, I ask MERCHANT MARINE confident that again this year our col- unanimous consent that the Commit- Mr. DOMENICI. Mr. President, I ask leagues serving on the Appropriations tee on Energy and Natural Resources unanimous consent that the Sub- Committees, on both sides of the aisle be granted permission to meet during committee on Surface Transportation/ and in the House and Senate, will en- the session of the Senate on Tuesday, Merchant Marine of the Senate Com- thusiastically respond to the truly March 31, for purposes of conducting a mittee on Commerce, Science, and pressing needs of our nation’s children. full committee hearing which is sched- Transportation be authorized to meet I am also confident that we will con- uled to begin at 9:30 a.m. The purpose on Tuesday, March 31, 1998, at 2:30 pm tinue to have the vocal support of the of this hearing is to receive testimony on reauthorization of the surface trans- American Academy of Pediatrics and on S. 1100, a bill to amend the Cov- portation board. the National Association of Children’s enant to Establish a Commonwealth of The PRESIDING OFFICER. Without Hospitals. But for their active support the Northern Marina Islands in Politi- objection, it is so ordered. in the past, it is fair to say that Con- cal Union with the United States of f gressman BILL YOUNG and I would not America, the legislation approving have been able to be as effective as we ADDITIONAL STATEMENTS such covenant and for other purposes; have wished. and S. 1275, a bill to implement further The Department’s budget justifica- tion continues to point out all too the Act (Public Law 94–241) approving PEDIATRIC EMERGENCY MEDICAL graphically the real need for this pro- the Covenant to Establish a Common- SERVICES PROGRAM wealth of the Northern Marina Islands gram. They point out that: ‘‘Each year ∑ Mr. INOUYE. Mr. President, the Pe- in Political Union with the United over 20,000 children die from injuries. diatric Emergency Medical Services States of America, and for other pur- Another 31,447,000 children and adoles- Program was enacted into public law poses. cents are seen in emergency depart- on a truly bipartisan basis on October The PRESIDING OFFICER. Without ments, accounting for $8.6 billion per 30, 1984. Children are not ‘‘merely little objection, it is so ordered. year in medical costs. Government adults.’’ They have their own unique sources pay all or part of 40 percent of COMMITTEE ON FINANCE health care needs, respond to illness the pediatric emergency department Mr. DOMENICI. Mr. President, I ask and trauma in their own individualized visits, or about $3.4 billion. . ..’’ With- unanimous consent that the Commit- manner, and although children con- out question, having appropriate and tee on Finance be permitted to meet stitute between 20 to 35 percent of hos- high quality care available in a timely Tuesday, March 31, 1998 beginning at pital emergency department services, fashion is an investment in our na- 2:00 p.m. in room SH–215, to conduct a too often their families are not really tion’s future. markup. Note this markup was origi- considered an integral component of Every one of us should be aware that nally scheduled to begin at 10:00 a.m. their treatment and eventual rehabili- there is still much to be accomplished The PRESIDING OFFICER. Without tation. When President Reagan signed in our efforts to protect the lives and objection, it is so ordered. Public Law 98–555, a new era of hope future of our loved ones. Even today, COMMITTEE ON LABOR AND HUMAN RESOURCES and opportunity had arrived. only two states require that Basic Life Mr. DOMENICI. Mr. President, I ask Over the years, I have been very Support vehicles carry all the equip- unanimous consent that the Commit- pleased with the steady growth this ment needed to stabilize a child and March 31, 1998 CONGRESSIONAL RECORD — SENATE S2873 only five states require all such equip- tures on Law & Cultural Diversity hon- the ballot and passed, and that again, ment for Advanced Life Support ambu- oring Judge Mario Olmos, a Boalt Hall it was likely to be in Judge Paez’s lances. 34 percent of EMTs and para- graduate, Judge Paez said the follow- court. Indeed we know that is in fact medics report that they still do not ing: what happened. So in that instance as feel comfortable treating children. In The Latino community has, for some time well, it seems to me that these com- 1996, 66 percent of persons who failed now, faced heightened discrimination and ments are dubious under Canon 4. the national EMT exam did so because hostility, which came to a head with the pas- they failed the pediatric/OB section. A sage of Proposition 187. The proposed anti- In addition, I think they are prob- civil rights initiative [which was eventually recent study found that paramedics’ lematic under Canon 5(D). That canon placed on the ballot as Proposition 209] will generally prohibits judges from engag- skills and knowledge for treating criti- inflame the issues all over again, without cally ill or injured children completely contributing to any serious discussion of our ing in political activity. Judge Paez decayed by six months post-training; differences and similarities or ways to en- gave this speech on April 6, 1995. The yet no state requires even annual re- sure equal opportunity for all. next day, the California Democratic training in pediatric care. Children Here are my concerns. In the case of Party opened its State convention, with special health care needs present Proposition 187, an initiative barring where press reports say that the ques- major complications for emergency receipt of state-funded benefits by ille- tion of how to respond to the circulat- treatment. Yet, only six states have gal aliens, at the time Judge Paez ing initiative was one of the central approved continuing education courses made these remarks, he was a sitting issues on the table. One day later, that address this topic. Only nine district court judge, and there was liti- President Clinton went out to Califor- states have the capacity to produce re- gation pending in Judge Paez’s own nia to give a speech on the subject. Ac- ports on pediatric emergency medical court regarding the constitutionality cording to the press, at the time many services care using statewide emer- of this initiative. That court had were arguing that given California’s gency medical services data. Perhaps granted a t.r.o. and had before it a re- significance in Presidential politics, quest for a preliminary injunction, most significantly, however, is the this issue could play a critical role in which the district court did not rule on finding that LESS THAN HALF (46 the Presidential election. percent) of hospitals with emergency until November 1995, seven months departments have necessary equipment after Judge Paez made this speech. As- Given this context, Judge Paez’s for stabilization of ill and injured chil- suming some aspects of the initiative comments look a lot like a judge inter- dren, and only 40 percent of our na- ultimately survived this facial con- vening in a hot political controversy. tion’s hospitals with emergency de- stitutional challenge, a question that I Granted, the forum where Judge Paez partments have written transfer agree- believe has just gone to the Ninth Cir- made these remarks—a lecture series ments with a higher level facility to cuit, there was also certain to be liti- at a law school—may insulate them ensure that children receive timely and gation over how it should be inter- from actually violating Canon 5. And it appropriate hospital care when they preted. is possible that Judge Paez was just Judge Paez’s comments on the initia- need it. Many public policy experts unlucky about the timing of his re- tive, it seems to me, at a minimum at have also raised the issue of how pedi- least unnecessarily raise a question as marks, and had no intention of affect- atric emergency care is being covered to whether he will be able to decide ing the California Democratic Party’s under managed care programs. position (although in answer to a ques- Earlier, I referred to the impressive cases presenting issues relating to Proposition 187 impartially. Indeed, at tion at his hearing about how an initia- report which the Congress had received tive that tracks the Fourteenth from the experts at the Institute of his hearing, when asked about these re- marks, Judge Paez practically ac- Amendment could be ‘‘anti-civil Medicine. In my judgment, perhaps the rights’’, he said that at the time he was most critical Institute of Medicine rec- knowledged this problem in that he cited the pending cases as a reason why giving his remarks, he remembered ommendation is that the Congress ‘‘just reading in the papers there was a should provide $30 million annually for he needed to be cautious in answering Judiciary Committee Members’ ques- lot of debate going on as to how it this special program. Those of us from should actually be formulated,’’ sug- Hawaii truly appreciate on a first-hand tions about what he had said. That is the very reason he should not have said gesting that perhaps he was following basis the many far reaching health pol- that debate). Regardless of his actual icy recommendations that have been what he did in the first place. Accord- ingly, I think these comments are in- intention, however, the appearance made over the years by our visionary that a judge is injecting himself into pediatrician, Dr. Calvin Sia. I, as one consistent with Canon 4 of the Model Code of Judicial Conduct, governing politics is exactly what Canon 5(D) is U.S. Senator, shall continue to do my designed to avoid, and that is presum- best to implement Dr. Sia’s rec- judges’ extra-judicial activities. Under that canon, off the bench a judge is ably why it is formulated as a flat pro- ommendations. Our nation’s children hibition. and families deserve no less.∑ supposed to conduct himself or herself f so as not to ‘‘cast reasonable doubt on When he was asked about these com- the judge’s capacity to act impartially ments at his hearing, Judge Paez said NOMINATION OF JUDGE PAEZ as a judge.’’ ‘‘we shouldn’t and I wasn’t trying to Mr. ABRAHAM. Mr. President, I As for Judge Paez’s comments re- take a political position. We were wanted to make a few comments about garding Proposition 209, barring racial bound by certain ethics. Nonetheless, Judge Paez’s nomination, which was preferences in the provision of public as I said a minute ago, we are—we have recently reported out of the Judiciary services, I believe they raise similar a life outside of our role as a judge as concerns and some additional ones as Committee with six Members noting well, and it was an—I was trying to ad- well. Proposition 209 had not even been dissents. Because I had a prior commit- dress a particular broad issue, and so I placed before the voters at the time ment, when the markup was moved made those remarks.’’ He also said that from 10:00 A.M. to 5:30 P.M. Thursday these comments were made, and so as far as I am aware, there was no pending he regretted having used the particular afternoon I was not able to be there words he did. In written answers to fol- and accordingly did not record a posi- litigation about it at the time Judge low up questions, he also explained tion on this matter, which was voted Paez made these comments—although why in his view his remarks did not on by voice vote with those wishing to we have had before us another nominee violate Canon 3A(6) (prohibiting judi- note a dissent doing so. I would like for the Ninth Circuit who tried to get the record to reflect, however, that I an injunction against circulating peti- cial comments on the merits of pend- have serious objections to this nomi- tions to place an initiative on the bal- ing cases) and how ‘‘upon reflection, nee’s confirmation. My reasons center lot, so such litigation certainly was [he] underst[ood] how [his] reference to around some comments Judge Paez not an impossibility even at that stage the proposed initiative could have led made about two California initiatives of the process. Even if no challenge some to believe that [he] might have a while he was serving as a district along those lines were brought, how- biased view of the constitutionality of judge. ever, it was crystal clear that there Proposition 209.’’ He continued ‘‘I re- In a speech given at Boalt Hall in certainly would be ample litigation gret that anyone would have that per- April of 1995 as part of a series of lec- about it if the initiative was placed on ception, as I assure you that was not S2874 CONGRESSIONAL RECORD — SENATE March 31, 1998 and is not the case. I am sorry that I bond of occupation or to groups within tions for millions of working families may have given anyone such an im- a well-defined neighborhood, commu- who have come to depend on their cred- pression by uncritically referring to nity or rural district.’’ Accordingly, it unions. the proposed initiative in the way that prior to 1982, federal credit unions were I am not prejudging precisely how I did.’’ chartered to serve a single group affili- the Congress should legislate a final I do not think these responses are ated by either occupation, association, resolution of this matter. It deserves sufficient. The concerns that have been or residency in a well-defined commu- careful consideration by Senators and raised about these matters are not eso- nity. Representatives. But, I believe strong- teric. They are the kind of thing that I In 1982, however, the NCUA altered ly that until that resolution is deter- think we reasonably expect judges to its interpretation of section 109 to mined and enacted into law, it would think about before they give public re- allow federal credit unions to comprise be a grave mistake for the Court to marks. Nor was Judge Paez brand new not just one, but multiple occupational force existing credit union members to the bench when he made these re- groups. For example, a credit union out of the affiliation with their credit marks: he gave the speech in April 1995, formed by and serving the employees of unions. Such a step would be counter some nine months after his appoint- a clothing store, could also, pursuant to the public interest. ment. Finally, Judge Paez indicated in to the NCUA’s 1982 interpretation, Mrs. BOXER. I would add that the response to written questions from serve the employees of a grocery store American Bankers Association, to its Senator ASHCROFT (1) that since his or a pharmaceutical company. In 1990, credit, has said that, despite the comments only went to the divisive na- a group of North Carolina Banks, as Court’s ruling, it has no intention of ture of the initiative, he ‘‘hope[d]’’ it well as the American Bankers Associa- trying to force credit union members would have been clear to the people of tion filed suit against the NCUA argu- who currently belong to multiple-em- California that he had not prejudged ing that the NCUA interpretation was ployer group credit unions to divest the matter but that (2) in any event he contrary to the Federal Credit Union their membership. I am hopeful, there- would not have recused himself from Act. The Supreme Court recently fore, that Judge Jackson will allow all hearing a challenge to Proposition 209 issued an opinion in which they found current credit union members to re- because he believes he could have been on behalf of the five North Carolina main with their respective credit impartial in the matter since judges banks and the American Bankers Asso- unions. often have personal opinions on policy ciation. Mr. KERRY. I agree with my good questions but are expected to put them I think it is important to ensure, friend and also applaud the American aside. It seems to me, however, that however, that no current credit union Bankers Association decision not to given that Judge Paez went out of his member be forced to give up their seek action to force dropping credit way as a judge to say what he did, it membership if they are multiple-group union members from credit union rolls. would be perfectly reasonable for the credit union members. I know that my All working families in the United people of California not to trust his im- friend and colleague Senator KERRY is States, whether they live in urban or partiality and that a recusal pledge also concerned about this issue. rural areas, deserve access to fairly with respect to cases involving these Mr. KERRY. Mr. President, I thank priced credit and other financial serv- initiatives was a bare minimum indica- Senator BOXER and I share her concern ices. Credit unions serve as a way for tor of the sincerity of his expressions that the Supreme Court ruling could people of average means, without easy of regret. require some credit unions to remove access to affordable credit, to pool Despite the central role that the ini- some individuals from credit union their savings in order to make credit tiative process has played in California membership. The credit unions oper- available to themselves and their fel- in correcting judicial excesses, I have ated in good faith when they extended low credit union members at competi- supported two prior nominees. One was membership to members of unrelated tive interest rates. In the Common- a nominee to a California district court groups. However, the Supreme Court wealth of Massachusetts, for example, seat who had written a piece criticizing found that such actions have gone be- there are more than 300 credit unions the initiative process itself. The other yond the bounds of the Federal Credit serving approximately 1.7 million peo- was a nominee to the Circuit Court Union Act. ple. These credit unions have helped whose pro bono work challenging a The U.S. District Court, to which the launch and sustain small businesses. Washington initiative even before it Supreme Court returned the case, can Some of them have played a key role in had been placed on the ballot I alluded choose from a number of alternatives the development and revitalization of to earlier. These activities raised some to provide the required relief in Na- economically distressed communities. questions about whether either of these tional Credit Union Administration v. In dozens of ways, credit unions have nominees should be confirmed for judi- First National Bank & Trust et al. The proven themselves to be a vital compo- cial positions where they would of ne- Court could choose to expel current nent of our financial services industry. cessity be passing on the validity of credit union members who are not af- We must not take precipitous action initiatives. In each instance, the nomi- filiated with the original occupational that could result in grave damage to nee’s explanations persuaded me that group, grandfather all current mem- this portion of the industry. That is es- they should be given the benefit of the bers of credit unions but prevent credit pecially important until the Congress doubt. Unfortunately, in Judge Paez’s unions from adding any new members can pass legislation. case, I find myself unable to do so, and who are not affiliated with the original Mrs. BOXER. I could not agree more. accordingly I have serious objections group or allow credit unions to add new In my home state of California, there to his elevation to the Ninth Circuit. members from any employer groups are 500 federal credit unions and more f represented by current credit union than 5 million credit union members. members but preclude adding members So credit unions have been an ex- CREDIT UNION MEMBERSHIP from other unrelated occupation tremely valuable resource to millions ∑ Mrs. BOXER. Mr. President, on Feb- groups. of residents of my state as well. ruary 25, the Supreme Court issued an I believe the members of all current Finally, Mr. President, I think it is opinion invalidating the National Cred- multiple-group credit unions should be important to put into some context the it Union Administration’s (NCUA) mul- allowed to continue in the credit multiple-group charters that the NCUA tiple group policy. I am concerned that unions they have chosen. Dislocating began approving in 1982. Beginning in the Court’s ruling may require some approximately 10 million credit union 1982, as a result of the economic condi- current credit union members to divest members not affiliated with their cred- tions of the time—the downsizing of their credit union membership. Let me it union’s original occupation group companies, the closing of plants, and explain. could potentially have serious effects slumping U.S. industries—the stability Section 109 of the Federal Credit on the safety and soundness of the and viability of a number of individual Union Act of 1934 provides that ‘‘fed- credit unions in Massachusetts and credit unions was threatened. Simulta- eral credit union membership shall be across the nation. It would also limit neously, we started seeing the begin- limited to groups having a common the credit and financial services op- nings of an upsurge in the number of March 31, 1998 CONGRESSIONAL RECORD — SENATE S2875 small businesses. Those small busi- courage more clinical trials to be con- the high incidence of tuberculosis, he nesses wanted access to credit union ducted in the United States. donated an ambulance to the hospital services, even though many did not Mr. President, I look forward to in Tarnow in memory of his parents. meet the 500 employee threshold for a working with Senator D’AMATO and Later, he would provide 11 mobile x-ray charter. members of the Finance Committee to units and 42 support vehicles to trans- Thus, multiple group charters be- create an environment that will enable port technicians. came a means of ensuring that those medical technology to grow and create Mr. Piszek’s commitment to the Pol- small businesses, as well as low-income jobs.∑ ish people did not end with those ini- consumers lacking access to more tra- f tial acts of kindness. When the country ditional financial services, were able to suffered from food shortages in the access the services of credit unions. I TRIBUTE TO EAGLE SCOUT JOHN early 1980s, he donated 10 million believe that these groups should to BADEEN pounds of fishcakes. After the nuclear continue to have access to credit union ∑ Mr. ABRAHAM. Mr. President, I rise disaster in Chernobyl, Ed participated services, whether through individual or today to honor a fine young man, John in an airlift of powdered milk and food multiple group charters.