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

Vol. 145 WASHINGTON, TUESDAY, MARCH 2, 1999 No. 32 House of Representatives The House met at 10:30 a.m. and was enter the United States for an exorbi- for funds spent on the detention of im- called to order by the Speaker pro tem- tant fee of $8,000 to $10,000 per person. migrants pursuant to this act. We must pore (Mr. STEARNS). After undergoing an arduous journey put a stop to this gross offense of f under fetid, unsanitary conditions, the human rights and promotion of crimi- Chinese reach Guam dehydrated, hun- nal activities. DESIGNATION OF SPEAKER PRO gry, disease-ridden and sometimes Secondarily, Mr. Speaker, I am intro- TEMPORE beaten. Upon arrival, the smuggled ducing a companion measure intro- The SPEAKER pro tempore laid be- Chinese become indentured servants as duced in the other body by Senator fore the House the following commu- they attempt to pay their passage to DANIEL INOUYE, S. 184. This legislation nication from the Speaker: America. permanizes a temporary judgeship in WASHINGTON, DC, Unlike other streams of illegal immi- the State of Hawaii and authorizes the March 2, 1999. grants coming into the United States, addition of another judgeship for the I hereby appoint the Honorable CLIFF these immigrants come as a result of a State. It also extends statutory au- STEARNS to act as Speaker pro tempore on well-organized series of activities orga- thority for magistrate positions in this day. nized by crime syndicates. What they Guam and the CNMI. J. DENNIS HASTERT, do, Mr. Speaker, is they utilize the ex- Guam and the CNMI are the only ju- Speaker of the House of Representatives. isting INS regulations, they utilize the risdictions, the only territories, that f INA law in order to apply for political are not allowed to have additional MORNING HOUR DEBATES asylum when they arrive on Guam. magistrates, and Guam’s district court Guam’s geographical proximity and is ranked number five in terms of its The SPEAKER pro tempore. Pursu- asylum acceptance regulations make it caseload nationwide. We get a lot of ant to the order of the House of Janu- a prime target for crime syndicates. cases because of the illegal immi- ary 19, 1999, the Chair will now recog- According to Guam’s INS officer in grants, because Guam is a central loca- nize Members from lists submitted by charge, Mr. David Johnston, about 700 tion. We have opportunities for drug the majority and minority leaders for illegal Chinese immigrants traveled to dealers and gun runners to use Guam morning hour debates. The Chair will Guam last year. Since the beginning of as a transshipment point. Bankruptcy, alternate recognition between the par- this year alone, 157 have been appre- tax and civil cases have tripled in 1998. ties, with each party limited to 30 min- hended by INS, local Guam officials This is a cost-saving measure. This utes, and each Member, except the ma- and the U.S. Coast Guard. Since the will allow the Federal judiciary to send jority leader, the minority leader, or INS does not have enough funds to de- an additional magistrate and not send the minority whip, limited to 5 min- tain the Chinese illegal immigrants on one temporarily, which runs about utes. Guam, they have proposed to release $400,000 a year. The Chair recognizes the gentleman them to the general populace without f from Guam (Mr. UNDERWOOD) for 5 min- assistance. Fortunately, the Govern- utes. ment of Guam has offered its already UNFAIRNESS IN TAX CODE: f strained resources to detain the illegal MARRIAGE TAX PENALTY aliens until they are ready to be adju- The SPEAKER pro tempore. Under INTRODUCTION OF GUAM IMMI- dicated. the Speaker’s announced policy of Jan- GRATION BILL AND MAGISTRATE Mr. Speaker, Chinese crime syn- uary 19, 1999, the gentleman from Illi- BILL dicates have exploited Immigration nois (Mr. WELLER) is recognized during Mr. UNDERWOOD. Mr. Speaker, and Nationality Act asylum regula- morning hour debates for 5 minutes. today I am introducing two pieces of tions for too long. The bill I introduce Mr. WELLER. Mr. Speaker, I have legislation which are important to the does three things: the privilege of representing a very di- people of Guam. Today I am introduc- It would prohibit immigrants from verse district, probably the most di- ing a bill which will significantly im- applying for political asylum on Guam, verse district in the State of Illinois pact human rights violations and an exception from the INA law which is representing part of the City of Chi- criminal activity on Guam. During the applicable to territories; it would stip- cago and the south suburbs, Cook and past year, Guam has experienced a sig- ulate that the illegal immigrants have Will counties, and a lot of bedroom and nificant influx of Chinese illegal immi- to be shipped or deported out of Guam rural and farm communities. grants. Chinese crime syndicates orga- within 30 days; and that the Govern- When you represent a district as di- nize boatloads of Chinese to illegally ment of Guam should be compensated verse as the one I have the privilege of