∑ Badeen, for reaching the esteemed rank to those who were affected in Poland. f of Eagle Scout. Earning this coveted Mr. Piszek has also worked to help the award is testament to the fact that he Polish people elevate their culture. He TRANSFORMATION IN THE possesses a strong character and excep- and author James A. Michener estab- HEALTHCARE MARKET tional citizenship. Having reached lished a Young Polish Writer’s work- ∑ Mrs. HUTCHISON. Mr. President, Scouting’s highest rank, John un- shop. Similarly, Ed supported the Medical schools and teaching hospitals, doubtedly possesses the solid skills and ‘‘United States Peace Corps Partners the training ground for our nations’ values necessary to be a valuable asset in Teaching English’’ which has al- healthcare personnel and the centers to his community and to the nation. ready trained 25,000 new English teach- for world class cutting-edge medical in- John, as well as his family and ers in Poland. novation, are facing significant chal- friends should be very proud of his ac- On the home front, Ed has worked to lenges as new efforts of cost contain- complishment. Scouting is a wonderful elevate the image of Polish Americans. ment force radical transformation in asset to our country that aids in shap- He purchased the home of General the healthcare market. There has been ing our young people into fine citizens. Thaddeus Kosciuszko—a Polish engi- a steady decrease in the pharma- Boy Scouts in this country have grown neer who came to fight in the Amer- ceutical R&D performed at medical to become prominent and respectable ican Revolution and then later de- schools and teaching hospitals. A study citizens within their communities. signed West Point—and donated the by three pharmaceuticals companies I want to extend my warmest con- property to the National Park Service. revealed that while pharmaceutical gratulations to John. I am confident In 1972, he founded the Copernicus So- R&D is larger dollarwise than NIH, the that he will continue working for the ciety of America. This private non- university-based portion of clinical good of his community and serving as profit foundation strives to promote trials fell from 82% in 1989 to 68% in an example to all young people. I wish and encourage artistic, scientific, and 1993. him the best in all of his future endeav- historical activities throughout the Given this fact, I am pleased to be an ors. I would also like to add that it world. original co-sponsor of The Medical In- gives me great pleasure to give this In countless many ways, Ed Piszek novation Tax Credit introduced by Sen- award in the company of my good has helped build a cultural bridge be- ator D’AMATO. This bill would give a friends, Father George Shalhoub and tween the U.S. and Poland. For in- tax credit of up to 20% on qualified re- Father John Badeen. ∑ stance, he hosted a visit from Lech search expenses to firms that conduct f Walesa at the Copernicus Society’s and expand their biopharmaceutical re- headquarters in Fort Washington, PA. search activities at medical schools TRIBUTE TO MR. EDWARD J. He was instrumental in making ar- and teaching hospitals. PISZEK rangements for ABC News to go ‘‘be- In my home state of Texas, medical ∑ Mr. SANTORUM. Mr. President, I hind the walls’’ of the Vatican and film technology is poised to become a high- rise today to recognize a constituent John Paul II in his work day and pri- tech boom industry. Texas is currently who has distinguished himself at home vate moments. The end result was The home to more than 500 medical tech- and abroad. This week, Edward J. Pope and His Vatican, an ABC News nology companies with $5 billion in an- Piszek will be honored in Philadelphia Special which aired Easter Night, 1983. nual sales, according to a new report for receiving one of the Republic of Po- Another of Ed’s noteworthy achieve- released by the Austin-based Texas land’s highest civilian honors. ments was coordinating with the Co- Healthcare and Bioscience Institute. On March 16, 1998, President pernicus Society and Penn State Uni- Medical technology companies cur- Aleksander Kwasniewski bestowed the versity to hold Agricultural Economic rently employ about 38,000 people, ‘‘Polonia Restituta,’’ or the ‘‘Com- Development Summits in the Pzeszow making it a medium-sized manufactur- mander’s Cross with a White Star’’ Province of Poland. These one-week ing industry comparable to the state’s upon Mr. Piszek. This medal is pre- seminars allow agricultural experts paper, lumber and aircraft industries. sented for extraordinary service to the from Poland and Penn State to share Texas’ growing presence in medical nation of Poland. Recipients of the their knowledge and their expertise technology is firmly rooted in the Polonia Restituta are celebrated for with neighboring countries. Finally, state’s universities and health-related their achievements in government and Mr. Piszek is working to promote the research institutes. Academic health public activities, for contributions to national pastime in Poland. A board centers such as The University of promote Poland’s independence, or for member of the Little League Baseball Texas Southwestern Medical Center at advancing Polish culture in the areas Foundation in Williamsport, PA, Ed is Dallas, Baylor College of Medicine and of education, literature and the arts. deeply involved in developing the Lit- MD Anderson Cancer Center in Hous- The son of Polish immigrants, Ed ex- tle League Baseball European Training ton, and the University of North Texas emplified his parents’ strong work Center in Kutno, Poland. He hopes that Health Science Center in Fort Worth ethic. It was a lesson well learned. In baseball will teach children of all na- position Texas as a world leader in bio- 1946, with $350 and the help of a close tions the concepts of teamwork, leader- medical research. friend, Ed founded Mrs. Paul’s Kitch- ship, and character. All things consid- By stimulating more private-sector ens, Inc. Under his direction, the com- ered, Edward Piszek was an obvious research at these institutions, the Med- pany became one of America’s largest choice to accompany President Clinton ical Innovation tax Credit will help en- producers of prepared frozen seafood to Warsaw in support of NATO mem- sure America’s continued preeminence and vegetables. bership for Poland. in bio pharmaceutical research; pro- Ed began his philanthropic work in Mr. President, one man can truly vide needed resources for medical Poland during the 1960s. After witness- make a difference. Mr. Piszek’s work schools and teaching hospitals; and en- ing the tremendous suffering caused by has touched thousands of lives. As he is S2876 CONGRESSIONAL RECORD — SENATE March 31, 1998 honored at the Kosciuszko House on written to the President as well to reit- throughout the year with a series of April 2, I ask my colleagues to join me erate the urgency of Governor events. They are currently trying to lo- in extending the Senate’s best wishes Carlson’s request. cate ancestors of the original township for continued success to Edward J. Mr. President, the people of Min- board to take part in the celebration. Piszek and his family. ∑ nesota have faced disaster before. It I want to congratulate Bridgeport f was almost one year ago when the ter- Charter Township on its Sesquicenten- THE MINNESOTA TORNADOS rible spring floods swept through west- nial and extend my best wishes for a ern Minnesota and devastated so many successful and enjoyable celebration.∑ ∑ Mr. GRAMS. Mr. President, I rise lives. We learned a lot about each other today to speak for a few minutes about during the difficult months that fol- f the violent storms of this past weekend lowed, when it seemed the clean-up in south-central Minnesota and to ex- would never end and life would never THE 116TH ANNIVERSARY OF THE press my concern for the many, many be the same again. We were reminded victims of this tragedy. Tornados and FOUNDING OF THE KNIGHTS OF what it means to be a community, and COLUMBUS severe thunderstorms ripped through how communities come together dur- Minnesota Sunday evening, tearing ing troubled times. ∑ Mr. GRAMS. Mr. President, I rise through St. Peter, Hanska, and With that experience fresh in mind, I today to honor the Knights of Colum- Lonsdale and forcing the evacuation of know that Minnesotans will once step bus and join them in the celebration of the small town of Comfrey. forward and help one another rebuild 116 years of carrying out their mission In the wake of the devastation, my from this weekend’s tornados. And I of ‘‘Unity, Service, and Patriotism.’’ In thoughts and prayers go out to the peo- want the victims of this latest disaster the fall of 1881, a group of men, under ple of south-central Minnesota. I would to know that they will not be forgot- the direction of Father Michael J. especially like to express my condo- ten. ∑ McGivney, met at St. Mary’s Church in lences to the families of Dustin Schnei- f New Haven, Connecticut, for the pur- der, the young boy whose life was pose of establishing a fraternal benefit TRIBUTE TO ANTHONY HIGDON—41 taken by the storm near St. Peter, and society within the Catholic Church. YEARS OF GOVERNMENT SERVICE Louis Mosenden of Hanska, who died That small meeting was the genesis for Monday as a result of injuries he suf- ∑ Mr. MCCONNELL. Mr. President, I a movement which now claims nearly fered when a tornado hit his home. Our rise today to recognize the extraor- 1.6 million members (4.5 million includ- thoughts and prayers are with their dinary career of Mr. Anthony Higdon, ing family members) in countries loves ones. who retired last month after 41 years of throughout the Western Hemisphere Mr. President, along a 60-mile path, service to his country and the people of and the Pacific. hundreds of houses, factories, barns, the Commonwealth of Kentucky as a After being granted legal corporation silos, churches, and schools have been member of the U.S. Air Force and as an on March 29, 1882, the Knights of Co- reduced to rubble. Most of the build- employee of the Social Security Ad- lumbus began spreading their message ings in St. Peter were either destroyed ministration . or severely damaged. The smaller com- After four years in the Air Force, Mr. of pride in faith and nation. Indeed, the munity of Comfrey was almost com- Higdon spent the last 37 years working very name Knights of Columbus was pletely destroyed. Power is still out in for the Social Security Administration, chosen to reflect this premise, as it sig- both towns. serving the needs of Kentucky’s senior nifies the importance of Christopher In all, more than 700 houses and citizens. His career included 20 years as Columbus’ discovery of America to the apartments were destroyed or damaged manager of the 3 Social Security of- Catholic Church. to the point that they are now un- fices in Louisville. Before that, he In times of national crisis, the inhabitable. Another 1,800 have sus- served in other capacities in the Louis- Knights of Columbus have consistently tained severe damage. Thousands of ville offices, as well as at the Social heeded the call for service and sac- residents have been forced to go seek Security branches in Elizabethtown, rifice. This was perhaps best exempli- public shelters or the homes of friends Hazard and Hopkinsville, Kentucky. fied during two of the most pivotal or relatives. More than 100 businesses One of Mr. Higdon’s most important events in our Nation’s history which have been damaged in the area. legacy will be his tireless work with occurred this century: World War I and Even with the massive damage, the national and community leaders in World War II. During these trying initial response to this disaster by the Kentucky to impress upon them an un- times, the Knights of Columbus offered State of Minnesota, the Minnesota Na- derstanding of the dramatic impor- an array of support programs for the tional Guard, Minnesota relief agen- tance of Social Security programs to men and women of our armed forces, cies, and local law enforcement has all people throughout their lives. including bond drives and blood donor been swift and efficient. Because of Mr. President, Anthony Higdon will programs. this quick response, and the coopera- be sorely missed by all his friends and In addition, at the conclusion of tion we are seeing between state, local, colleagues at the Social Security Ad- World War II and the onset of the Cold and federal officials, I am confident ministration offices across the Com- War, the Knights of Columbus aided in south-central Minnesota will recover monwealth of Kentucky. As he retires the crusade against Communist expan- from this natural disaster. I intend to to the community which he has spent sion by sponsoring 1,300 educational survey the area this weekend, after most of his life serving, we wish him discussion groups, as well as speakers’ state and local officials have completed best of luck and thank him for his serv- bureaus, advertisements and radio ad- their damage assessments. My staff is ice.∑ dresses. The Knights of Columbus’ ef- already on the scene, and is meeting f forts during the Cold War were ac- today with representatives of the Fed- BRIDGEPORT CHARTER TOWNSHIP knowledged by President Harry S. Tru- eral Emergency Management Agency man. in St. Peter as they inspect the dam- SESQUICENTENNIAL age. ∑ Mr. ABRAHAM. Mr. President, I rise While those accomplishments are in- Since first receiving word of the today to honor a place of great signifi- deed admirable, equally impressive are storms, I have been working closely cance in the history of the state of the often unsung works undertaken by with state and local officials to bring Michigan. Bridgeport Charter Town- individual Knights of Columbus Coun- federal assistance to the region and ship, located in the heart of Michigan, cils each day. In 1996, Knights of Co- begin the recovery efforts. I want to as- will celebrate its Sesquicentennial on lumbus members reported 48,966,132 sure my constituents that the federal April 4, 1998. It was founded April 4, hours of volunteer service and donated government will do whatever is needed 1848, making it the oldest charter $105,976,102 to charity. to help the people of our state cope township in Michigan. Currently, 229 Knights of Columbus with the devastation. Minnesota Gov- Bridgeport Charter Township will Councils serve parishes and commu- ernor Arne Carlson today forwarded to begin the celebration of its 150th year nities throughout my home state of President Clinton his formal request on April 4, 1998 with a town hall meet- Minnesota. The services undertaken by for a disaster declaration, and I have ing. The celebration will continue each Council cover many areas and aid March 31, 1998 CONGRESSIONAL RECORD — SENATE S2877 a number of different charities and veals the heart of a lion. Down 17 ing, has thrived uninterrupted for over causes, ranging from providing loans points with less than 10 minutes to two hundred years. for college students to assisting the play against a Duke squad that had In 1968, my wife, Sharon, along with sick and the elderly in getting to Sun- been ranked #1 for most of the year, a group of community-minded West day Mass. the Comeback Cats put together a fren- Virginians assisted a talented group of Other examples of service activities zied charge, outscoring the Blue Devils quilters to form Mountain Artisans, a in Minnesota include: a fund drive in 17 - 1 during a crucial stretch. What nonprofit group comprised of gifted support of the construction of Catholic made the feat all the more impressive quilt makers, to help in the preserva- schools conducted by Council 7604 in was that every player contributed. tion and exposure of this artful tradi- Eagan, Minnesota; the bowling team In the Final Four, the Cats squared tion of design and talent. Many West from Council 961 in St. Cloud, Min- off against the Stanford Cardinal, the Virginians considered quilting a part of nesota, which raised over $6,000 for Big West Coast power that spent the ma- the mountain state’s heritage. My wife Brothers-Big Sisters; and the sponsor- jority of the season undefeated. Down and I are particularly fond of the ing of youth hockey by Council 3166 in by 5 at half, the Cats did what was nat- Mountain Artisans. When we were ex- Detroit Lakes, Minnesota. ural for them, they put together a pecting our first child, in the late Mr. President, I am pleased to report rally, eventually winning the contest 1960’s, the group graciously decided to that the ‘‘World’s Largest Catholic in overtime. This victory was fueled by create a quilt for our first-born. With Family Fraternal Organization’’ has a one of the most gritty performances in the assistance of the Sod Sewing Group commanding presence in Minnesota Final Four history, as senior Jeff from Sod, West Virginia, the quilt was and will continue to provide commu- Sheppard poured in 27 of the Cats 74 completed in mid-September of 1970. nities with an excellent example of how points. The beautiful quilt, which is known as to live a fulfilling life of maximum What could top this effort in the ‘‘The Rockefeller Quilt’’ was displayed at service to God and country. I am hon- finals? How about the greatest come- the Rockefeller home and today, ored to have this opportunity to ac- from-behind victory in the history of adorns the wall just outside my office knowledge and thank the Knights of the NCAA championship. Down 10 at in the Hart Senate Office Building in Columbus for all their work, and offer the half, and 12 early in the second Washington, D.C. my sincerest congratulations on the half, this selfless group of young men One master quilter I especially ad- 116th anniversary of their founding. ∑ redoubled their efforts and chipped mire is Mortana McCormick of Sod, f away at the Utah lead. Steadily the West Virginia, who contributed to the tide began to shift behind three point creation of The Rockefeller Quilt. Ms. TRIBUTE TO THE KENTUCKY baskets from Heshimu Evans, and Ken- McCormick, a distinguished quilter, WILDCATS: 1998 NCAA NATIONAL tucky natives Cameron Mills and Scott has represented the State well and BASKETBALL CHAMPIONS Padgett. Refusing to wilt under the helped put our state on the ‘‘interior ∑ Mr. MCCONNELL. Mr. President, 50 pressure of facing the hottest team in design and fashion’’ map. She has con- years ago this month, the University of the nation, Kentucky hammered away tributed to fashion patchwork designs Kentucky accomplished a feat still un- defensively and converted on the offen- for Barbra Streisand and museum col- matched in college basketball history. sive end. In the end, Utah’s game effort lections displayed in West Virginia and As every backyard all-star in the Com- was not enough and the Cats posted a internationally. Mortana McCormick monwealth can tell you, that was the 78 - 69 victory in seizing their second is just one of the talented artisan- year of the original Fabulous Five. national title in three years. quilters that call West Virginia home. You see in Kentucky, we have a habit In what has become habit for the I ask my distinguished colleagues to of naming our most special Wildcat Comeback Cats, the team drew on its join me in recognizing this long stand- teams, and 1948 may have been the strengths and refused to panic. Under ing tradition and art, and its many tal- most special of the bunch. That group, the masterful eye of Coach Smith and ented artists, including Ms. Mortana led by Alex Groza, Ralph Beard and the intelligent play of a host of stars, McCormick.∑ Wah Wah Jones not only earned Ken- the team accomplished its dream of f tucky’s first NCAA men’s college bas- bringing home the title. ketball championship trophy but went So, Mr. President, while we look TRIBUTE TO LINCOLN UNIVERSITY on to bring home a gold medal from the back fondly on the Fabulous Five of ∑ Mr. BOND. Mr. President, I stand be- 1948 Olympics. 1948, I am content to take senior Jeff fore you today to pay tribute to a truly Flash forward Fifty years into the fu- Sheppard’s advice to ‘‘appreciate the outstanding University in my home ture, to see another edition of the precious present,’’ and embrace these State of Missouri, Lincoln University. Wildcats, and equally high expecta- Comeback Cats as the greatest ‘‘team’’ Lincoln has played a large role in Afri- tions. Led by seniors Jeff Sheppard, to ever put on the Kentucky uniform. can American education in my home Allen Edwards, and Cameron Mills, the It is impossible to appreciate the in- State of Missouri, as well as across the 1998 Cats came into the season facing tensity and effort these young men put nation. an uncertain future. While expecta- forth as they met and exceeded every Lincoln was founded in 1866 by the tions are always high at Kentucky, challenge in their path during the 1997– Caucasian officers and the African this year’s squad exceeded even the 98 season. American enlisted men of the 62nd and most optimistic fan’s hopes. Mr. President, I ask each of my col- 65th United States Colored Infantries Under the expert leadership of first- leagues to join me in honoring the Uni- who fought for the Union during the year head coach, Tubby Smith, these versity of Kentucky, history-making Civil War. These men wanted to estab- Wildcats will be raising the school’s coach Tubby Smith, athletic director lish a school that would devote itself to 7th NCAA championship banner to the C. M. Newton, and most importantly educating freed African Americans. By rafters of Rupp Arena. But Mr. Presi- each and every talented player on the soliciting funds and donating their own dent, there is so much more to this 1998 Championship Wildcat team.∑ salaries, they raised $6,000 within a few story than wins and losses. f days. With these funds, the soldiers While the ’48 team was appropriately were able to open the doors of Lincoln known as the Fab Five, this year’s na- HONORING MORTANA MCCORMICK Institute on September 17, 1866. In 1869, tional champions will go down in Wild- ∑ Mr. ROCKEFELLER. Mr. President, I Lincoln began to receive $5,000 in aid cat history as maybe the most perfect rise today to speak to you on behalf of from the State of Missouri for teacher embodiment of the word ‘‘team’’ in the citizens of West Virginia. The West training. By 1940, Lincoln Institute had Kentucky’s legacy of excellence. Time Virginia Department of Culture and become Lincoln University and had after time when the odds seemed insur- History has named 1998 ‘‘The Year of evolved from a teacher training school mountable this team willed itself to the Quilt.’’ In the Appalachian Moun- to a full University offering Graduate victory. tain region, and particularly in the instruction. In each of the decades Lin- A quick review of the final three great state of West Virginia, the tradi- coln has continually added programs, games of this year’s tournament re- tion of native crafting, including quilt- expanded its facilities and opened its S2878 CONGRESSIONAL RECORD — SENATE March 31, 1998 doors to all applicants that meet its ture the pennant and the World Series ate completes its business today it entrance criteria. as well.∑ stand in adjournment until 10 a.m. on This past year the University has f Wednesday, April 1, and immediately come under the new leadership of Dr. following the prayer, the routine re- David Henson. Dr. Henson became the ORDER FOR STAR PRINT—S. 71 quests through the morning hour be seventeenth President of Lincoln on Mr. DOMENICI. Mr. President, I ask granted and the Senate resume consid- July 2, 1997. I am excited about con- unanimous consent that Senate bill 71 eration of Senate Concurrent Resolu- tinuing my close relationship with this be star printed with the changes that tion 86, the budget resolution. outstanding University by working are at the desk. The PRESIDING OFFICER. Without with Dr. Henson. He has held many The PRESIDING OFFICER. Without objection, it is so ordered. leadership positions during his 25 years objection, it is so ordered. f of higher education and I know he will f continue to strengthen the Univer- sity’s already impeccable reputation. MEASURE READ THE FIRST PROGRAM It is an honor for the entire State of TIME—S. 1889 Mr. DOMENICI. Tomorrow, the Sen- Missouri to have a University like Lin- Mr. DOMENICI. Under rule 14, I un- ate will resume consideration of the coln, whose service and character- derstand that Senate bill 1889 intro- budget resolution and, as under a pre- building programs, along with the new duced earlier today by Senator HARKIN vious unanimous consent agreement, guidance of Dr. Henson, will continue is at the desk, and I ask for its first at 12 noon the Senate will vote on or in down the road of success. I commend reading. relation to the Kyl amendment. A fur- Lincoln’s President, Dr. David Henson, The PRESIDING OFFICER. The ther vote will occur on or in relation to for his commitment to excellence and clerk will read the bill for the first the Conrad amendment, as previously hope for continued prosperity in the fu- time. stated, at 2 p.m. Several additional ture.∑ The legislative clerk read as follows: votes will hopefully be stacked to f A bill (S. 1889) to reduce tobacco use by occur in sequence at 2 p.m. following the Conrad vote. 1998 DETROIT TIGERS OPENING children and others through an increase in In addition, Members can anticipate DAY the cost of tobacco products, the imposition of advertising and marketing limitations, as- rollcall votes on a number of pending ∑ Mr. ABRAHAM. Mr. President, I suring appropriate tobacco industry over- amendments to the resolution and rise today to send my best wishes to sight, expanding the availability of tobacco other amendments which are expected the Detroit Tigers for a successful 1998 use cessation programs, and implementing a to be offered. Therefore, Members can season. This afternoon, on opening day, strong public health prevention and edu- anticipate a very busy day on floor ac- the Tigers will take the field for their cation strategy that involves the private sec- tor, schools, States, and local communities. tion. Also, the Senate may consider 97th year of play. Their opponents, the any executive or legislative business Mr. DOMENICI. I now ask for its sec- Tampa Bay Devil Rays, will be taking cleared for Senate action. ond reading and object to my own re- the field for their first regular season As a reminder to all Senators, the quest. game ever. first vote will occur at 12 noon tomor- The PRESIDING OFFICER. The bill I’m sure my colleagues from Florida row. will remain at the desk and have its are confident the Devil Rays are a fine Mr. LAUTENBERG. Before adjourn- next reading on the next legislative team who will fare well in today’s con- ing, I want to apologize to the pages day. test. However, I would like to remind for having kept them past 10 o’clock them the Devil Rays are facing one of f because it deprives them from going to the most storied and successful fran- UNANIMOUS CONSENT REQUEST— school tomorrow and I feel very badly chises in major league baseball history. CONFERENCE REPORT ON H.R. 1757 about that. Please accept my apolo- The Tigers will be playing for their gies. 7,623rd American League win while the Mr. DOMENICI. I ask unanimous Mr. DOMENICI. And we might add, Devil Rays will be going for number consent that it be in order for the ma- they feel badly also. one. jority leader, after the notification of The history of Tigers’ baseball in De- the Democratic leader, but not before f troit is replete with the names of cur- April 20 of 1998, to turn to the con- rent and future Hall of Famers like Ty ference report to accompany H.R. 1757, ADJOURNMENT UNTIL 10 A.M. Cobb, Charlie Gehringer, Hank Green- the State Department reorganization, TOMORROW berg, Hal Newhouser, George Kell, Al and it be considered under the follow- Mr. DOMENICI. Mr. President, if Kaline, Alan Trammell, Lou Whitaker, ing terms: The conference report be there is no further business to come be- Kirk Gibson, Sparky Anderson, and so considered as having been read and fore the Senate, I now ask unanimous forth. The Tigers have won sport’s there be 6 hours for debate to be equal- consent the Senate stand in adjourn- most cherished prize, the World Series, ly divided in the usual form, and fol- ment under the previous order. four times, having savored victory in lowing the conclusion or yielding back There being no objection, the Senate, the Fall Classic in 1935, 1945, 1968 and of time the Senate proceed to vote on at 10:02 p.m., adjourned until Wednes- 1984. adoption of the conference report with- day, April 1, 1998, at 10 a.m. I am hopeful the 1998 season will see out any intervening action or debate. f the Tigers among the ranks of the The PRESIDING OFFICER. Without major league’s elite teams where they objection, it is so ordered. NOMINATIONS belong. I, for one, will certainly be f Executive nominations received by watching the next 162 games with in- the Senate March 31, 1998: terest, hoping to see the Detroit Tigers ORDERS FOR WEDNESDAY, APRIL finish the season as champions of their 1, 1998 THE JUDICIARY new division, the American League Mr. DOMENICI. Mr. President, I ask NORA M. MANELLA, OF CALIFORNIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT Central, and from there go on to cap- unanimous consent that when the Sen- OF CALIFORNIA VICE MARIANA R. PFAELZER, RETIRED. March 31, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E525 EXTENSIONS OF REMARKS

THE FBI FAIRNESS TO APPEAL predominantly men, do. Also, FBI agents women who are on the front line in the bat- IMPROVEMENT ACT (FBI FAIR) should have the same MSPB appeal rights as tle against crime. federal law enforcement agents who work for Sincerely, ED BETHUNE. HON. FRANK R. WOLF the Bureau of Alcohol, Tobacco and Firearms, OF VIRGINIA Drug Enforcement Administration, Customs H.R. — IN THE HOUSE OF REPRESENTATIVES Service, and Border Patrol. Be it enacted by the Senate and House of Rep- As this legislation was considered in the resentatives of the United States of America in Tuesday, March 31, 1998 House in the 104th Congress the FBI raised Congress assembled, Mr. WOLF. Mr. Speaker, some Federal Bu- only one objection. The Bureau was con- SECTION 1. SHORT TITLE. reau of Investigation [FBI] special agents are cerned about MSPB decisions, in five cases, This Act may be cited as the ‘‘FBI Fair- accorded Merit System Protection Board that a federal agency could not sanction an ness to Appeal Improvement Act’’. [MSPB] appeal rights and others are not. This employee for making false statements to the SEC. 2. EXTENSION OF RIGHTS. discriminatory policy offends traditional notions agency regarding his or her alleged employ- (a) IN GENERAL.—Section 7511(b)(8) of title of fairness and should change. It is not fair ment-related misconduct. The Court of Ap- 5, United States Code, is amended by strik- that some agents receive MSPB appeal rights peals for the Federal Circuit affirmed the ing ‘‘the Federal Bureau of Investigation,’’. (b) EFFECTIVE DATE.—The amendment while others do not. MSPB policy. But on December 2, 1997, in made by this section shall apply with respect Because of my concern about this policy, the case LaChance v. Erickson, the Supreme to adverse personnel actions taking effect today I will introduce legislation, the FBI Fair- Court overturned the ``bad law'' established by after the end of the 45-day period beginning ness to Appeal Improvement Act, a copy of the Court of Appeals. The high court held that on the date of enactment of this Act. which appears at the end of my statement. the Fifth Amendment's Due Process Clause f This simple legislation would amend 5 U.S.C. and the Civil Service Reform Act do not pre- 7511(b)(8) by striking ``the Federal Bureau of clude a federal agency from sanctioning an PERSONAL EXPLANATION Investigation,'' thereby extending certain pro- employee for making false statements to the cedural and appeal rights with respect to cer- agency regarding his or her alleged employ- HON. CHARLES H. TAYLOR tain adverse personnel actions to all employ- ment-related misconduct. As a result, the one OF NORTH CAROLINA objection previously voiced by the FBI is no ees of the FBI. This legislation corrects the IN THE HOUSE OF REPRESENTATIVES current disparate treatment of nonveteran spe- longer applicable. cial agents regarding their ability to appeal ad- Mr. Speaker, there is no reason to maintain Tuesday, March 31, 1998 verse personnel actions and ensures the due the distinction between preference eligible vet- Mr. TAYLOR of North Carolina. Mr. Speak- process rights of all employees of the FBI. eran and nonveteran agents. All agents, er, on roll call vote 83, H.R. 2608, to protect Last Congress I introduced a bill, H.R. 2683, whether veterans or not, should be treated in individuals from having money involuntarily the Due Process for FBI Agents Act, with the a fair and equitable manner. The FBI has con- collected and used for political activities by a same language as the measure I am introduc- siderable experience with the MSPB process corporation or labor organization, I was re- ing today. This legislation in the 104th Con- available to veteran agents. I am not aware corded as voting ``no.'' It was my intention to gress was attached to H.R. 3841, the Omni- that there has been any particular abuse of vote ``yes,'' to require the written and voluntary bus Civil Service Reform Act of 1996 which the MSPB process by preference eligible consent from an employee or union member passed the House on September 27, 1996, agents. Likewise, I do not anticipate that ex- before using any portion of their dues or fees but did not become law. pansion of MSPB rights to all agents would be for the organization's political activity. Special agents of the FBI are loyal civil burdensome on the FBI. There is no room in f servants dedicated to protecting Americans the modern FBI for discriminatory personnel from the worst kinds of crime. Their jobs are policies; therefore, nonveteran agents should CONGRATULATIONS TO MAYOR J. difficult, demanding, and often dangerous. receive all the rights and enjoy all the privi- PETER KENDALL They are often transferred to posts far from leges accorded to their preference eligible vet- home which demands considerable sacrifice eran counterparts. HON. MARGE ROUKEMA by FBI families. FBI agents are on the front Mr. Speaker, I urge our colleagues to co- OF NEW JERSEY line of the fight against crime. The FBI sponsor this important legislation. I also urge IN THE HOUSE OF REPRESENTATIVES mottoÐfidelity, bravery, and integrityÐaccu- Congressman MICA, chairman of the House rately characterizes the manner in which Civil Service Subcommittee, to move this leg- Tuesday, March 31, 1998 agents approach their important work. islation as expeditiously as possible. Finally, I Mrs. ROUKEMA. Mr. Speaker, I rise to con- These duties are performed by all agents, include a copy of this bill and a letter from gratulate J. Peter Kendall, mayor of Oakland, veteran and nonveteran alike. However, these former Congressman Ed Bethune who rep- New Jersey, on being named 1998 Mayor of two categories of agents receive disparate resents the FBI Agents' Association in support the Year by the New Jersey Conference of treatment when charged with misconduct. Mili- of this legislation in the record immediately fol- Mayors in recognition of his many years of ex- tary veterans are permitted full due process lowing my statement. emplary public service. Mayor Kendall is one rights including the ability to appeal adverse ED BETHUNE & ASSOCIATES, of the finest municipal officials in the State of personnel actions to the MSPB. In other Washington, DC, March 31, 1998. New Jersey and this honor is certainly well de- words, veteran agents, who are in the ex- Hon. FRANK WOLF, served. From serving as the town Santa cepted service, receive the same due process U.S. House of Representatives, Washington, DC. Clause each Christmas to using his business DEAR CONGRESSMAN: The FBI Agents Asso- rights that employees in the competitive serv- ciation, a non-governmental professional as- expertise to stabilize taxes, he is the very es- ice receive. sociation, represents over 8000 active duty sence of a public servant who finds no job too Nonveteran agents, also members of the FBI Special Agents. The association strongly large or too small to receive his complete at- excepted service, do not. This means that a supports your effort to extend Merit System tention. veteran agent will receive an outside, inde- Protection Board appeal rights to all agents. Mayor Kendall and I have worked together pendent, objective review of his/her case while As General Counsel for the association I on many local projects over the years and he a nonveteran agent will not. Is this fair? I can tell you that the support for this reform has always provided me with good counsel maintain that it is not. Furthermore, female is virtually unanimous among rank and file and authoritative information. One of the most agents. special agents are particularly hit hard by this The association will be working to help prominent projects in recent years has been policy because few have served in the military; you pass this much needed reform in this the Ramapo River at Oakland Flood Control thus they are not eligible to receive the MSPB session of Congress. Again, thanks for your Project. Oakland has been plagued by dev- appeal rights that veteran agents, who are tireless efforts on behalf of the men and astating floods 15 times in the past 24 years.

∑ 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. E526 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 1998 From the beginning, I was deeply impressed home are exemplary. I wish to add the rec- programs being undertaken by Iran, North at how hard Mayor Kendall fought to spare his ognition of the United States House of Rep- Korea and other regional threats. municipality's residents from enduring this resentatives to that which he has received I believe that passage of this bill is vital to hardship again. With his guidance, we have from the New Jersey Conference of Mayors. U.S. security and interests in the Middle East, this year secured the first $2.5 million of the f and I urge my colleague to support its pas- total $7 million in federal funds necessary for sage. this much-needed project. THEATER MISSILE DEFENSE f Mayor Kendall has brought a strong, suc- IMPROVEMENT ACT OF 1998 cessful business experience to benefit Oak- CAMPAIGN REFORM AND SPEECH OF land and the whole of Bergen County. Born in ELECTION INTEGRITY ACT OF 1998 Seattle, he is a graduate of Long Island Uni- HON. KEN BENTSEN SPEECH OF versity's CW Post College. He spent 35 years OF TEXAS as a manufacturing executive, as director of IN THE HOUSE OF REPRESENTATIVES HON. JIM KOLBE business systems and planning at Smiths In- Monday, March 30, 1998 OF ARIZONA dustries and vice president of manufacturing IN THE HOUSE OF REPRESENTATIVES Mr. BENTSEN. Mr. Speaker, I rise today in at Phillips Electronic Instruments. He owns Monday, March 30, 1998 Creative Systems Consulting Co., which helps support of this legislation, the Theater Missile design and install computerized manufacturing Defense Improvement Act (TMD), H.R. 2786. Mr. KOLBE. Mr. Speaker, the American systems, and is executive director of the Ber- I strongly support this legislation to provide people must think this debate is quite dis- gen County Workforce Investment Board. As additional funding to rapidly improve U.S. the- ingenuous. They recognize that all our discus- executive director, he supervises all work- ater missile defense programs. The need for sion about campaign reform is to take the de- force-training activities in the county. this legislation is clear. Last year, U.S. and bate away from the real problemsÐthat some Kendall's career in elected office began in Israel intelligence reports revealed that Russia people broke the campaign laws. They took 1985, when he was elected to the Oakland engaged in a transfer of missile technology to money from foreign interests; that is illegal Borough Council. He served seven years as a Iran. An unclassified CIA report to Congress under current law. They solicited money in councilman, during which time he was elected released in June, 1997 confirmed that Russia government offices; that is illegal under cur- Council President four times. He was elected supplied a variety of ballistic missile-goods to rent law. They sold access and privileges to mayor in 1992 and is currently in his second foreign countries including Iran. These mis- high government officials; that is illegal under four-year term. siles have an expected range of 1,300 to current law. Apparently, those people think if As Mayor, Kendall has held borough prop- 2,000 kilometers within the range of Israel, they talk ever more loudly about reforming the erty tax increases to less than 1 percent per Turkey, Saudi Arabia and 200,000 American system, the American people will forget that year. He has reduced the borough staff by six military and civilian personnel. they broke the laws we already have. positions and directed an $8 million improve- In response to this threat, last year the But no matter what brings us to this debate ment in the town's water supply system with- House passed legislation, H.R. 2709, to deter today, I think this billÐand the other three bills out increasing water usage fees. Open space Russian assistance to Iran's missile program which make narrower reformsÐdoes make was increased to 20 percent of the borough's by imposing sanctions on foreign companies some needed reforms. And I don't apologize land area using a $3 million grant-loan pack- that assist its missile development. However, that I am voting for partial reform because we age he arranged with the State. He has in the six months since the passage of H.R. can't get agreement on everything. If I have a worked to improve roads and recreation facili- 2709, Iran has successfully tested a medium toothache and a backache, I don't mind fixing ties and to upgrade equipment and facilities range missile engine, and North Korea and the toothache even if that doesn't cure the for both the Fire Department and the first-aid Iraq have continued to expand their missile backache. organization. In 1995, he organized the First capabilities. In addition, in the six years since Much has been said about illegal foreign Night Oakland New Year's Eve celebration to 28 soldiers lost their lives in a SCUD attack in money. Accepting money from foreign inter- mark the town's 300th anniversary, beginning Dharan, Saudi Arabia, the U.S. still has not ests has always been illegal. But I agree with a new annual tradition. developed the ability to readily deploy de- taking this further step to say that only those One of Mayor Kendall's most-appreciated fenses against sophisticated missile threats. who are American citizens can give to the po- accomplishments was the construction of the The existing TMD systems were designed to litical candidates that only they can vote to new Oakland Senior Citizens Center, which repel older threats and have only limited capa- elect. And if we are concerned that non citi- opened in 1991. Widely regarded as one of bilities against the newest generation of more zens are voting, let's give our local election of- the finest seniors' facilities in Bergen County, capable missile systems. ficials the ability to confirm that those who reg- the project began in 1988 when Mayor Kendall While I fully respect the goals of the Nunn ister are indeed citizens. Let the registrant obtained a $150,000 grant from a local devel- Lugar Cooperative Threat Reduction Program, check a box affirming that he or she is a citi- oper. He then led a $1 million fund-raising which has provided assistance to Russia and zen. That's neither discriminatory nor onerous. drive that resulted in the opening of the new other republics in dismantling and limiting the My campaign committee tells me the new center. This facility has served countless indi- proliferation of nuclear weapons in the former reporting requirements will be more difficult to viduals and is a center of community life for Soviet Union, I am concerned that the third comply with, but I support them. One of my older residents of Oakland. It is a source of goal of this important program has been com- contentions all along has been that more dis- civic pride for all Oakland families. promised. The third goal was to prevent the closure is good for open honest campaigns. In every way, Mayor Kendall has brought diversion of nuclear technology from the The very best campaign finance reform is that the people of Oakland together as a commu- former Soviet republics to rogue states. The which focuses on letting more sunshine into nity and as a family. Israeli and U.S. intelligence reports confirm the process. Mayor Kendall is an active member of the that Russia has violated the terms of the Nunn I strongly support the provision that requires Northwest Bergen Mayors Association, the Lugar agreement, and I believe the rapid de- unions or corporations to get permission from New Jersey Conference of Mayors, the Ber- velopment of a deployable TMD system is their employees before they use their workers' gen County League of Municipalities and the needed to secure the interests of the United dues to support candidates. According to poll- New Jersey League of Municipalities. He has States and its allies, especially Israel, in the ing data, so do about three/fourths of the also served with the Lions Club, Knights of Middle East. union members. Asking a union member for Columbus and the Rotary Club. He is also an The bill authorizes the Secretary of Defense written permission to spend their hard earned assistant scoutmaster. He and his wife, to identify actions the Defense Department dues dollars to support candidates cannot Frances, will have been married 36 years this could take to counter the threats enhanced possibly be construed as denying workers July and have three sonsÐJohn, Mark and missile programs pose to the United States, their rights. They can agree with letting the Sean, John and his wife, Carla, have two establish cooperative measures between union leadership make decisions about whom sons, Christopher and Peter, while Mark and Israel and the United States to protect Israel they support or they can keep it to spend as his wife, Rose, have three children, Biancia, against such threats, and develop a program they wish. It gives them power over their own Dalton and Madisyn. to counter such threats within the next one or earnings; it does not deny them any right. Peter Kendall is a hard-working, dedicated two years. In addition, it would provide funding The underlying reform bill allows middle public servant. His efforts to improve the qual- to ensure that the capabilities of U.S. TMD class candidates to run for office against mil- ity of life in the community that has been his systems keep pace with missile development lionaires by removing party and individuals March 31, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E527 contribution limits so that parties can match a to care for the notified patientsÐbut the De- ers are forced to receive final medical deci- wealthy candidate's personal spending that partment was not fully equipped to do the job. sions from health plans that hold a financial in- goes beyond an individual contribution limit. As a result, some of the most severely dis- terest in denying care. No longer will the millionaire have a nearly in- abled fell through the cracks and were lost to In an article published on March 3, 1998, surmountable advantage. treatment. U.S. News explores this risk in some details. This bill increases individual contribution lim- Beyond continuity of care, the Patients' Bill The article discusses the experience of Dr. its to $2000 for a candidate for federal office. of Rights would boost consumer confidence in Linda Peeno, who worked as an HMO's medi- It does not increase PAC contribution limits. It HMOs with a simple requirement that health cal directorÐthe person who must ultimately bans soft money for federal parties and also plans provide a list of contracted providers approve or reject requests for care. ``The deci- for state parties in those cases where they are and their qualifications on request and that en- sion [to approve a voice machine for a plan joint federal and state elections. rollees be able to choose among the providers beneficiaryÐa young woman who suffered a Certain reforms I support are not here; I who serve the plan members. This require- usually-fatal brain stem stroke] is now mine, favor a requirement that candidates must raise ment would apply to mental health providers if and I feel the pressure to find a way to say half of their campaign funds in their own state. the plan offers mental health and substance no'', Dr. Peeno is quoted as saying. She went I support lowering PAC contribution limits to abuse services. on to add, ``If I cannot pronounce it medically match the amount an individual can give. But Today, consumers in managed care plans unnecessary, then I have to find a different the fact these items are missing does not are not commonly given a list of the mental way to interpret our medical guidelines or the mean I can't support the good things that are health providers in their own plans. When en- contract language in order to deny the re- here. rollees call to seek psychiatric care, they are quest.'' Unhappy with her role as a medical Mr. Speaker, this is a good package of bills often required to reveal confidential informa- care denier, Dr. Peeno left the industry in which makes some much needed reforms. I tion about themselves over the phone to a 1991. am pleased to support each of them. ``triage'' staffer whom they don't knowÐand Mr. Speaker, mental health and substance f who may have no formal mental health train- abuse is probably the area where managed ing. The staffer then generally gives the caller care has the most serious problems. We need MANAGED CARE AND MENTAL names of one or two mental health profes- an entire bill devoted to addressing these spe- HEALTH: WHY THE PATIENTS’ sionals who are selected on the basis of zip cial problemsÐbut the bill I am cosponsoring BILL OF RIGHTS IS IMPORTANT codeÐnot based on an assessment of the in- today is a good beginning on these problems. dividual's need for a particular type of care. In the coming weeks, I will be introducing sep- HON. FORTNEY PETE STARK In an article published on May 6, 1997, The arate legislation to deal with the unaddressed OF CALIFORNIA Washington Post questions whether zip code mental health and substance abuse consumer IN THE HOUSE OF REPRESENTATIVES referrals produce good patient care results. issues. In the meantime, we should not delay The article discusses the experience of Mark Tuesday, March 31, 1998 in passing the important protections contained Hudson, who worked for a Blue Cross/Blue in the Dingell-Gephardt-Kennedy bill. Mr. STARK. Mr. Speaker, I am proud to join Shield plan as a telephone referral assistant in f today with my colleagues to urge support for Massachusetts from 1992 to 1995. ``I did the passing the Patients' Bill of Rights Act of diagnosis and approval'' for 80±100 calls a HONORING OUR DESERVING 1998, a bill that would give millions of Ameri- day for plan subscribers, Hudson is quoted as VETERANS cans enrolled in managed care plans a meas- saying. He routinely made referrals to two ure of control over the quality of care they re- therapists located in the town where the call- HON. RON PACKARD ceive. ers lived, regardless of the medical needs they OF CALIFORNIA For consumers of mental health and sub- described. Hudson has no mental health train- IN THE HOUSE OF REPRESENTATIVES stance abuse benefitsÐwhich are often arbi- ing, and says Blue Cross officials specifically Tuesday, March 31, 1998 trarily capped at a particular dollar levelÐthis instructed him not to provide enrollees with the bill contains key quality provisions. It provides names of other approved therapists. Mr. PACKARD. Mr. Speaker, I rise today to for continuity of care, access to specialists, Mr. Speaker, this makes no sense at all. identify an inequity that has gone unresolved choice of specialist, enables exceptions from Consumers who need mental health services for too long. This inequity currently exists in overly restrictive drug formularies, and pro- should have the same freedom to select from the process of honoring our veterans in the vides for an independent external appeals a full panel of providers just as those seeking Navy and Marine Corps who served our nation process. physical care typically can. The Patient Bill of from 1943 to 1961. These proud men and The bill will guarantee that consumers can Rights would help equalize this unfair practice. women deserve to be recognized in the same continue seeing their providers for 90 days Access to appropriate prescription drugs for fashion as their counterparts in the other serv- after they change plans if they are in the mid- psychiatric disorders is another paramount ice branches. dle of a course of treatment. For those with issue. In a 1997 survey, the National Alliance The Navy Combat Action Ribbon is awarded psychiatric disabilities, this continuity of care for the Mentally Ill found that five of the na- to Navy and Marine Corps personnel based provision is critically important, since studies tion's largest behavioral health care compa- upon active participation in ground or surface show that a sudden change of doctors for pa- nies failed to provide access to breakthrough combat beginning March 1, 1961. The equiva- tients with serious psychiatric disorders can antipsychotic medications. Yet for serious dis- lent Army award, the Combat Infantry Badge, result in devastating setbacks. orders such as schizophrenia, older medica- has been given to Army personnel since July The abrupt termination of psychiatric serv- tions may give only partial relief, and have far 4, 1943. Why should this unfair discrepancy ices to thousands of Los Angeles County more serious side effects. stand? Medi-Cal beneficiaries last year illustrates this There is a requirement in many managed H.R. 543, a bill introduced by Rep. MICHAEL point well. care plans that psychiatrists must first docu- MCNULTY, would erase the imbalance between Last year, the California State Department ment two failures of older medications before the eligibility date requirements of the Navy of Health contracted with Foundation Health to a new one can be approved. Such policies are Combat Action Ribbon and its counterparts in provide comprehensive medical services to its penny wise and pound foolish, since patients the other service branches. H.R. 543 provides Medi-Cal population in Los Angeles. In turn, suffering severe side effects from these some- for an award of the Navy Combat Action Rib- Foundation subcontracted out the provision of times-outdated drugs can easily wind up need- bon to Navy and Marine Corps personnel dur- psychiatric services to MCC Behavioral Health ing hospitalization. Obviously, this can also re- ing the period between July 4, 1943, and Care. When MCC's contract ended, it notified sult in suboptimal psychiatric care. March 1, 1961. 5,000 enrollees that their mental health serv- By requiring an exception process to the Mr. Speaker, I believe we must pass H.R. ices would be terminated in two weeks. drug formularies often used by plans and by 543 to correct the inequality in how we honor All were undergoing a course of psychiatric allowing access to the external appeals proc- our veterans. As the current award process treatment, and many suffered from severe ess, the bill will allow mental health patients to stands a large segment of the veterans' popu- psychiatric disorders, such as schizophrenia, have stronger protection than they do today. lation is being excluded from proper recogni- bipolar disorder, or major depression. Most The external appeals process required by this tion for the dedication and sacrifice they were not fully fluent in English. A full-blown bill offers an additional important level of pro- proudly made for our country. By passing H.R. crisis was averted when the Los Angeles tection for consumers of mental health and 543 we would rightfully honor those who County Department of Mental Health offered substance abuse services. Without it, consum- bravely served our nation. E528 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 1998 BEST WISHES TO J.J.! tended the University of Alabama in Tusca- rollcall 77, 78, and 80; ``no'' on rollcall 79; and loosa. Born and bred in London, she was not ``nay'' on rollcall 81. HON. BOB FILNER at all sure about moving to this southern state. f But, as she has so often in her life, Doreen OF CALIFORNIA PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES Brogden summoned the grace and pluck in- stilled in her at the Skinner School for Girls in Tuesday, March 31, 1998 Stamford Hill, and approached change with HON. BILL REDMOND Mr. FILNER. Mr. Speaker, I rise today to open arms. Upon arriving in Alabama, Mrs. OF NEW MEXICO offer my best wishes to a very well-loved Brogden found employment with a local attor- IN THE HOUSE OF REPRESENTATIVES member of the San Diego Community: J.J. the ney, Mr. Gordon Rosen, and began to learn Tuesday, March 31, 1998 Gray Whale. the ways of the Bar. On September 1, 1968, Mr. REDMOND. Mr. Speaker, I was un- When J.J. was stranded on a beach more she joined the staff of the University of Ala- avoidably detained on Roll Call No. 19 and than a year ago, she was not expected to sur- bama School of Law as secretary to Dean had I been present I would have voted ``No.'' vive her journey to Sea World, San Diego. But Daniel J. Meador. She served under two sub- f survive she did. She was a mere 1,670 sequent deans, Thomas L. Jones and Thomas pounds and 13 feet, 10 inches long when she W. Christopher, before becoming the school's ILLEGAL FOREIGN was saved. She has grown more than 10- Law Publications Coordinator in 1984. In this CONTRIBUTIONS ACT OF 1998 foldÐto 18,200 pounds, about the weight of capacity, Doreen Brogden has served as sage SPEECH OF six Buick Skylarks, and is 30 feet long. and assistant to over a generation of student Today, J.J. is scheduled to be released editors on the staffs of the Alabama Law Re- HON. SHEILA JACKSON-LEE back to the Pacific Ocean to join other gray view, The Journal of the Legal Profession, the OF TEXAS whales migrating north from Baja California to Law and Psychology Review, and the Amer- IN THE HOUSE OF REPRESENTATIVES Alaska. Her recovery has been monitored by ican Journal of Tax Policy. Monday, March 30, 1998 children around the country and I join them in Over the years, Mrs. Brogden has worked Ms. JACKSON-LEE of Texas. Mr. Speaker, wishing J.J. a successful transition back to the tirelessly to better the law school she calls I rise in opposition to the Illegal Foreign Con- ocean and a safe journey. home. At the same time, she has been a lov- tributions Act legislation that unfairly targets J.J. was named after Judy Jones, who died ing wife to her husband Harold and a devoted Legal Permanent Residents by restricting their after a life dedicated to rescuing sea lions. mother to their son Gregg, who was born in right to participate in political activities. Specifi- Scores of veterinarians, animal-care special- 1966. You will see pictures of both promi- cally, this legislation bans campaign contribu- ists, research scientists and animal trainers nently displayed in her office at the law school tions by Legal Permanent Residents. showed similar dedication in saving J.J. and among those of her favorite students and fac- This legislation is patently unconstitutional. preparing her for release. Over the past year, ulty members throughout the yearsÐof which Legal Permanent Residents are like citizens in they have nursed her from a malnourished there are many. Yet no picture is more promi- many ways: they work, they pay taxes, they and dehydrated near-death state, taught her to nently displayed than that of Gregg and his can get drafted into the military, and they con- eat from the bottom of her poolÐsimilar to the wife Lyric, whom he married in 1993. tribute to our economy and our society. Most way whales eat from the ocean bottomÐand When you meet Doreen Brogden for the first importantly, the Courts have consistently held taught her to vocalize and recognize other time, she will tell you that she lives by the that Legal Permanent Residents enjoy the gray whale sounds. creed her mother taught her in England: ``I same First Amendments rights as do United Her rescue and upcoming release are his- bow down to God only, the rest of us are States citizens. To silence legal residents in toricÐit marks the first time that an orphaned equal.'' She is as good as her word. From the arena of political speech goes against the gray whale has been raised by humans and deans to law students, Doreen Brogden treats most basic principles of our democracy. released back into the wild. The Coast Guard, them all alike: as peers when they deserve it, The Supreme Court established in Buckley U.S. Navy, San Diego Police and Hubbs-Sea as friends if they can earn it, and, above all v. Valeo that campaign contributions are ``po- World Research Institute are handling the else, as her own children. Mrs. Brogden is an litical speech'', and therefore protected under daunting logistics of her release. exemplary Alabamian who has earned the re- the First Amendment. Political contributions J.J.'s life thus far has provided a wealth of spect and gratitude of a countless number of are one of the ways that like-minded individ- scientific discoveries about gray whales. Her Alabama law students. She is particularly uals associate in furtherance of common ob- release provides a chance for her to live with treasured by the staff of the Alabama Law Re- jectives. Under Buckley and subsequent other gray whales. I ask you to join me and view, where she has guided countless Manag- cases, any law which limits expenditures or the literally thousands of people cheering for ing Boards through the trials and tribulations completely prohibits campaign contributions J.J. in extending our thoughts and good wish- of producing three issues a year. from particular persons presumptively violates es for her successful journey back to the wild. As we approach the 30th anniversary of her the First Amendment. Regardless of whether f joining the University of Alabama School of each of us agrees with or likes the decision in Law, I seek to honor this special woman. We Buckley, it is the law and the court's constitu- TRIBUTE TO MRS. DOREEN are grateful that she found her way to our SILVERMAN BROGDEN tional analysis applies whether the person state, a state she loves as much as any na- making the expenditure is a citizen or a Legal- tive-born citizen. But Alabama cannot claim all ized Permanent Resident. Mr. Speaker, I have HON. ROBERT E. (BUD) CRAMER, JR. of Doreen Silverman Brogden. She is truly an here in my hand a letter authored by nearly OF ALABAMA international individual, and she exemplifies a 100 law professors stating that a ban on cam- IN THE HOUSE OF REPRESENTATIVES goodness that knows no boundaries. Mr. paign contributions by Legal Permanent Resi- Tuesday, March 31, 1998 Speaker, I join today with her many friends dents would violate their First Amendments and admirers at the law school in thanking Do- Rights. Mr. CRAMER. Mr. Speaker, I rise today to reen Brogden for her life of service and her honor Mrs. Doreen Silverman Brogden, a I hope that my colleagues will think carefully heart of gold. before casting a vote tonight on this legisla- woman who is a credit to our nation, the state f of Alabama, and my alma mater, the Univer- tion. I hope that they will vote to support the sity of Alabama School of Law, where she has PERSONAL EXPLANATION constitutional rights of our nation's Legal Per- been employed for the past 30 years. manent Residents. Doreen Silverman was born in England dur- HON. JOHN COOKSEY f ing the War. In 1957 she traveled to the OF LOUISIANA CAMPAIGN FINANCE REFORM United States to live with her aunt and uncle IN THE HOUSE OF REPRESENTATIVES in Brooklyn, New York. One year later, at a HON. RON KIND dance in the city, she met a young American Tuesday, March 31, 1998 OF WISCONSIN serviceman named Harold Brogden. Eight Mr. COOKSEY. Mr. Speaker, unfortunately, IN THE HOUSE OF REPRESENTATIVES months later, on December 29, 1958, they I was not present to record votes on rollcall were married. votes No. 76, 77, 78, 79, 80, 81, 82, 83 and Tuesday, March 31, 1998 In 1961 Mrs. Brogden moved with Harold 84. Had I been present I would have voted Mr. KIND. Mr. Speaker, today I want to put back to his native Alabama, where he at- ``yea'' on rollcall 76, 82, 83 and 84; ``aye'' on the leadership on notice that the need for March 31, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E529 campaign finance reform did not end last dustry and the legitimate law enforcement and PERSONAL EXPLANATION night. Our campaign finance system is broken international security needs of the American and something must be done to take the influ- people. I respectfully request that you support HON. JIM McDERMOTT ence of big money out of the process. The in- a balanced encryption policy and oppose H.R. OF WASHINGTON cremental bills we passed last night did noth- 695. IN THE HOUSE OF REPRESENTATIVES ing to address the fundamental problems in Tuesday, March 31, 1998 the system. f Until we do more, campaigns will continue Mr. MCDERMOTT. Mr. Speaker, I was trav- to be dominated by soft money, independent FOREST RECOVERY AND eling with the President in Africa Friday, March expenditures and pressure on candidates to PROTECTION ACT OF 1998 27, 1998, and was unable to vote. I would raise more money to combat these groups. have voted in favor of the Boehlert amend- ment to H.R. 2515 (Rollcall No. 79). I would There are a number of bipartisan campaign SPEECH OF have voted against H.R. 2515 (Rollcall No. reform bills that begin to address these prob- 80). lems, the Shays-Meehan bill, and the Biparti- HON. MICHAEL P. FORBES f san Campaign Integrity Act both would reduce OF NEW YORK the influence of big money in politics. The IN THE HOUSE OF REPRESENTATIVES COMMEMORATING 100 YEARS OF House must be given the opportunity to vote RELATIONS BETWEEN THE PEO- on these bills. Friday, March 27, 1998 PLE OF THE UNITED STATES The partisan tricks that the leadership used AND THE PEOPLE OF THE PHIL- last night were are sham and a fraud on the The House in Committee of the Whole IPPINES, H. RES. 404 people of this nation. The leadership should in House on the State of the Union had under consideration the bill (H.R. 2515) to address no way assume that they made good on their declining health of forests on Federal lands HON. BENJAMIN A. GILMAN promise to allow a vote on campaign finance in the United States through a program of OF NEW YORK reform. Until we have an open, honest vote on recovery and protection consistent with the IN THE HOUSE OF REPRESENTATIVES campaign finance reform I will not end my ef- requirements of existing public land manage- Tuesday, March 31, 1998 forts to force that vote. The people of my dis- ment and environmental laws, to establish a trict did not send me here to accept ``no'' as program to inventory, monitor, and analyze Mr. GILMAN. Mr. Speaker, I am proud to in- an answer. public and private forests and their re- troduce today a Resolution commemorating sources, and for other purposes: f 100 years of relations between the people of Mr. FORBES. Mr. Chairman, I know all too the United States and the people of the Phil- AMERICA’S POLICE OPPOSE THE well how valuable our Nation's forests are, be- ippines. It is right and fitting that the House of SAFE ACT (H.R. 695) cause in Eastern Long Island we have lost to Representatives makes note of the special re- development hundreds of thousands of acres lationship that the United States and the Phil- HON. GERALD B.H. SOLOMON of pine barrens that protect and filter the water ippines have shared for nearly a century. The beginning of our country's relationship OF NEW YORK that settles into the sole source aquifer that with the Philippines in 1898 also marked the IN THE HOUSE OF REPRESENTATIVES holds our drinking water. beginning of our great interest in the Pacific Tuesday, March 31, 1998 The Forest Recovery and Protection Act and the development of strong, robust histori- Mr. SOLOMON. Mr. Speaker, the National (H.R. 2515) before us today would sacrifice cal and cultural ties between the Philippines Sheriffs' Association, the Association of Chiefs the public benefits of our forests like water and the United States. To its credit, the Phil- of Police, the District Attorneys' Association, quality, wildlife habitat and recreation and in- ippines has modeled its governmental institu- and The National Association of Attorneys stead promote clear cutting in our last remain- tions of those of the United States and they General all oppose H.R. 695 (The SAFE ing unspoiled wild forests. share our commitment to democracy, human ACT). The members of these organizations Instead, we should be building on recent rights and free market economics. are planning to visit with Members of Con- Forest Service efforts to study and protect Though the United States and the Phil- ippines are literally an ocean apart, the large gress this Spring to urge opposition to the these vanishing roadless areas. Philippine-American community, numbering SAFE ACT. When the studies are done and the facts over 2 million, has immeasurably enriched the The Justice Department found that the bill are in, only then should we decide what to do social and cultural fabric of the United States would ``severely compromise law enforce- about the practice of commercial logging on and serves as a sturdy bridge of friendship be- ment's ability to protect the American people public lands. tween the two countries. from the threats posed by terrorists, organized The Forest Recovery and Protection Act Until the end of the Cold War, the United crime, child pornographers . . . and other (H.R. 2515) before us today pretends to be States maintained major military facilities in criminals,'' the President will veto the bill if it about a ``forest health crisis;'' in fact, the only the Philippines which played a significant role is presented to him in its current form. crisis in our National Forests has been caused in the maintenance of regional peace and sta- The so called SAFE ACT (H.R. 695) pre- by excessive road building and destructive bility. The United States has important strate- sents an extremely one-sided response to the loggingÐa practice that would continue under gic, economic and political interests at stake in encryption issue. The bill was drafted by and this legislation if it is passed today. Southeast Asia and in maintaining stability re- for the software industry, at the expense of the The Leach-McKinney bill that I am an origi- mains an overriding U.S. security concern in national security and public safety needs of nal sponsor of would put an end to decades the region. To this end, Filipino soldiers have the American people. of forest management for the benefit of timber stood shoulder to shoulder with American In an editorial, The Washington Post de- industry profits and instead protect the public troops on the battlefields of World War II, clared that ``the real question is whether you benefits of our forests like watershed protec- Korea, and Vietnam to protect and advance believe this stuff poses a significant national tion and recreation. these mutual interests. Today, the Philippines security threat in the wrong hands. If you doÐ The Forest Recovery and Protection Act remains an important partner and ally in and we think it irresponsible to assume other- guarding the peace and maintaining stability in wiseÐthen it's not enough to declare (H.R. 2515) would steal money from environ- mental restoration and roads maintenance Southeast Asia. uncrackable privacy a civil right. You have to The United States is pleased with the flour- at least address the question of how to mini- programs and put it into a new slush fund to promote clear cutting programs. ishing of democracy in the Philippines. It is mize intrusion into that right while preserving hoped that the Philippines will serve as an ex- some ability to grapple with the potential dan- It specifically directs the government to ig- ample to others in the region and will encour- ger.'' nore the costs to taxpayers of the clear cutting age progress in the furthering of democratic The SAFE ACT (H.R. 695) is an unaccept- programs in this bill. principles and practices, respect for human able, unbalanced solution to the critical issue Money that now goes to promote irrespon- rights, and the enhancement of the rule of law. of encryption. it is imperative that the provi- sible logging through Forest Service slush The Philippines and the United States are sions included by the National Security Com- funds, should instead be put into environ- increasingly important trading partners provid- mittee and the Intelligence Committee be in- mental restoration and job training programs ing the United States with significant commer- corporated into the Goodlatte bill in order to to create sustainable local economies, no cial opportunities. The Philippines is the twen- effect a compromise between the needs of in- longer based on environmental destruction. ty-first largest trading partner of the United E530 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 1998 States and constitutes a large market for U.S. IN HONOR OF FRANKLIN PERRY during which the Small Business Committee exports. I am confident that despite current GOULD’S 90TH BIRTHDAY was a permanent select committee, from 1971 economic uncertainties, the Philippines will to 1975. weather the troubles plaguing Asia and HON. JAY W. JOHNSON Tom earned law degrees from both Drake University in his native Des Moines, Iowa and emerge even stronger than before. OF WISCONSIN New York University in New York City. He The Congress looks forward to a broaden- IN THE HOUSE OF REPRESENTATIVES ing and deepening of friendship and coopera- served as legal counsel to the Iowa General tion with the Philippines in the years ahead for Tuesday, March 31, 1998 Assembly and Polk County, Iowa before com- the mutual benefit of the peoples of the United Mr. JOHNSON of Wisconsin. Mr. Speaker, I ing to Washington in 1971. States and the Philippines. rise today to honor Franklin Perry Gould of He served as subcommittee counsel to our colleague, Hon. JOHN DINGELL, and then coun- I am pleased to have this opportunity to in- Crivitz, Wisconsin on the occasion of his 90th sel to the full committee under Chairmen Joe troduce this legislation and I invite my col- birthday. L. Evins and Tom Steed. In 1977, Tom be- leagues in the House of Representatives to Mr. Gould was born on April 21, 1908 in Marinette, Wisconsin. His father, B.P. Gould, came the Committee's General Counsel, serv- support this Resolution commemorating the ing in that capacity under Chairmen Neal distinctive ties between the people of these operated a logging camp in the white pine for- ests of northern Wisconsin, a thriving busi- Smith and Parren Mitchell. Tom continued to two great nations. serve as my senior counsel from 1987 until re- I insert the entire text of this resolution in ness. Mr. Gould attended Crivitz High School, where he played basketball and graduated as cently when I resigned my ranking minority po- the RECORD. sition on the Small Business Committee to as- Valedictorian in 1928. H. RES. 404 Despite the hardship of the Great Depres- sume that position on the Banking and Finan- cial Services Committee. Whereas 1998 marks 100 years of special sion, Mr. Gould was able to attend Carroll Col- Tom's encyclopedic knowledge of small ties between the people of the United States lege in Waukesha, Wisconsin, and there he business issues and of Small Business Admin- and the people of the Philippines and is also received his undergraduate degree in 1932. the centennial celebration of Philippine istration programs and legislation is legendary. independence from Spain which initiated re- After college, he returned to Crivitz and start- Our friend, Representative Neal Smith, who lations with the United States; ed a business as a land surveyor. served so honorably in this House for 36 Whereas the people of the Philippines have In his long career, Mr. Gould served as the years and was the father of many of those on many occasions demonstrated their charter president of the Wisconsin Land Sur- programs, remarked in his recent book, Mr. strong commitment to democratic principles veyors, which was organized in 1956. He also Smith Went to Washington, that Tom was the and practices, the free exchange of views on served as the president of the Wisconsin expert in the country on SBA programs. In matters of public concern, and the develop- Towns Association, Chairman of the Town of ment of a strong civil society; keeping with the Small Business Committee's Stephenson, and as a member of the long tradition of operating in the most biparti- Whereas the Philippines has embraced eco- Marinette County Board for 12 years. nomic reform and free market principles san and cooperative spirit possible, Tom made and, despite current challenging cir- During World War II, Mr. Gould moved his his expertise available to all Members on both cumstances, its economy has registered sig- family to Sturgeon Bay, Wisconsin, where he sides of the aisle and to their staffs; and the nificant economic growth in recent years helped the war effort by building ships. respect which Members on opposite sides of benefiting the lives of the people of the Phil- After retiring from land surveying, Mr. Gould an issue shared for Tom's knowledge and ippines; worked with his son, Donald Franklin, as a judgment was often decisive in our fashioning Whereas the large Philippine-American home builder. Even in retirement, Mr. Gould a workable compromise. Similarly, Tom used community has immeasurably enriched the still visits home building sites whenever pos- his technical skills and talent for negotiation in fabric of American society and culture; sible. Whereas Filipino soldiers fought shoulder countless instances to resolve legislative and Everyone who has the pleasure to know Mr. other disagreements between the House and to shoulder with American troops on the bat- Gould agrees he is a kind and noble gen- tlefields of World War II, Korea, and Viet- Senate or between the Congress and the Ex- nam; tleman who has no equal when it comes to ecutive Branch. Whereas the Philippines is an increasingly honesty, integrity and perseverance. Today we Tom has been deeply involved in virtually all important trading partner of the United pay tribute to him for all he has given to his small business legislation in the last quarter States as well as the recipient of significant family, his friends and his community for these century. Of course, SBA's authorizing legisla- direct American investment; 90 years. tion has been a primary focus of his respon- Whereas the United States relies on the f sibilities over the years. But Tom also suc- Philippines as a partner and treaty ally in cessfully shepherded the enabling legislation THE RETIREMENT OF THOMAS G. fostering regional stability, enhancing pros- for all three White House Conference on Small perity, and promoting peace and democracy; POWERS and Business (1980, 1986, and 1995), the original Whereas the 100th anniversary of relations Regulatory Flexibility Act, the Prompt Payment between the people of the United States and HON. JOHN J. LaFALCE Act, the Equal Access to Justice Act and fed- the people of the Philippines offers an oppor- OF NEW YORK eral procurement reform legislation, in addition tunity for the United States and the Phil- IN THE HOUSE OF REPRESENTATIVES to legislation establishing the nationwide Small ippines to renew their commitment to inter- Tuesday, March 31, 1998 Business Development Center network, the national cooperation on issues of mutual in- Small Business Innovation Research (SBIR) terest and concern: Now, therefore, be it Mr. LAFALCE. Mr. Speaker, all of us who Program, new financing mechanisms for cer- Resolved, That the House of Representa- are privileged to serve in the House know how tified development companies (CDCs) and tives— much we rely on the hard work of our staffs, small business investment companies (1) congratulates the Philippines on the both in our own offices and in the various (SBICs), and new secondary market programs commemoration of its independence from committees on which we serve. Occasionally, Spain; to enhance small business access to capital we are fortunate enough to work with a staff from sources traditionally unavailable to small- (2) looks forward to a broadening and deep- member who is so knowledgeable and effec- ening of friendship and cooperation with the er concerns. Philippines in the years ahead for the mu- tive in his or her area that it is difficult to imag- In addition to his legislative responsibilities, tual benefit of the people of the United ine anyone else holding down that responsibil- Tom also served as the Committee's liaison States and the people of the Philippines; ity. I rise today to report to the House the re- with the Committee on Appropriations, with (3) supports the efforts of the Philippines tirement of such a staff member, the long time which the Small Business Committee enjoyed to further strengthen democracy, human senior counsel to the Committee on Small an exceptionally good relationship. As though rights, the rule of law, and the expansion of Business, Tom Powers. all these duties were not enough, Tom served free market economics both at home and Tom has the distinction of being the as the Committee's parliamentarian and, in abroad; and longest tenured staff member in the history of this role, earned the respect of all Committee (4) recognizes the close relationship be- the Small Business CommitteeÐ27 continu- tween the nations and the people of the members for his knowledge of House Rules United States and the people of the Phil- ous years, in all. In fact, Tom is the only staff- and procedures and for his impartiality. ippines and pledges its support to work er to have served throughout the full standing Over the years, Tom has received countless closely with the Philippines in addressing Committee's existence, it having attained this commendations for his accomplishments and new challenges as we begin our second cen- status with the beginning of the 94th Congress services on behalf of the small business com- tury of friendship and cooperation. in 1975. He also served throughout the period munity. During Small Business Week in May, March 31, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E531 in fitting recognition for his untiring efforts, ESSAYS ON FREEDOM We also have the opportunity to try for Tom will receive from SBA's Chief Counsel for any kind of job we want. We can quit a job Advocacy, Hon. Jere Glover, a Special Advo- if it is not the right one for us or if a better HON. DAVID M. McINTOSH one comes along. cacy Award for unique and outstanding advo- OF INDIANA cacy achievements on behalf of small busi- We can go to a grocery store or a mall IN THE HOUSE OF REPRESENTATIVES whenever we need or want. We can buy what- ness. Tuesday, March 31, 1998 ever we shall please to buy. We can buy the It is hard to overstate the influence Tom Mr. McINTOSH. Mr. Speaker, recently I had food we want or the clothes we desire and Powers has had on small business legislation much more. the pleasure of hearing three essays from and policy during his long tenure here. It is We have so many freedoms. We are the also hard to imagine the Small Business Com- three young students in Madison County. I most blessed country in the world. We should mittee without him. I know that I speak for all wish to share these essays with my col- be grateful for what we can do and what we members of the Committee, past and present, leagues and the American people. The essays have. I love freedom, don’t you? show a key understanding of the principles and for the whole House in thanking Tom for WHAT FREEDOM MEANS TO ME his extraordinary service and devotion, both to upon which our great nation was founded. Our the House and to the small business commu- country will continue to prosper if future gen- (By Andy Rogers) nity, and in extending to him our best wishes erations, like these young students, hold dear When I hear the word ‘‘freedom’’ I think of for success in his future endeavors. to one of our cherished American times in American history when all people f values ... Freedom. God Bless America. did not possess freedom. Slavery allowed human beings to be bought and sold as if WHAT FREEDOM MEANS TO ME THE AMERICAN LEGION OPPOSES they were just property. Slaves had only H.R. 695, THE SAFE ACT (By Danny Breeden) freedoms that their owners approved of. It is hard for me to explain what freedom When America was colonized, Indians had means to me because I have always been lots of freedom, living and hunting where HON. GERALD B.H. SOLOMON free. So were my parents, grand-parents, and they pleased. As more white settlers came OF NEW YORK many of my ancestors. So, when I want to and invaded Indian territory, Indian freedom IN THE HOUSE OF REPRESENTATIVES think about being free I need to think about was whittled away until they were forced to Tuesday, March 31, 1998 people who are not free. I think about; He- live on reservations. brew slaves under the Egyptian pharaohs, As a twelve-year old it is amazing to think Mr. SOLOMON. Mr. Speaker, as you know, the colonists before the Revolutionary War, I have more freedom than any adult slave or every major police organization in the United American slaves before the Civil War, and Indian. I have the freedom of choice because States, representing millions of Americans the Jewish people under Hitler in Germany I can choose my friends, the things I wear to strongly oppose H.R. 695. Now our veterans in the 1940’s. I am sure today that there are school, and how I spend my free time. I enjoy still people in the world who are not free. the freedom of speech because I can say what have joined their efforts to defeat the bill. I The Hebrews did not have any rights. Some I think and talk about subjects I like. I have have included in the RECORD today a letter of them could not even eat, drink, and sleep the freedom of religion because I can praise from The American Legion which outlines their when they wanted to. They also didn’t have God freely and don’t have to hide to worship opposition to H.R. 695, the Safe Act. the right to worship who and when they him. The American Legion concurs that there are wanted to. some provisions in the original H.R. 695 that The colonists were oppressed by the king. As a preteen I cannot enjoy as many free- can and will be detrimental to our national se- They were heavily taxed and were not al- doms as adults because I cannot vote, own land, get a job, or drive a car, the list goes curity and law enforcement efforts and will ad- lowed to meet about town problems. Also they were not allowed to worship the way on. But some of these freedoms I would not vise its membership of 4 million to the bill's wanted to. want because they are a lot of responsibility shortcomings. The Jews and the slaves were beaten, tor- for a kid like me. There are other freedoms THE AMERICAN LEGION, tured, and even killed. They were also not al- I cannot enjoy yet for safety reasons. Washington, DC, February 25, 1998. lowed to speak or worship freely. As I mature, my parent’s give me more Hon. GERALD B. SOLOMON, You know, when you think about it there freedom. I look forward to the time when I U.S. House of Representatives, Rayburn House is always a war when a group of people want become independent. Then I can live on my Office Building, Washington, DC. to be free. It’s not fair. Innocent men and own and do what I want when I want to do it. DEAR REPRESENTATIVE SOLOMON: Thank women die for their freedom and the freedom One freedom that is usually not thought of you for advising me of your concerns with of their families. is man’s free will. This is a freedom that pending encryption legislation. After review- WHAT FREEDOM MEANS TO ME every human being has whether they are ing the legislation and reading testimony by (By Staci Johnson) slave, Indian, child, or adult. Free will is respected authorities in law enforcement and Basically, what freedom means to me is to God’s most important freedom to man. It en- national security matters, The American Le- have a choice. The choice to live where we ables man to choose everlasting life by be- gion concurs that there are some provisions want, work where we want, worship how we lieving in Jesus Christ as our Savior, and in the original H.R. 695 that can and will be want, and much more. choosing to follow His will for our life. detrimental to our national security and law In America, we have a lot of freedoms. We I am so thankful to God for all the free- enforcement efforts. can have as many children as we please, doms He has given me, but especially the gift It is our contention that the Department whereas some countries can’t. In some coun- of free will which lets me choose the ulti- of Commerce should not be making decisions tries if they have more than one child, they mate freedom—heaven. that impact so strongly on our country’s na- would have to kill them. tional security. That responsibility should We also have the freedom to go to church be left to other agencies of the federal gov- wherever we wish to or believe in whatever f ernment who have more expertise in elec- kind of God we choose. Along with this free- tronic intelligence technology. The language dom, we have the choice to own the Bible. WOMEN’S HISTORY MONTH in the amended version of H.R. 695 (Section We can read it any time we want. Some HONOREES 3) that was developed by the House Commit- countries like China doesn’t allow the Bible tees on National Security and Intelligence or the freedom of religion. If you bring a appears to provide a degree of limitation and Bible into China you are most likely to be HON. MARTIN OLAV SABO control in this sensitive area and is a meas- put in prison. OF MINNESOTA ure we can support. Also in America, we have the right to voice The American Legion will be conducting our opinion. We can speak against the gov- IN THE HOUSE OF REPRESENTATIVES its annual Legislative Conference at the ernment without a fear of going to jail or a Hyatt Regency Hotel on Capitol Hill, March fear of being killed. We have the freedom to Tuesday, March 31, 1998 22–24. I will ask our Legislative staff to in- speak out in favor of what we want, desire, Mr. SABO. Mr. Speaker, as Women's His- vite representatives of the Justice Depart- or need. We have the freedom to vote on who ment to speak on this matter. We shall also we want to be the leaders of our country. We tory Month draws to a close today, I rise in voice our concerns to Members of Congress also have the freedom to vote privately. We recognition of five notable Minnesota women when we make our annual visitation on can vote for a Democrat or a Republican to who have made significant achievements in March 24. be the leaders of our country. their respective professions and who deserve Thank you for alerting us of this situation. Parents have the freedom of choice in edu- to be recognized as a result. We will continue to monitor this matter and cation for their children. They can Rosalie Wahl is the first woman to have will also advise our membership of the pend- homeschool them, send them to private ing legislation and its shortcomings. school, or send them to public school. been named a Minnesota Supreme Court Jus- Sincerely, We can travel freely from state to state tice. First appointed to the Court in 1977, she ANTHONY G. JORDAN, whenever we wish to without fear because of served as a Justice for 17 years. By the time National Commander. our freedom. she left the Court in 1994 there were four E532 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 1998 women Justices. During the course of her ca- Jennifer Schmidgall is the second Min- DR. RUGGIERO HONORED reer, she witnessed encouraging changes tak- nesota woman to have been a member of the ing place for women in the state political U.S. women's 1998 Olympic ice hockey team, HON. PAUL E. KANJORSKI arena, but her hard work and leadership made showing exemplary athletic ability and sharing OF PENNSYLVANIA Wahl one of the true ``pioneers.'' Wahl has the excitement of earning a team gold medal IN THE HOUSE OF REPRESENTATIVES said, ``I feel we as women move forward to- at a young age. A native of Edina, gether . . . none of us can really get where Tuesday, March 31, 1998 Schmidgall's interest in ice hockey sparked we are today without the help of other women during visits to an outdoor rink at Lewis Park Mr. KANJORSKI. Mr. Speaker, I rise today and the men who have given us a hand.'' to pay tribute to a distinguished physician from with her father, where she would skate and Prior to becoming a Supreme Court Justice, Northeastern Pennsylvania, Dr. Nicholas watch him play hockey. She started playing Wahl worked for the State Public Defender Ruggiero. Dr. Ruggiero will be honored at a starting in 1967, where she argued over 100 ``serious'' hockey in the eighth grade. By 1995 retirement dinner this week and I am pleased cases before the Supreme Court, upon which she was a member of the U.S. Women's Na- to have been asked to participate in this trib- she would later serve herself. Wahl attended tional Junior Ice Hockey Team, appearing on ute. William Mitchell College of Law, where she the team again in 1996. Schmidgall graduated A native of Pittston, Pennsylvania, Dr. later served as an assistant professor and ran from Edina High School in 1997. She plans to Ruggiero graduated from Pittston High School the Clinical Criminal Program prior to joining attend the University of Minnesota this year, in 1953. His parents could not afford tuition, Minnesota's highest court. where she would like to study business man- so he worked his way through King's College Joan Anderson Growe is the six-term Sec- agement and psychology. before joining the army to acquire the money retary of State of Minnesota and is the state's I am pleased to honor these remarkable for medical school. He received his M.D. from first woman constitutional officer to be elected Jefferson Medical College of Philadelphia in in her own right. Her public life reflects a deep women in celebration of Women's History 1966. He interned close to his hometown at commitment to citizen participation and open- Month. I thank each of them for their contribu- Wilkes-Barre General Hospital and completed ness. As Secretary of State, Growe has led tions to the state of Minnesota and I wish his residency and a fellowship at Jefferson. Minnesota in becoming an elections model for them continued success in the future. During his fifteen-year tenure as the Director the nation. She instituted mandatory election of the Coronary Care Unit at Wilkes-Barre judge training, had election safeguard laws en- f acted, and supervised election law recodifica- General Hospital, Dr. Ruggiero began the Car- tion. Minnesota's statewide on-line computer- EAGLE SCOUT HONORED diac Lab at General Hospital. Its success led ized voter registration database is one of the to the first open heart program in the area. first in the nation. Growe has assembled a co- Heart disease can now be diagnosed and alition of public and private sector organiza- HON. WILLIAM O. LIPINSKI treated at Wilkes-Barre General Hospital. tions and businesses to conduct a Get-Out- Mr. Speaker, Dr. Ruggiero's successes with the-Vote drive in every general election. Min- OF ILLINOIS the Cardiac Lab and open heart program in nesota led the nation in voter participation in IN THE HOUSE OF REPRESENTATIVES Wilkes-Barre meant that heart patients could 1976, 1980, 1984, and 1988 and tied with stay in Northeastern Pennsylvania for treat- Maine in 1992 and 1996. She organized the Tuesday, March 31, 1998 ment. This was a major contribution to the re- National Advertising Council's first Get-Out- gion's medical community. Mr. LIPINSKI. Mr. Speaker, it gives me the-Vote drive in 1980. I am proud to be a part of a tribute to this Pamela G. Alexander is the Assistant Chief great pleasure to bring to the attention of my fine physician and to have had the opportunity Judge of the Hennepin County District Court colleagues an outstanding young individual to bring his career and accomplishments to where she has served for the past 15 years. from the 3rd Congressional District of Illinois the attention of my colleagues. I join with his Her commitment to community service is evi- who has completed a major goal in his Scout- friends, his family, and the community in send- dent both in and out of the courtroom. In the ing career. Kevin J. Zielinski, a young man ing my very best wishes for a happy and Hennepin County District Court, she serves on from Boy Scout Troop 358, Midlothian, Illinois healthy retirement. numerous committees which represent a wide will be honored at an Eagle Scout Court of f range of issues. These include the Sexual As- Honor. THE SAFE ACT (H.R. 695) IS DET- sault Coordinating Board, the Public Safety It is important to note that less than two per- RIMENTAL TO ISRAEL’S NA- Facility Advisory Board, the Grand Jury Task cent of all Scouts in America attain the rank of TIONAL SECURITY Force, and the Criminal Justice Coordinating Eagle Scout. This high honor can only be Committee. The Minnesota Supreme Court has also named her to the Racial Bias Task earned by those Scouts demonstrating ex- HON. GERALD B.H. SOLOMON Force where she currently serves as Chair of traordinary leadership abilities. OF NEW YORK the Implementation Committee for her district. Kevin has clearly demonstrated such leader- IN THE HOUSE OF REPRESENTATIVES Alexander has received several community ship abilities. When flood victims in North Da- Tuesday, March 31, 1998 service awards, including the Minnesota Mi- kota were in need of basic necessities, he nority Lawyers Profiles in Courage Award. She Mr. SOLOMON. Mr. Speaker, below is the took action. Kevin Zielinski led a group of vol- Clinton Administration's official position regard- also serves as a motivational speaker for local unteers that collected household cleaning sup- youth, making many appearances in churches ing the effect of immediate decontrol of plies and personal care items for these victims encryption technology on Israel. and schools throughout the year. of adverse circumstances. Through his Alana Blahoski is one of two Minnesota The potential consequences of an imme- achievements in Scouting, Kevin has shown women to have played on the gold-medal win- diate decontrol of encryption exports is of that he is the kind of young man who can be ning United States women's ice hockey team international concern. This is not an issue for United States alone. As proposed in H.R. in the 1998 Winter Olympics. Her athletic counted upon to provide leadership in the community throughout his life. 695 (the SAFE ACT), the immediate decon- achievements demonstrate genuine persever- trol of encryption exports would likely re- ance and dedication. A St. Paul native, Kevin also has the honor of being the 40th sult in the proliferation of strong encryption Blahoski graduated from Johnson High Eagle Scout from Troop 358. This shows that to entities such as terrorists groups which School, where she was a three-time all-star he has been successful in a highly disciplined then could use encryption to hide their plans hockey player. She graduated from Provi- organization of young men, promoting the and intentions. Such a move will have a de- dence College in 1996. At Providence, she kinds of values and achievements that we will stabilizing effect on national security world- wide. served as co-captain on the women's ice always need to keep America a great nation. hockey team as a senior and was named the The proponents of H.R. 695 maintain that 1995±96 Eastern College Athletic Conference In light of the commendable leadership and our enemies and Israel's enemies will eventu- Co-Player of the Year. Blahoski went on to be- courageous activities performed by this fine ally possess encryption technology. This may come a two-time member of the U.S. Wom- young man, I ask my colleagues to join me in be true, but fails to explain why we should en's National Team, recording two goals and honoring Kevin J. Zielinski for attaining the rush to make this technology available to our four assists in ten games. She also appeared highest honor in ScoutingÐthe Rank of Eagle. enemies. The United States and Israel need on U.S. Women's Select Teams in 1995, Let us wish him the very best in all of his fu- time to develop a strategy and counter- 1996, and 1997. ture endeavors. measures to address these new technologies March 31, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E533 and for this reason H.R. 695 should be op- name of Valarie K. Wolfe, of Harrisburg, PA, Soon, Bella Abzug was famous for introduc- posed. in my congressional district. The late Miss ing the resolution which forced the White f Wolfe was a fourth-grade teacher at the Milton House to make public the so-called ``Pentagon Hershey School, in Hershey, Pennsylvania, Papers.'' As an ardent supporter of the Equal DRURY PANTHER’S MEN’S AND from 1967 to 1997. I am pleased to report that Rights for Women Amendment to the Con- WOMEN’S SWIMMING AND DIV- a flag of the United States of America was stitution, she is credited with coining the well ING TEAMS flown over the Capitol on February 6, 1998, in known phrase: ``A woman's place is in the Miss Wolfe's honor. HouseÐand also the Senate!'' HON. ROY BLUNT The Milton Hershey School was founded Although at the time Bella Abzug had a rep- OF MISSOURI with a Deed of Trust as a school for orphan utation for abrasiveness, in fact she paved the IN THE HOUSE OF REPRESENTATIVES boys in 1909 by the chocolate magnate Milton path for many other women who followed her S. Hershey and his wife, Catherine, for they Tuesday, March 31, 1998 into this chamber, and for this we owe her a could not have children of their own. After tremendous debt. Mr. BLUNT. Mr. Speaker, Mr. Speaker, I Catherine's death, Mr. Hershey gave his life In 1976, Bella Abzug conducted an unsuc- rise today to commend the Drury Panther's fortune to the school so that it would last in cessful campaign for U.S. Senate, in which Men's and Women's Swimming & Diving perpetuity. Today, the school has more than she was defeated by DANIEL PATRICK MOY- Teams. During the National Collegiate Athletic seventy-three hundred alumni and has an en- NIHAN, who continues to serve to this day. A Association (NCAA) Division II Swimming & rollment of over one thousand needy boys and year later, she was an unsuccessful candidate Diving National Championship this year the girls. for Mayor of New York City. Although never men placed second overall for the second Miss Wolfe, a recipient of the Outstanding again elected to public office, she remained a year in a row and the women placed first over- Teacher of the Year Award, was a graduate of force for the causes she espoused until her all for the second year in a row. I congratulate Shippensburg University and a member of the death earlier today due to complications from both the men and women for their tremendous Zion Lutheran Church, where she was a Sun- heart surgery at the age of 77. success at the national level. Even though day school teacher and played the piano. Miss Bella survived her husband, Martin, an attor- these teams are made of great athletes, their Wolfe was also very active with the Dauphin ney, by 12 years. Those of us who knew Bella success did not come easily. It came by Dog Training Club, where she was an instruc- and Martin will never forget that dynamic team spending between twenty-four to thirty hours a tor for many years. She often took her fourth- whose dedication was to a better life for all of week in the pool. It came swimming between grade students to the Club to try to instill in us. forty-two and sixty miles, six days a week. them love and respect for animals. Her great Bella Abzug will be buried at a private fu- When you stop and realize that their time and love of animals was indicative of her kind, neral on Thursday, with a public memorial at commitment to swimming and diving doesn't generous, and warm personality. In addition, a time and location to be announced later. happen in isolated preparation but as full time Miss Wolfe enjoyed teaching children through To her daughters, Isobel and Eve Gail, and students at a college known for their high aca- drama, for she was involved in many of the to her sister, Helen Alexander, we extend our demic standards, it causes you to appreciate plays presented in the elementary school, Me- heartfelt condolences. The world is a better these student-athletes even more for their ac- morial Hall. Throughout her long and extraor- place because of Bella Abzug. complishments both individually and as a dinary career, Miss Wolfe has made lasting team. impressions on those who have had the honor f The Drury Panther's Swimming and Diving to have known her. She was well known for program is a program of success. It has been inspiring students and teachers alike during HONORING MR. ELIO ROCA compared to the tradition of Nebraska her three decades of service at Milton Her- Cornhusker football or Kentucky basketball. shey School. HON. ILEANA ROS-LEHTINEN Only four years ago, Drury entered competi- Let the record reflect today that there is cur- OF FLORIDA tion at the NCAA Division II level and both rently a void at the Milton Hershey School that IN THE HOUSE OF REPRESENTATIVES will not soon be filled. Miss Wolfe always teams placed third overall in the first and sec- Tuesday, March 31, 1998 ond years. Before entering Division II, the taught her fourth-grade pupils with dedication, men's team won seven national champion- understanding, patience, and love. I am hon- Ms. ROS-LEHTINEN. Mr. Speaker, today it ships back to back at the National Association ored to have had, in my congressional district, is a honor to recognize Mr. Elio Roca, a musi- of Intercollegiate Athletics (NAIA) level. The such a wonderful teacher who has touched cal artist and actor well known to Hispanic au- women's program was established in 1988 the lives of so many. She will be missed, in- diences. and claimed three national championships at deed. The Cuban patriot Jose Marti once said: the NAIA level before going on the NCAA Divi- f ``Men of action, above all, those whose actions are guided by love, live forever. Other famous sion II. Any athletic program becoming a na- THE PASSING OF FORMER MEM- men, those of much talk and few deeds, soon tional force in ten years is almost unheard of BER HON. BELLA ABZUG OF NEW evaporate. Action is the dignity of greatness.'' at any level of competition. Much of that credit YORK goes to Coach Brian Reynold's, a former All- Those words describe Elio Roca. American swimmer for Drury. He has been HON. BENJAMIN A. GILMAN Mr. Roca has sung to sold out concerts in named National-Coach-of-the-Year at the his native Argentina and has realized dozens OF NEW YORK NAIA level and the women's NCAA Division II of appearances on stages in Latin America IN THE HOUSE OF REPRESENTATIVES Coach of the Year last season. and the United States. His performances at I congratulate Coach Reynold's, his coach- Tuesday, March 31, 1998 Madison Square Garden and the Shrine Audi- ing staff and most especially the young men Mr. GILMAN. Mr. Speaker, it is with great torium in Los Angeles won critical acclaim. Mr. and women on the Drury Swimming and Div- sadness that I rise to note the passing of a Roca is also known as one of the brightest ac- ing team for their success this year and wish former Member who, in fact, was a noteworthy tors in Latin America. them continued successes in the years to Member of the Congress. It must also be noted that this Argentinean come. When Bella Abzug was first elected to the native has been a supporter of human rights f Congress in 1970, she had the distinction of and a crusader against the Castro tyranny. He becoming the first Jewish woman to serve in has written and dedicated a song entitled ``To HONORING THE OUTSTANDING this chamber. She soon became a household My Cuba I Shall Return'' for all those Cubans SERVICE OF MISS VALARIE K. word not only in her own Congressional Dis- who live in exile. Mr. Roca has been invited to WOLFE trict in Manhattan, but throughout the nation. tour the oppressed Cuban nation time and On her very first day in Congress, she intro- time again, and his answer has always been HON. GEORGE W. GEKAS duced legislation requiring the immediate with- the same simple yet powerful response of a OF PENNSYLVANIA drawal of all American forces from Southeast man of action, ``never, never while Fidel is IN THE HOUSE OF REPRESENTATIVES Asia. Although her resolution was defeated, it there.'' served notice to the Congress, the White Mr. Speaker, Elio Roca is a talented artist, Tuesday, March 31, 1998 House, and the nation at large that here was a proud Argentinean, a friend of the Cuban Mr. GEKAS. Mr. Speaker, I would like to a Congressperson who was willing to make people and above all, to quote a Cuban patriot bring to the attention of my colleagues the waves on behalf of her beliefs. ``a man of action.'' E534 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 1998 GOP SHOULD STOP PLAYING and screen including becoming the definitive RECOGNIZING KENNETH J. BEEBY POLITICS WITH PEOPLES’ LIVES Othello in modern theater and setting an all- time record for a Shakespearean play on HON. JOHN JOSEPH MOAKLEY HON. CHARLES E. SCHUMER Broadway of two-hundred-ninety-six perform- OF MASSACHUSETTS OF NEW YORK ances; and IN THE HOUSE OF REPRESENTATIVES Whereas, Paul Robeson was a fearless ad- IN THE HOUSE OF REPRESENTATIVES Tuesday, March 31, 1998 Tuesday, March 31, 1998 vocate for the cause of human dignity and the civil rights of his fellow African-Americans and Mr. MOAKLEY. Mr. Speaker, I rise today to Mr. SCHUMER. Mr. Speaker, to paraphrase the human rights of other oppressed peoples recognize one of the great, behind-the-scenes a famous Republican, ``There they go again.'' throughout the world, and in doing so, sac- figures in American business today. He is Just as they did last year, the Republican rificed his career as a world renowned actor Kenneth J. Beeby, who will retire this year Congress is holding badly needed emergency and singer; and after 25 years of service with Ocean Spray funding hostage to political whimsy. Whereas, in recognition of the achievements Cranberries, Inc. Ken's leadership and dedica- As we all remember, though I'm sure some and accomplishments of Paul Robeson, the tion has led Ocean Spray and the cranberry of my colleagues on the other side of the aisle Chicago Board of Education constructed and industry nationwide through a period of unpar- would like to forget, the GOP held up emer- opened Paul Robeson High School in the 1st alleled prosperity and growth. gency appropriations for flood victims in North Congressional District in 1977; and Our professional and personal life creates Dakota for political purposes. Whereas, Paul Robeson's determination, many fine lines, demanding us to make many This year, Republicans are holding up fed- academic achievements, self-discipline and hard choices and decisions every day. Few eral relief for families in the Northeast who self-esteem epitomize the traits and attributes people learn to navigate this line and maintain were recently battered by icestorms. Rather that should be emulated by students all over a balanceÐwhen to walk it, when to crossover than have a straight vote on the emergency the United States; and when to stand up and on what side. Ken appropriations, Republicans are tying these I applaud the Governor of Illinois, the Mayor Beeby is one of those few people who have funds to their agenda to decimate housing aid, of the City of Chicago and Paul Robeson High mastered this ability with honor, self-respect cut education, and eliminate the President's School in memorializing the life and works of and integrity. national service program. Paul Robeson and celebrating April 9, 1998, During his 25 years of service to Ocean It has become apparent that the House as ``Paul Robeson Day.'' Spray, Ken has compiled an impressive record leadership would rather build bridges to their of achievement, rising to the post of Vice right-wing constituencies than rebuild commu- f President, General Counsel and Secretary. nities shattered by the forces of nature. These Massachusetts is the birthplace of the cran- CONGRATULATIONS TO THE LIT- tactics have failed before, and they will cer- berry industry and the home of Ocean Spray ERACY COUNCIL OF MONTGOM- tainly fail again. Cranberries, a grower owned market coopera- ERY COUNTY, MD Mr. Speaker, the families in Upstate New tive. For nearly 70 years, the cranberry indus- York, Maine and other Northeastern states try has been a major contributor to our eco- need help, not political maneuvering. And they HON. CONSTANCE A. MORELLA nomic and employment base in Massachu- need help right now. I ask my colleagues to OF MARYLAND setts. And Ken's keen intellect and under- oppose this measure and instead demand an IN THE HOUSE OF REPRESENTATIVES standing of the legal issues surrounding the immediate, clear vote on emergency funding. Tuesday, March 31, 1998 Cooperative form of business and proper f trademark usage enabled Ocean Spray to de- Mrs. MORELLA. Mr. Speaker, I rise today to IN HONOR OF PAUL ROBESON DAY velop and grow into the organization it is pay tribute to the Literacy Council of Mont- today. gomery County, MD, on the occasion of its Cranberry growers nationwide respect and HON. BOBBY L. RUSH 35th anniversary on November 13, 1998. The admire Ken's intelligent and professional man- OF ILLINOIS Literacy Council was founded by Mrs. Beth ner in which he diligently performed his duties. IN THE HOUSE OF REPRESENTATIVES Kilgore, and is a nonprofit organization sup- His faithful service with various agricultural Tuesday, March 31, 1998 ported by public funds and private contribu- and trade organizations has been a benefit to Mr. RUSH. Mr. Speaker, I rise today to cele- tions. the best interests of all cranberry farming com- brate the centennial of the birth of Paul Leroy Since the Council's inception in 1963, the munities across the country. Robeson. volunteer tutors have taught nearly 7,400 illit- Ken started with the grower-owned coopera- Whereas, Paul Robeson grew up in Prince- erate adults to read, write, and speak English. tive in 1973 as House Counsel. In 1976, he ton, New Jersey, the son of an escaped slave Dedicated volunteers act as administrators, of- was promoted to Chief Legal Officer and a who was a Presbyterian minister; and fice workers, speakers, and fundraisers, as year later, was named Vice President-General Whereas, Paul Robeson's forensic skills well as tutors, and devote about 37,000 hours Counsel. In 1982, he was appointed Secretary while in high school won him a scholarship to per year to the battle against illiteracy. of the Corporation. Rutgers University where he was the only Afri- The Literacy Council has two primary pro- Prior to joining Ocean Spray, Ken served as can-American student and only the third Afri- grams: Basic Literacy, for English-speaking Staff Attorney and Assistant General Counsel can-American student in the college's history; adults who have failed or have not had the op- with Seven-Up from 1961 to 1973. He is a and portunity to learn to read and write; and graduate of Northwestern University School of Whereas, Paul Robeson, a brilliant student English as a Second Language, for foreign- Law and Beloit College in Wisconsin. who was elected to the highest academic born adults who need to learn English. At any Ken is a member of several professional or- honor society in America, Phi Beta Kappa, in given time, the Council has about 800 stu- ganizations, including the National Council of his junior year, was valedictorian of his college dents and about 500 tutors participating in Farmer's Cooperatives, Grocery Manufactur- class and a Commencement speaker at a col- these programs. ers of America, National Food Processors As- lege where he could not live on campus in a The socioeconomic rewards of the services sociation, American Bar Association, Massa- dormitory; and provided by the Literacy Council are invalu- chusetts Bar Association, American Agricul- Whereas, Paul Robeson, a gifted four-letter able. Newly literate adults become more in- tural Law Association, Association of Food athlete and two year football All-American un- volved and effective parents encouraging their and Drug Officials and the American Cor- derstood the importance of community service children to aspire to more promising lives. Lit- porate Counsel Association. and received the acknowledgment of the New eracy skills enable these adults to acquire jobs An active participant in his home commu- Brunswick, New Jersey African-American com- and become productive members of society. nity, Ken is a Lay Person of his church and a munity at a banquet in his honor while a stu- Mr. Speaker, I congratulate the Literacy former board member of the Plymouth Phil- dent at Rutgers; and Council of Montgomery County, MD, for 35 harmonic Orchestra. He and his wife Shelley Whereas, Paul Robeson went on to earn a years of dedicated service to our community. live in Duxbury, Massachusetts. They have law degree at Columbia University School of It is a proud moment for me to pay tribute to three children and two grandchildren. Law in 1923 and was admitted to the New the winning combination of staff, volunteers, The cranberry industry has benefited from York State bar; and and students of the council who have devoted Ken's wise judgement, calm guidance and Whereas, Paul Robeson made his mark in their time and energies to wiping out illiteracy compassionate insight into the crucial issues the United States and abroad on the stage in our Nation. facing business and agriculture. His devotion March 31, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E535 to the cause has helped secure for Ocean two languages, is like living in two worlds that there ``would be a very fair bipartisan Spray a position of prestige among American full of surprises, adventures, and lots of process of voting when we bring the [cam- corporations, and surely secured for him an promises for a brighter future. I’m proud to paign finance reform] bills to the floor.'' speak English because it is the language I honored place in the history of Ocean Spray, learned at school. It is the heritage I re- I oppose the way that campaign finance re- the cranberry industry and American business. ceived from the educational system, and it is form legislation has been brought to the floor f my country’s official language. of this House tonight. The leadership of this body has made a mockery of the democratic RECOGNIZING MS. CLAUDIA ALVA- f process. By bringing these reform bills to the REZ FOR HER THIRD-PLACE FIN- floor under suspension of the rules of the ISH IN A NATIONAL ESSAY CON- COUNCIL OF SCIENTIFIC SOCIETY PRESIDENTS House, these bills are doomed to failure be- TEST cause a simple majority of votes is not suffi- cient to pass a bill; instead a super-majority of HON. ZOE LOFGREN HON. SCOTT L. KLUG votes (or 2¤3 of Members voting) is needed in OF CALIFORNIA OF WISCONSIN order to pass campaign finance reform legisla- tion. A good bill can pass with a simple major- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ity; a bad bill will not pass with a super-major- Tuesday, March 31, 1998 Tuesday, March 31, 1998 ity. The Majority Leadership has made the de- Ms. LOFGREN. Mr. Speaker, I rise today to Mr. KLUG. Mr. Speaker, I would like to bring termination to kill campaign finance reform recognize the outstanding achievement of Ms. to your attention, and to the attention of my legislation by making sure that it will not gar- Claudia Alvarez, whose essay on bilingual colleagues, that the Council of Scientific Soci- ner enough votes to pass. education won a third-place prize in a pres- ety Presidents (CSSP) will mark its 25th Anni- The people of this country are discouraged tigious national essay contest sponsored by versary in 1998. CSSP is the nation's largest by this type of behavior from this Congress Scholastic, Inc., an educational publishing multidisciplinary consortium of scientific, engi- and will not be fooled by this attempt to pass company. neering and technical societies. It is composed ill-conceived legislation. Rushing these bills Claudia's essay, ``Estoy Orgullosa de Ser of over 60 federations and societies, rep- through the people's House without the benefit BilinguÈe'' (``I'm Proud To Be Bilingual''), very resenting over 1.4 million scientists, engineers, of full and open debate makes a mockery of eloquently extols the virtues and enrichment of technologists and educators. the democratic process; rushing these bills bilingualism from her personal perspective. CSSP fosters communication and collabora- through without the benefit of open debate Claudia wrote her essay last year as a 5th- tion among all science and engineering dis- only encourages the cynicism of our society. grade student at San Antonio School, located ciplines and develops policy statements on H.R. 3581, the misnamed ``Campaign Re- in the 16th Congressional District of California. issues of national scope. Through its network form and Election Integrity Act,'' allows More than 40,000 students nationwide par- of leaders, CSSP facilitates the implementa- wealthy individuals to contribute even more ticipated in the essay contest. Claudia's third- tion of those policies. money, by doubling the current Federal dollar place finish earned her a $1,000 educational For 25 years, CSSP has been a leader and limits on contributions to candidates and tri- grant from Scholastic, Inc., which was a voice of reason. CSSP has played a key pling the limits on contributions to political par- matched with a grant from New Star, an edu- role in the health of the S&T enterprise by de- ties and total contributions, plus indexing them cational testing company. In addition, Claudia veloping a network of national leaders and to inflation. As a result, a wealthy person has been honored by the California Associa- serving as an advocate of wise science policy. would be able to contribute $100,000 more tion of Bilingual Teachers at its recent conven- f every election cycle. Most of the citizens of tion in San Jose, California and was flown to this country believe that there is too much Dallas, Texas with her teacher, Ms. Norma CAMPAIGN REFORM AND money now being spent on political cam- Rodriguez, to be honored by the National As- ELECTION INTEGRITY ACT OF 1998 paigns, and instead of curbing campaign sociation of Bilingual Teachers. spending, this bill increases the amount. In its March 4, 1998, issue La Oferta Re- SPEECH OF And, in another cynical attempt to prevent view, a bilingual newspaper serving Silicon Hispanic citizens from voting, this bill includes Valley, published Claudia's essay in English HON. BOB ETHERIDGE a provision to establish a Federal ``voter eligi- and Spanish. OF NORTH CAROLINA bility confirmation system'' which allows state Claudia's outstanding achievement is indic- IN THE HOUSE OF REPRESENTATIVES and local officials to drop voters from the rolls, solely on the basis of race or an ``ethnic- ative of the potential of our young people Monday, March 30, 1998 when provided with the proper educational sounding name.'' At a time in our Nation's his- tools. Mr. ETHERIDGE. Madam Speaker, I rise tory when fewer and fewer people take the Mr. Speaker, today I ask my colleagues in today in support of meaningful campaign fi- time to go to the polls and cast a ballot, we the United States House of Representatives to nance reform. should not further discourage people from vot- join with me in recognizing the outstanding I strongly support a thorough investigation of ing by intimidating them from even trying to go achievement of Ms. Claudia Alvarez. the practices of both political parties, and I to the polls. want Congress to pass serious reform of the Many Members of both the U.S. House and [From La Oferta Review, Mar. 4, 1998] campaign finance system. We must eliminate the U.S. Senate have introduced good cam- I’M PROUD TO BE BILINGUAL the corrupting influence of special interest paign reform measures. However, in order to (By Claudia Alvarez) money from our political system and restore restore the trust and confidence of the Amer- I’m proud to be bilingual because that is the faith of the American people in our public ican people, a way must be found to bridge who I am. I’m proud to be bilingual because institutions. Neither party can claim total inno- differences and pass bipartisan campaign fi- my first language, Spanish in my mother cence of Washington misdeeds, and I believe nance reform by the next election. I have co- tongue. It is the heritage from my ancestors. the people of North Carolina sent me to Con- sponsored the Independent Commission on I’m proud to be bilingual because it is a gress to work in a bipartisan manner to serve Campaign Finance Reform Act of 1998. This privilege. When you speak one language well, the public interest. That is what I try to do legislation will establish a bipartisan commis- you may feel like you are holding the world in your hands. every day as a United States Representative. sion of 12 members and will recommend re- Those of us who speak two languages is At the start of the 105th Congress, the forms to the laws that govern Federal elec- like holding two worlds full of opportunities. freshman class agreed that we would work on tions. I believe that an independent commis- Being Bilingual is like living in two rich ex- a bipartisan basis to reform the way that cam- sion provides Congress the best opportunity to citing worlds, which one does not take over paigns for public office are funded in this overcome the political and legislative impedi- the other. Instead, they complement each country. Each of us was pleased that the ments that have stymied previous campaign fi- other. Being bilingual opens more doors to President agreed, and the Speaker of the nance reform efforts. the way of success. Also being bilingual is like having double brain capacity, because I House agreed, that we needed to pass cam- Madam Speaker, the American people de- can communicate my feelings, my fears, and paign finance reform legislation during this serve a reform of the campaign election sys- dreams in more than one way. Being Bilin- Congress. While we were not able to bring tem. I hope that we will have the courage to gual is having double opportunities to com- any legislation to the floor last year, each of do something meaningful toward that end dur- municate these dreams. To be able to speak us was heartened to hear the Speaker say ing the 105th Congress. E536 CONGRESSIONAL RECORD — Extensions of Remarks March 31, 1998 JOSHUA AND DELORES CRUPI CEL- expected to return home after the War ended light in spending time with their grandchildren EBRATE GOLDEN WEDDING AN- and stay there for the rest of her life. How- and take great pleasure in the privilege of NIVERSARY ever, a young man, a native Washingtonian, grandparents everywhereÐspoiling their had other ideas. grandchildren. HON. ALBERT RUSSELL WYNN Joshua Crupi and Delores Ellington were married on March 30, 1948, in Forestville, Mr. Crupi is retired from the Office of the Ar- OF MARYLAND chitect of the Capitol's Senate Carpenter IN THE HOUSE OF REPRESENTATIVES Maryland, and took the first step on a long, challenging, and successful life's journey to- Shop; Mrs. Crupi is employed by the National Tuesday, March 31, 1998 gether. This journey has seen many events: Star Route Mail Contractors Association here Mr. WYNN. Mr. Speaker, I rise today to ask happy, exciting, sad and bittersweet. in Washington. my colleagues to join me in honoring two of Mr. and Mrs. Crupi are the parents of four Both Mr. and Mrs. Crupi are active mem- my constituents, Joshua and Delores Crupi, of children: Patricia J. Slater of Alexandria, Vir- bers of Electra Chapter No. 2, O.E.S., of the Temple Hills, Maryland, on the occasion of ginia; C. Steven Crupi of Havelock, North District of Columbia. their Golden Wedding Anniversary. This cou- Carolina; Pamela C. White of Mystic, Con- ple proves that with love, compromise, pa- necticut; and J. Gregory Crupi of Edgewater, Mr. Speaker, I ask that my colleagues join tience, perseverance, and understanding, a re- Maryland. In addition, they have a daughter-in- me in extending our very best wishes to Mr. lationship can stand the test of time and serve law, Christine, and a son-in-law. and Mrs. Joshua Crupi and our hope that they as an example for others. The lights of their lives are their seven won- may share many more years of happiness and During World War II, a young woman left derful grandchildren: Randa and James Slater; health. They are a wonderful example of the her native Kansas and came to Washington to Adam, Timothy and Kelly Crupi; and, Danielle very best our country has to offer and a shin- work for the Navy Department. I suspect, she and Alexander White. Mr. and Mrs. Crupi de- ing example to us all Tuesday, March 31, 1998 Daily Digest Senate Adopted: Chamber Action By a unanimous vote of 96 yeas (Vote No. 49), Routine Proceedings, pages S2781–S2878 Sessions/Enzi Amendment No. 2166, to express the Measures Introduced: Eleven bills and three reso- sense of Congress that the Federal Government lutions were introduced, as follows: S. 1883–1893 should acknowledge the importance of at-home par- and S. Res. 203–205. Pages S2850±51 ents and should not discriminate against families who forego a second income in order for a mother Measures Passed: or father to be at home with their children. Emergency Supplemental Appropriations: Pursu- Pages S2782±86 ant to the order of March 26, 1998, Senate passed Gregg Amendment No. 2167, to express the sense H.R. 3579, making emergency supplemental appro- of the Senate that this resolution assumes that no priations for recovery from natural disasters, and for immunity from liability will be provided to any overseas peacekeeping efforts, for the fiscal year end- manufacturer of a tobacco product. Pages S2809±11 ing September 30, 1998, after striking all after the By 79 yeas to 19 nays (Vote No. 51), Gregg/ enacting clause and inserting in lieu thereof the text Conrad Amendment No. 2168 (to Amendment No. of S. 1768, Senate companion measure, as passed by 2167), of a perfecting nature. Pages S2809±11 the Senate. Page S2826 Pending: The Senate insisted on its amendment, requested Kyl Amendment No. 2169, to express the sense a conference with the House thereon, and the Chair of the Congress regarding freedom of health care appointed the following conferees on the part of the choice for medicare seniors. Pages S2813±25 Senate: Senators Stevens, Cochran, Specter, Domen- Conrad/Lautenberg/Bingaman/Reed Amendment ici, Bond, Gorton, McConnell, Burns, Shelby, No. 2174, to ensure that the tobacco reserve fund in Gregg, Bennett, Campbell, Craig, Faircloth, the resolution protects public health. Pages S2831±41 Hutchison, Byrd, Inouye, Hollings, Leahy, Bumpers, Conrad (for Moseley-Braun) Amendment No. Lautenberg, Harkin, Mikulski, Reid, Kohl, Murray, 2175, to express the sense of the Senate regarding el- Dorgan, and Boxer. Page S2826 ementary and secondary school modernization and Recognizing the Tennessee Lady Volunteers: Sen- construction. Page S2781 ate agreed to S. Res. 203, expressing the sense of the Conrad (for Boxer) Modified Amendment No. Senate that the University of Tennessee Lady Volun- 2176, to increase Function 500 discretionary budget teers basketball team is the new dynasty in collegiate authority and outlays to accommodate an initiative women’s basketball. Pages S2826±27 promoting after-school education and safety. Pages S2812±13 Commending the University of Kentucky Bas- Brownback Amendment No. 2177, to express the ketball Team: Senate agreed to S. Res. 204, to com- sense of the Senate regarding economic growth, So- mend and congratulate the University of Kentucky cial Security, and Government efficiency. Page S2782 on its men’s basketball team winning its seventh Burns Amendment No. 2178, to express the sense National Collegiate Athletic Association champion- of the Senate regarding the use of agricultural trade ship. Pages S2827±28 programs to promote the export of United States ag- Congressional Budget: Senate resumed consider- ricultural commodities and products. Page S2782 ation of S. Con. Res. 86, setting forth the congres- Smith (Oregon) Amendment No. 2179, to express sional budget for the United States Government for the sense of the Senate on Social Security taxes. fiscal years 1999, 2000, 2001, 2002, and 2003 and Pages S2785±86 revising the concurrent resolution on the budget for Smith (Oregon) Amendment No. 2180, to express fiscal year 1998, taking action on amendments pro- the sense of the Senate with respect to the use of posed thereto, as follows: Pages S2781±S2826, S2828±47 marijuana for medicinal purpose. Pages S2786, S2814 D333 D334 CONGRESSIONAL RECORD — DAILY DIGEST March 31, 1998 Smith (Oregon) Amendment No. 2181, to express Domenici (for Roth) Amendment No. 2209, to the sense of the Senate concerning increases in the express the sense of the Senate that the Committee prices of tobacco products. Page S2786 on Finance shall consider and report a legislative Kennedy Amendment No. 2183, to express the proposal this year that would dedicate the Federal sense of the Senate concerning the enactment of a budget surplus to the establishment of a program of patient’s bill of rights. Pages S2786±87 personal retirement accounts for working Americans. Kennedy Amendment No. 2184, to increase Func- Page S2841 tion 500 discretionary budget authority and outlays Lautenberg (for Johnson) Amendment No. 2210, to support innovative education reform efforts in to express the sense of the Senate regarding repair urban and rural school districts. Pages S2786±87 and construction of Indian schools. Pages S2841±42 Kennedy Amendment No. 2185, to express the Allard Amendment No. 2170, to require the re- sense of the Congress regarding additional budget duction of the deficit, a balanced Federal budget, authority for the Equal Employment Opportunity and the repayment of the national debt. Commission. Pages S2786±87 Pages S2842±44 Wellstone Modified Amendment No. 2186, to Craig Amendment No. 2211, to modify the pay- provide a reserve fund to pay for increased Pell as-you-go requirement of the budget process to re- Grants by reducing or eliminating corporate welfare quire that direct spending increases be offset only tax expenditures. Pages S2799, S2813 with direct spending decreases. Pages S2844±47 Wellstone/Moynihan Amendment No. 2187, to During consideration of this measure today, Senate express the sense of the Senate regarding a report of the Secretary of Health and Human Services evaluat- also took the following action: Three-fifths of those Senators duly chosen and ing the outcomes of welfare reform. Page S2799 Wellstone Modified Amendment No. 2188, to sworn not having voted in the affirmative, Senate re- provide additional funds for medical care for veter- jected motions to waive certain provisions of the ans. Pages S2799±S2800, S2813 Congressional Budget Act with respect to consider- Thurmond Amendment No. 2191, to clarify out- ation of the following amendments: lay levels for major functional categories. By 46 yeas to 52 nays (Vote No. 50), Murray Pages S2811±12 Amendment No. 2165, to establish a deficit-neutral Thurmond Amendment No. 2192, to clarify out- reserve fund to reduce class size by hiring 100,000 lay levels for national defense. Pages S2811±12 teachers. Pages S2787±99 Lautenberg (for Hollings) Amendment No. 2193, By 50 yeas to 48 nays (Vote No. 52), Conrad (for to provide a supermajority point of order against any Dodd) Amendment No. 2173, to establish a deficit- change in the off-budget status of Social Security. neutral reserve fund for child care improvements. Page S2812 Pages S2800±09, S2811 Lautenberg Amendment No. 2194, to express the Subsequently, a point of order that the amend- sense of the Senate to ensure that the tobacco reserve ments were violations of the Congressional Budget fund in the resolution may be used to protect the Act was sustained, and the amendments thus fell. public health. Page S2812 Page S2811 Lautenberg Amendment No. 2195, to establish a A unanimous-consent agreement was reached pro- deficit-neutral reserve fund for environmental and viding for a vote to occur on Amendment No. 2169, natural resources. Page S2812 at 12 noon, and on Amendment No. 2174, at 2 Lautenberg (for Kohl/Reid) Amendment No. p.m., on Wednesday, April 1, 1998. Page S2878 2204, to express the sense of the Senate regarding Senate will continue consideration of the resolu- the establishment of a national background check tion on Wednesday, April 1, 1998. system for long-term care workers. Pages S2825±26 Lautenberg (for Durbin/Chafee) Amendment No. Foreign Affairs Reform and Restructuring Act 2205, to express the sense of Congress regarding the Conference Report—Agreement: A unanimous- right to affordable, high-quality health care for sen- consent time-agreement was reached providing for the consideration of the conference report on H.R. iors. Pages S2825±26 Reid/Bryan Amendment No. 2206, to express the 1757, to consolidate international affairs agencies, sense of the Senate that the landowner incentive pro- and to authorize appropriations for the Department gram included in the Endangered Species Recovery of State and related agencies for fiscal years 1998 Act should be financed from a dedicated source of and 1999. Page S2878 funding and that public lands should not be sold to Messages From the President: Senate received the fund the landowner incentive program of the Endan- following messages from the President of the United gered Species Recovery Act. Pages S2828±31 States: March 31, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D335 Transmitting a report concerning B–2 bombers; Secretary for Economic Business and Agricultural Af- referred to the Committee on Armed Services. fairs, both of the Department of State. (PM–116). Pages S2848±49 Subcommittee will meet again on Tuesday, April Nominations Received: Senate received the follow- 21. ing nominations: Nora M. Manella, of California, to APPROPRIATIONS—JUSTICE be United States District Judge for the Central Dis- Committee on Appropriations: Subcommittee on Com- trict of California vice Mariana R. Pfaelzer, retired. merce, Justice, State, and the Judiciary, and Related Page S2878 Agencies concluded hearings on proposed budget es- Messages from the President: Pages S2848±49 timates for fiscal year 1999 for the Department of Messages from the House: Page S2849 Justice, focusing on counter terrorism programs, after receiving testimony from Janet Reno, Attorney Measures Referred: Page S2849 General, and Louis J. Freeh, Director, Federal Bureau Communications: Pages S2849±50 of Investigation, both of the Department of Justice. Petitions: Page S2850 AUTHORIZATION—DEFENSE Statements on Introduced Bills: Pages S2851±62 Committee on Armed Services: Subcommittee on Strate- Additional Cosponsors: Pages S2862±63 gic Forces held hearings on proposed legislation au- thorizing funds for fiscal year 1999 for the Depart- Amendments Submitted: Pages S2864±72 ment of Defense and the future years defense pro- Authority for Committees: Page S2872 gram, focusing on strategic nuclear policy and relat- Additional Statements: Pages S2872±78 ed matters, receiving testimony from Edward L. Warner, III, Assistant Secretary of Defense for Strat- Record Votes: Four record votes were taken today. egy and Threat Reduction; Gen. Eugene E. Habiger, (Total—52) Pages S2786, S2799, S2811 USAF, Commander-in-Chief, United States Strategic Adjournment: Senate convened at 9:30 a.m., and Command; Adm. Stansfield Turner, USN (Ret.), adjourned at 10:02 p.m., until 10 a.m., on Wednes- former Director of Central Intelligence; Kathleen C. day, April 1, 1998. (For Senate’s program, see the Bailey, Lawrence Livermore National Laboratory/ remarks of the Acting Majority Leader in today’s University of California, Berkeley; Keith B. Payne, Record, on page S2878.) National Institute for Public Policy, Fairfax, Vir- ginia; and Bruce Blair, Brookings Institution, Wash- Committee Meetings ington, D.C. Subcommittee recessed subject to call. (Committees not listed did not meet) AUTHORIZATION—SURFACE APPROPRIATIONS—CFTC/FDA TRANSPORTATION BOARD Committee on Appropriations: Subcommittee on Agri- Committee on Commerce, Science, and Transportation: Sub- culture, Rural Development, and Related Agencies committee on Surface Transportation and Merchant concluded hearings on proposed budget estimates for Marine concluded hearings on S. 1802, authorizing fiscal year 1999, after receiving testimony in behalf funds for fiscal years 1999 through 2001 for the Sur- of funds for their respective activities from Brooksley face Transportation Board, after receiving testimony Born, Chairperson, Commodity Futures Trading from Linda J. Morgan, Chairman, Surface Transpor- Commission; and Michael A. Friedman, Lead Deputy tation Board, Department of Transportation; Ed Commissioner, Robert J. Byrd, Deputy Commis- Rastatter, National Industrial Transportation League, sioner for Management and Systems, and William B. Arlington, Virginia; Jon M. Huntsman, Jr., Hunts- Schultz, Deputy Commissioner for Policy, all of the man Corporation, Salt Lake City, Utah, on behalf of Food and Drug Administration, and Dennis P. Wil- the Chemical Manufacturers Association and the So- liams, Deputy Assistant Secretary for the Budget, all ciety of the Plastics Industry, Inc.; Kendell Keith, of the Department of Health and Human Services. Washington, D.C., and Ed Lauer, Attebury Grain Inc., Amarillo, Texas, both on behalf of the National APPROPRIATIONS—FOREIGN ASSISTANCE Grain and Feed Association; Robert G. Szabo, Con- Committee on Appropriations: Subcommittee on Foreign sumers United for Rail Equity, Terry C. Whiteside, Operations held hearings on proposed budget esti- Alliance for Rail Competition, James A. Hagen, As- mates for fiscal year 1999 for foreign assistance pro- sociation of American Railroads, and Edward grams, focusing on certain economic and political Wytkind, Transportation Trades Department issues, receiving testimony from Strobe Talbott, (AFL–CIO), all of Washington, D.C.; Robb Todd, Deputy Secretary, and Stuart E. Eizenstat, Under City Council of Houston, Texas; K. Earl Durden, D336 CONGRESSIONAL RECORD — DAILY DIGEST March 31, 1998 Rail Management and Consulting Corporation, Pan- Connecticut; Raymond Jackson, ATOP Academy, ama City Beach, Florida, on behalf of the American and Lisa Graham Keegan, Arizona Department of Shortline and Regional Railroads Association; and Education, on behalf of the Education Leaders Coun- Joseph M. Harrison, American Moving and Storage cil, both of Phoenix, Arizona; Tim Sindelar, Disabil- Association, Alexandria, Virginia. ity Law Center, Boston, Massachusetts; and Eric NORTHERN MARIANA ISLANDS Rofes, University of California at Berkeley. Committee on Energy and Natural Resources: Committee VA COMPENSATION FOR TOBACCO- concluded hearings on S. 1100 and S. 1275, bills to RELATED ILLNESSES make the United States Immigration and Nationality Act and the minimum wage provisions of the Committee on Veterans Affairs: Committee concluded United States Fair Labor Standards Act applicable to hearings on proposed legislation to limit the provi- the Commonwealth of the Northern Mariana Islands, sion of veterans’ benefits for tobacco-related disabil- and to impose certain restrictions on textile products ity and death, after receiving testimony from Togo manufactured in the Commonwealth, after receiving D. West, Jr., Acting Secretary, Joseph Thompson, testimony from Bruce Babbitt, Secretary of the Inte- Under Secretary for Benefits, John Thompson, Asso- rior; Commonwealth of the Northern Mariana Is- ciate General Counsel, Thomas Garthwaite, Deputy lands Governor Pedro P. Tenorio, Speaker of the Under Secretary for Health, and Mary Lou Kenner House of Representatives Diego T. Benavente, and and James Endicott, both a former General Counsel, President of the Senate Paul A. Manglona, both of all of the Department of Veterans Affairs; and Philip the Northern Marianas Commonwealth Legislature, R. Wilkerson, American Legion, David W. Gorman, Kerry McKinney, Saipan Chamber of Commerce, Disabled American Veterans, Gordon H. Mansfield, Eric Gregoire, Diocese of Chalan Kanoa, Ron Sablan, Paralyzed Veterans of America, Kenneth A. Stead- Hotel Association of the Northern Mariana Islands, man, Veterans of Foreign Wars, and William F. all of Saipan, Northern Mariana Islands; and Carlos Russo, Vietnam Veterans of America, all of Wash- Moore, American Textile Manufacturers Institute, ington, D.C. Washington, D.C. BUSINESS MEETING: IRS REFORM HOME HEALTH CARE ACCESS Committee on Finance: Committee ordered favorably Special Committee on Aging: Committee concluded reported an original bill to amend the Internal Reve- hearings to examine the effect on seniors of certain nue Code of 1986 to restructure and reform the In- policy changes to the home health care provisions ternal Revenue Service of the Department of the under Medicare as directed by the Balanced Budget Treasury, in lieu of H.R. 2676. Act of 1997, focusing on the interim payment sys- tem, venipuncture or the drawing of blood, and sur- CHARTER SCHOOLS ety bonds requirements, after receiving testimony Committee on Labor and Human Resources: Committee from Nancy-Ann Min DeParle, Administrator, concluded hearings to examine the role of charter Health Care Financing Administration, Department schools in educational reform, State and Federal ef- of Health and Human Services; Barbara Markham forts to help charter schools access Federal funds, and Smith, George Washington University Medical Cen- S. 1380 and H.R. 2616, bills to extend the author- ter, and William Dombi, Center for Health Care ization of funds through fiscal year 2002 for titles Law, on behalf of the National Association for Home VI and X of the Elementary and Secondary Edu- Care, both of Washington, D.C.; Cindi Slack, Sioux cation Act to expand the implementation of public Valley Hospital Visiting Nurses Association, Sioux charter schools, after receiving testimony from Sen- Falls, South Dakota; David J. Martin, Apple Home ator Lieberman; Representative Roemer; Cornelia M. Healthcare, Inc., Metairie, Louisiana; Linda Fanton, Blanchette, Associate Director for Education and Eastern Iowa Visiting Nurses and Home Health Employment Issues, Health, Education, and Human Care, Monticello; and James C. Pateidl, Lockton Services Division, General Accounting Office; Joan Companies, Kansas City, Missouri, on behalf of the Heffernan, Integrated Day Charter School, Norwich, National Association of Surety Bond Producers. March 31, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D337 House of Representatives were considered as adopted. These amendments pre- Chamber Action vent the Corps of Engineers from depositing fill on Bills Introduced: 13 public bills, H.R. 3602–3614; the site where the Kennewick Man remains were dis- and 2 resolutions, H. Con. Res. 256, and H. Res. covered in the State of Washington prior to the final 404 were introduced. Pages H1853±54 disposition of a District Court lawsuit; express the Reports Filed: Reports were filed as follows: Sense of the House concerning fiscal responsibility Report on the Revised Suballocation of Budget and reducing spending to offset supplemental appro- Totals for fiscal year 1998 (H. Rept. 105–475); and priations; and replaces a $243.6 million rescission of H. Res. 405, providing for consideration of H.R. FAA Grants-In-Aid contract authority with an off- 2400, to authorize funds for Federal-aid highways, setting rescission from the Section 8 Housing Re- highway safety programs, and transit programs (H. serve Account. Pages H1786±97 Rept. 105–476). Page H1853 Financial Services Act of 1997: H. Res. 403, the Speaker Pro Tempore: Read a letter from the rule providing for consideration of H.R. 10, to en- Speaker wherein he designated Representative hance competition in the financial services industry Snowbarger to act as Speaker pro tempore for today. by providing a prudential framework for the affili- Page H1779 ation of banks, securities firms, and other financial Recess: The House recessed at 9:56 a.m. and recon- service providers was called up for consideration and vened at 11:00 p.m. Page H1782 subsequently withdrawn. Pages H1824±31 Secret Session: By a recorded vote of 194 ayes to Presidential Message—B–2 Bomber Procure- 227 noes, Roll No. 86, rejected the Obey motion ment: Read a message from the President wherein that the House resolve itself into secret session, that he certifies to the Congress that no additional B–2 the galleries be cleared of all persons and that the bombers should be procured during this fiscal year— House Chamber be cleared of all persons except the referred to the Committees on Appropriations and Members of the House and those officers and em- National Security and ordered printed (H. Doc. ployees specified by the Speaker whose attendance on 105–236). Page H1831 the floor is essential to the functioning of the House Order of Business—Credit Union Membership and who subscribe to the notarized oath of confiden- Access Act: It was made in order that notwith- tiality. Page H1797 standing clause 1 of rule XXVII, it be in order at Emergency Supplemental Appropriations: The any time on Wednesday, April 1, 1998, for the House passed H.R. 3579, making emergency supple- Speaker to entertain a motion to suspend the rules mental appropriations for the fiscal year ending Sep- and pass the bill H.R. 1151, Credit Union Member- tember 30, 1998 by a yea and nay vote of 212 yeas ship Access Act. Page H1850 to 208 nays, Roll No. 88. Pages H1797±H1824 Rejected the Murtha motion to recommit the bill Senate Messages: Message received from the Senate to the Committee on Appropriations with instruc- appears on page 1782. tions to report it back to the House forthwith with Referral: S. 1751, to extend the deadline for sub- an amendment to strike Title II of the bill by a yea mission of a report by the Commission to Assess the and nay vote of 195 yeas to 224 nays, Roll No. 87. Organization of the Federal Government to Combat Pages H1822±23 the Proliferation of Weapons of Mass Destruction, Agreed to the Livingston amendment that pro- was referred to the Committee on International Rela- vides $20 million to the Community Development tions and the Permanent Select Committee on Intel- Block Grant Fund for use in states in the northeast ligence. Page H1850 impacted by the January 1998 ice storms and offset by a $20 million rescission in the section 8 Housing Quorum Calls—Votes: One quorum call (Roll No. 89), three yea and nay votes and one recorded vote Reserve Account. Pages H1820±22 H. Res. 402, the rule that provided for consider- developed during the proceedings of the House ation of the bill was agreed to by a yea and nay vote today and appear on pages H1796–97, H1797, of 220 yeas to 199 nays, Roll No. 85. Pursuant to H1823, H1824, and H1827. the rule, three amendments printed in part 1 of H. Adjournment: Met at 9:30 a.m. and adjourned at Rept. 105–473, the report accompanying the rule 8:50 p.m. D338 CONGRESSIONAL RECORD — DAILY DIGEST March 31, 1998 COUNTERFEITING INCREASE—PERSONAL Committee Meetings COMPUTERS COMMERCE, JUSTICE, STATE, AND Committee on Banking and Financial Services: Sub- JUDICIARY APPROPRIATIONS committee on Domestic and International Monetary Policy held a hearing to examine the increase in Committee on Appropriations: Subcommittee on Com- counterfeiting using personal computers. Testimony merce, Justice, State, and Judiciary held a hearing on was heard from the following officials of the Depart- the Immigration and Naturalization Service, the U.S. ment of the Treasury: Thomas Ferguson, Deputy Di- Trade Representative, and the International Trade rector, Bureau of Engraving and Printing; and Den- Administration. Testimony was heard from Doris nis F. Lynch, Special Agent in Charge, Counterfeit Meissner, Commissioner, Immigration and Natu- Division, U.S. Secret Service. ralization Service, Department of Justice; Charlene Barshefsky, U.S. Trade Representative; and David JOINT BUDGET RESOLUTION Aaron, Ambassador, Under Secretary, International Committee on the Budget: Task Force on Budget Proc- Trade, Department of Commerce. ess held a hearing on Joint Budget Resolution (Should the Budget be a Law?). Testimony was heard FOREIGN OPERATIONS, EXPORT from public witnesses. FINANCING AND RELATED PROGRAMS APPROPRIATIONS FCC REAUTHORIZATION Committee on Appropriations: Subcommittee on Foreign Committee on Commerce: Subcommittee on Tele- Operations, Export Financing and Related Programs communications, Trade, and Consumer Protection continued appropriation hearings. Testimony was held a hearing on reauthorization of the FCC. Testi- heard from Members of Congress and public wit- mony was heard from the following officials of the nesses. FCC: William E. Kennard, Chairman, Susan Ness, Harold W. Furchtgott-Roth, Michael K. Powell and INTERIOR APPROPRIATIONS Gloria Tristani, all Commissioners; Robert P. Mur- Committee on Appropriations: Subcommittee on Interior phy, General Counsel, GAO; and a public witness. held a hearing on the National Park Service and the WORKPLACE COMPETITIVE ISSUES National Forest Service. Testimony was heard from Robert Stanton, Director, National Park Service, De- Committee on Education and the Workforce: Subcommit- partment of the Interior; and Michael Dombeck, tee on Oversight and Investigations held a hearing Chief, Forest Service, USDA. on American Work Project: Workplace Competitive Issues. Testimony was heard from Representative LABOR-HHS-EDUCATION Goodling; John R. Fraser, Acting Administrator, APPROPRIATIONS Wage and Hour Division, Department of Labor; and public witnesses. Committee on Appropriations: Subcommittee on Labor, Health and Human Services, and Education held a FOREIGN CAMPAIGN CONTRIBUTIONS hearing on Vocational and Adult Education, Special Committee on Government Reform and Oversight: Held a Education and Rehabilitative Services, Educational hearing on FEC Enforcement Actions: Foreign Cam- Research and Improvements and the Office of In- paign Contributions and Other FECA Violations. spector General. Testimony was heard from the fol- Testimony was heard from the following officials of lowing officials of the Department of Education: Pa- the FEC: Scott E. Thomas, Vice Chairman; Lawrence tricia W. McNeil, Assistant Secretary, Vocational M. Noble, General Counsel; Lois Lerner, Associate and Adult Education; Judith E. Heumann, Assistant General Counsel; and Jose Rodriguez, Staff Attorney. Secretary, Special Education and Rehabilitative Serv- ices; Ricky T. Takai, Acting Assistant Secretary, COUNTER-NARCOTICS POLICY—COLOMBIA Educational Research and Improvement; and Steven Committee on International Relations: Held a hearing on A. McNamara, Acting Inspector General. U.S. Counter-Narcotics Policy Towards Colombia. Testimony was heard from Randy Beers, Acting As- VA-HUD-INDEPENDENT AGENCIES sistant Secretary, Bureau of International Narcotics APPROPRIATIONS and Law Enforcement Affairs, Department of State; Committee on Appropriations: Subcommittee on VA- Gen. Charles E. Wilhelm, USMC, Commander-in- HUD and Independent Agencies held a hearing on Chief, U.S. Southern Command, Department of De- NASA. Testimony was heard from Daniel S. Goldin, fense; Gen. Jose Serrano, Director General, National Administrator, NASA. Police, Colombia; and public witnesses. March 31, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D339 BETRAYAL OF SREBRENICA DOMAIN NAMES SYSTEMS Committee on International Relations: Subcommittee on Committee on Science: Subcommittee on Basic Research International Operations and Human Rights held a and the Subcommittee on Technology held a joint hearing on the Betrayal of Srebrenica: Why did the oversight hearing on Domain Names Systems: Massacre Happen? Will It Happen Again? Testi- Where Do We Go From Here? Testimony was heard mony was heard from public witnesses. from Ira Magaziner, Senior Advisor to the President BUILDING EFFICIENT SURFACE for Policy Development, Department of Commerce; TRANSPORTATION AND EQUITY ACT and public witnesses. Committee on Rules: Granted, by voice vote, a modi- ELECTRICITY DEREGULATION fied closed rule on H.R. 2400, Building Efficient Surface Transportation and Equity Act of 1998, pro- Committee on Science: Subcommittee on Energy and viding two hours of general debate equally divided Environment held an oversight hearing on Electricity between the chairman and ranking minority member Deregulation: Implications for Research and Devel- of the Committee on Transportation and Infrastruc- opment and Renewable Energy. Testimony was ture and thirty minutes equally divided between the heard from Victor S. Rezendes, Director, Energy Re- chairman and ranking minority member of the Com- sources and Science Issues, GAO; David Rohy, Vice mittee on Ways and Means. The rule waives all Chair, Energy Commission, State of California; and points of order against consideration of the bill. The public witnesses. rule makes in order the amendment in the nature of a substitute as recommended by the Committee on WATER RESOURCES DEVELOPMENT ACT— Transportation and Infrastructure, as modified by the PROPOSAL amendment recommended by the Committee on Committee on Transportation and Infrastructure: Sub- Ways and Means now printed in the bill and as modified by the amendment printed in part 1 of the committee on Water Resources and Environment report of the Committee on Rules, as an original bill held a hearing on Proposals for a Water Resources for the purpose of amendment which shall be consid- Development Act of 1998. Testimony was heard ered as read. The rule waives all points of order from public witnesses. against consideration of the amendment in the na- ture of a substitute, as modified. The rule makes in TAX RETURN FILING SEASON; IRS order only those amendments printed in part 2 of BUDGET the report of the Committee on Rules and waives all Committee on Ways and Means: Subcommittee on points of order against the amendments. The rule Oversight held a hearing on the 1998 Tax Return provides that the amendments made in order under Filing Season and the IRS Budget for Fiscal Year part 2 of the report shall be considered only in the 1999. Testimony was heard from Charles O. order specified, shall be considered as read, shall be Rossotti, Commissioner, IRS, Department of the debatable for the time specified in the report equally Treasury; Lynda D. Willis, Director, Tax Policy and divided and controlled by the proponent and an op- Administration Issues, GAO; and public witnesses. ponent, shall not be subject to amendment, and shall not be subject to a demand for a division of the AMERICAS FREE TRADE AREA question in the House or in the Committee of the Whole. The rule allows the Chairman of the Com- Committee on Ways and Means: Subcommittee on mittee of the Whole to postpone votes during con- Trade held a hearing on Free Trade Area of the sideration of the bill, and to reduce voting time to Americas. Testimony was heard from Representative five minutes on a postponed question if the vote fol- Farr; Richard Fisher, Deputy U.S. Trade Representa- lows a fifteen minute vote. Finally, the rule provides tive; and public witnesses. one motion to recommit, with or without instruc- tions. Testimony was heard from Representatives HUMAN INTELLIGENCE AND COVERT Shuster, Petri, Baker, Archer, Bilbray, Hunter, Rou- ACTION kema, Kasich, Morella, Shays, Parker, Canady, Cas- Permanent Select Committee on Intelligence: Met in execu- tle, Inglis of South Carolina, McKeon, McIntosh, tive session to hold a hearing on Human Intelligence Graham, Hayworth, Barr of Georgia, Ryan, Largent, and Covert Action. Testimony was heard from de- Oberstar, Obey, Spratt. DeLauro, Moran of Virginia, partmental witnesses. Norton and Minge. D340 CONGRESSIONAL RECORD — DAILY DIGEST March 31, 1998 COMMITTEE MEETINGS FOR Committee on Indian Affairs, business meeting, to mark WEDNESDAY, APRIL 1, 1998 up S. 1797, to reduce tobacco use by Native Americans and to make the proposed tobacco settlement applicable (Committee meetings are open unless otherwise indicated) to tobacco-related activities on Indian lands, and S. 1279, Senate proposed Indian Employment Training and Related Serv- Committee on Appropriations, Subcommittee on Military ices Demonstration Act, and to consider the nomination Construction, to hold hearings on proposed budget esti- of Katherine L. Archuleta, of Colorado, to be a Member mates for fiscal year 1999 for military construction, focus- of the Institute of American Indian and Alaska Native ing on the Department of Defense’s Base Realignment Culture and Arts Development; to be followed by hear- and Closure Commission’s (BRAC) environmental pro- ings on proposed legislation to revise the Indian Gaming grams, 9 a.m., SD–138. Regulatory Act of 1988, 10:30 a.m., SD–106. Subcommittee on Interior, to hold hearings on pro- posed budget estimates for fiscal year 1999 for the De- House partment of the Interior, 9:30 a.m., SD–124. Committee on Agriculture, Subcommittee on Risk Man- Subcommittee on Defense, to hold hearings on pro- agement and Specialty Crops, hearing to review the 1999 posed budget estimates for fiscal year 1999 for Depart- World Trade Organization Multilateral Trade Negotia- ment of Defense medical programs, 10 a.m., SD–192. tions, 9 a.m., 1300 Longworth. Subcommittee on Labor, Health and Human Services, Committee on Appropriations, Subcommittee on Com- and Education, to hold hearings on proposed budget esti- mates for fiscal year 1999 for the National Institutes of merce, Justice, State, and Judiciary, on the EEOC, 10 Health, Department of Health and Human Services, 2 a.m., and public witnesses, 11 a.m., and 2 p.m., H–309 p.m., SD–192. Capitol. Committee on Banking, Housing, and Urban Affairs, Sub- Subcommittee on Foreign Operations, Export Financ- committee on Financial Services and Technology, to hold ing and Related Programs, on Human Rights, 10 a.m., hearings to examine how identity theft contributes to H–140 Capitol. electronic crime, 10:30 a.m., SD–538. Subcommittee on Interior, on Members on Congress, Committee on Commerce, Science, and Transportation, busi- 10 a.m., B–308, Rayburn. ness meeting, to mark up proposed legislation to reform Subcommittee on Labor, Health and Human Services, and restructure the process by which tobacco products are and Education, on Postsecondary Education, 10 a.m., on manufactured, marketed, and distributed, to prevent the the Office for Civil Rights; and the Institute of Museum use of tobacco products by minors, and to redress the ad- and Library Services, 2 p.m., 2358 Rayburn. verse health effects of tobacco use, 9:30 a.m., SH–216. Subcommittee on VA–HUD and Independent Agen- Committee on Energy and Natural Resources, Subcommittee cies, on NSF, 9:30 a.m., 2359 Rayburn. on National Parks, Historic Preservation, and Recreation, Committee on Banking and Financial Services, Subcommit- to hold hearings on titles I, II, III, and V of S. 1693, tee on General Oversight and Investigations, hearing on to renew, reform, reinvigorate, and protect the National the Operations of the Department of the Treasury’s Fi- Park System, 2 p.m., SD–366. nancial Crimes Enforcement Network, (‘‘FinCEN’’), 1 Committee on Environment and Public Works, to hold hear- p.m., 2128 Rayburn. ings to examine indoor air quality and involuntary expo- Subcommittee on Housing and Community Oppor- sure to environmental tobacco smoke or second-hand tunity, hearing on FHA-Single Family Property Disposi- smoke in the workplace and in homes, 1:30 p.m., tion, 10 a.m., 2128 Rayburn. SD–406. Committee on the Budget, Task Force on Budget Process, Committee on Governmental Affairs, to hold hearings on hearing on Budget Projections and Baselines, 10 a.m., the nomination of Melvin R. Wright, to be an Associate 210 Cannon. Judge of the Superior Court of the District of Columbia, Committee on Commerce, Subcommittee on Oversight and 9 a.m., SD–342. Full Committee, to hold hearings to examine the Year Investigations, hearing on Food and Drug Administration 2000 computer transition, 10 a.m., SD–342. (FDA) Management Concerns, 10:30 a.m., 2322 Ray- Full Committee, business meeting, to consider pending burn. calendar business, 4 p.m., S–211, Capitol. Subcommittee on Telecommunications, Trade, and Committee on the Judiciary, Subcommittee on Antitrust, Consumer Protection, hearing on Video Competition: Business Rights, and Competition, to hold hearings to Multichannel Programming, focusing on the following examine airline competition and pricing, 10 a.m., bills; H.R. 2921, Multichannel Video Competition and SD–226. Consumer Protection Act of 1997; and H.R. 3210, Copy- Committee on Labor and Human Resources, business meet- right Compulsory License Improvement Act, 10:30 a.m., ing, to mark up S. 1754, to consolidate and authorize 2123 Rayburn. funds for health professions and minority and disadvan- Committee on Education and the Workforce, to markup the taged health professions and disadvantaged health edu- following: H.R. 2888, Sales Incentive Compensation Act; cation programs, proposed legislation authorizing funds H.R. 2327, Drive for Teen Employment Act; and H. for programs of the Higher Education Act, and to con- Res. 399, urging the Congress and the President to work sider pending nominations, 1:30 p.m., SD–430. to fully fund the Federal Government’s obligation under March 31, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D341 the Individuals with Disabilities Education Act; to ap- of the 50th anniversary of the founding of the modern prove contract agreements regarding the oversight inves- State of Israel and reaffirming the bonds of friendship and tigation of the International Brotherhood of Teamsters cooperation between the United States and Israel, 1 p.m., election and to consider pending Committee business, 2172 Rayburn. 10:30 a.m., 2175 Rayburn. Committee on the Judiciary, to markup the following: Committee on Government Reform and Oversight, Sub- H.R. 872, Biomaterials Access Assurance Act of 1997; committee on Government Management, Information, H.R. 2925, Deadbeat Parents Punishment Act of 1997; and Technology, hearing on Federal Consolidated Finan- H.R. 3565, Care for Police Survivors Act of 1998; H.R. cial Statements: Can the Federal Government Balance Its 2281, WIPO Copyright Implementation Act; H.R. 3209, Books, 9:30 a.m., 2154 Rayburn. On-Line Copyright Infringement Liability Limitation Committee on International Relations, to mark up the follow- Act; and H.R. 3206, Fair Housing Amendments Act of ing: H. Res. 350, congratulating the people of Sri Lanka 1998; and to consider private bills, 10 a.m., 2141 Ray- on the occasion of the fiftieth anniversary of their nation’s burn. independence; H. Con. Res. 218, concerning the urgent Committee on National Security, Subcommittee on Mili- need to establish a cease fire in Afghanistan and begin tary Procurement, hearing on the results of the Long the transition toward a broad-based multiethnic govern- Range Airpower Panel, 10 a.m., 2118 Rayburn. ment that observes international norms of behavior; H. Committee on Science, to continue oversight hearings on Res. 374, expressing the sense of the House of Represent- Math and Science Education II, Attracting and Graduat- atives regarding the ongoing violence in Algeria; H. Con. ing Scientists and Engineers Prepared to Succeed in Aca- Res. 222, expressing the sense of Congress, congratulat- demia and Industry, 10 a.m., 2318 Rayburn. ing the former International Support and Verification Committee on Transportation and Infrastructure, Sub- Commission of the Organization of American States committee on Public Buildings and Economic Develop- (OAS–CIAV) for successfully aiding in the transition of ment, hearing on GSA FY 1999 Budget and related Nicaragua from a war-ridden state into a newly formed Issues, 10:30 a.m., 2253 Rayburn. democracy and providing continued support through the Subcommittee on Railroads, hearing on Federal Rail- recently created Technical Cooperation Mission road Administration Reauthorization: Safety Hardware (OAS–TCM) which is responsible for helping to stabilize Issues, 10:30 a.m. 2167 Rayburn. Nicaraguan democracy by supplementing institution Committee on Veterans’ Affairs, to mark up H.R. 3603, building; H. Con. Res. 215, congratulating the people of to authorize major medical facility projects and major the Co-operative Republic of Guyana for holding medical facility leases for the Department of Veterans Af- multiparty elections; S. Con. Res. 37, expressing the fairs for fiscal year 1999, 10 a.m., 334 Cannon. sense of the Congress that Little League Baseball Incor- Committee on Ways and Means, hearing on the use of an porated was established to support and develop Little Expert Panel to Design Long-Range Social Security Re- League baseball worldwide and that its international char- form, 10 a.m., 1100 Longworth. acter and activities should be recognized; and H.J. Res. Permanent Select Committee on Intelligence, executive, hear- 102, expressing the sense of the Congress on the occasion ing on DCI Wrap-up, 10 a.m., H–405, Capitol. D342 CONGRESSIONAL RECORD — DAILY DIGEST March 31, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, April 1 10 a.m., Wednesday, April 1

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday, Consideration of 1 Suspen- ation of S. Con. Res. 86, Congressional Budget. sion: H.R. 1151, Credit Union Membership Access Act; and Consideration of H.R. 2400, Building Efficient Surface Transportation and Equity Act (modified closed rule, 2 hours of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Jay W., Wisc., E530 Packard, Ron, Calif., E527 Kanjorski, Paul E., Pa., E532 Redmond, Bill, N.M., E528 Bentsen, Ken, Tex., E526 Kind, Ron, Wisc., E528 Ros-Lehtinen, Ileana, Fla., E533 Blunt, Roy, Mo., E533 Klug, Scott L., Wisc., E535 Roukema, Marge, N.J., E525 Cooksey, John, La., E528 Kolbe, Jim, Ariz., E526 Rush, Bobby L., Ill., E534 Cramer, Robert E. (Bud), Jr., Ala., E528 LaFalce, John J., N.Y., E530 Sabo, Martin Olav, Minn., E531 Etheridge, Bob, N.C., E535 Lipinski, William O., Ill., E532 Schumer, Charles E., N.Y., E534 Filner, Bob, Calif., E528 Lofgren, Zoe, Calif., E535 Solomon, Gerald B.H., N.Y., E529, E531, E532 Forbes, Michael P., N.Y., E529 McDermott, Jim, Wash., E529 Stark, Fortney Pete, Calif., E527 Gekas, George W., Pa., E533 McIntosh, David M., Ind., E531 Taylor, Charles H., N.C., E525 Gilman, Benjamin A., N.Y., E529, E533 Moakley, John Joseph, Mass., E534 Wolf, Frank R., Va., E525 Jackson-Lee, Sheila, Tex., E528 Morella, Constance A., Md., E534 Wynn, Albert Russell, Md., E536

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