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.

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. H828 CONGRESSIONAL RECORD — HOUSE March 2, 1999 representing, you really have to listen people don’t mind paying taxes.’’ Here While President Clinton paraded a long list to learn the common concerns of such is why. Today our tax burden is at its of new spending for new big government pro- a diverse constituency. I find a pretty highest level ever in peacetime history gramsÐwe believe that a top priority after clear message as I listen and learn the for our country. Today, for the average saving Social Security and paying down the concerns of the people of the south side family back home in Illinois, 40 per- national debt should be returning the budget of Chicago and the south suburbs and cent of their income goes to govern- surplus to America's families as additional that is that the folks back home want ment at local, State and Federal levels. middle-class tax relief. us to work together, they want us to In fact, 21 percent of our gross domes- This Congress has given more tax relief to find solutions, they want us to meet tic product goes to the Federal Govern- the middle class and working poor than any the challenges, they want us to offer ment alone. And, since 1992, and I find Congress of the last half century. and work together to find solutions. this very disturbing, the amount of I think the issue of the marriage penalty can I am pleased that, over the last 4 taxes collected from individuals has best be framed by asking these questions: Do years, this Congress has responded to gone up 63 percent. Clearly, the tax Americans feel it's fair that our tax code im- that request to get things done. We burden is too high, and the middle poses a higher tax penalty on marriage? Do have got some real accomplishments class is paying the price. Americans feel it's fair that the average mar- that we all should be proud of: I believe as we focus on ways to lower ried working couple pays almost $1,400 more Balancing the budget for the first the tax burden on the middle class that in taxes than a couple with almost identical in- time in 28 years, a balanced budget we should start with simplifying our come living together outside of marriage? Is it that is now projected to produce a $2.7 Tax Code, looking for the provisions in right that our tax code provides an incentive to trillion overpayment of extra tax reve- our Tax Code that discriminate against get divorced? nue that is now known as a surplus. the middle class, that discriminate In fact, today the only form one can file to The first middle-class tax cut in 16 against families. I believe it is time avoid the marriage tax penalty is paperwork years. It is going to benefit 3 million Il- that we eliminate discrimination in for divorce. And that is just wrong. linois children who qualify for the $500 the Tax Code and work to simplify the Since 1969, our tax laws have punished per child tax credit. Tax Code. married couples when both spouses work. For The first welfare reform in a genera- As we set priorities, let us make the no other reason than the decision to be joined tion. That has now seen the results of top priority eliminating the discrimi- in holy matrimony, more than 21 million cou- reducing Illinois welfare rolls by 28 per- nation against 21 million married ples a year are penalized. They pay more in cent. working couples who, on average, pay taxes than they would if they were single. Not And IRS reform that tames the tax $1,400 more in higher taxes just because only is the marriage penalty unfair, it's wrong collector and shifts the burden of proof they are married under our Tax Code. that our tax code punishes society's most off the backs of the taxpayer and onto Is it not wrong that, under our Tax basic institution. The marriage tax penalty the IRS, so a taxpayer is innocent until Code, if you are married and work, you proven guilty with the IRS. exacts a disproportionate toll on working are going to pay higher taxes than an women and lower income couples with chil- Folks back home say, ‘‘That’s pretty identical couple living together outside good. What are you going to do next?’’ dren. In many cases it is a working women's of marriage? That is wrong. issue. When I listen to the folks back home $1,400 back home in Illinois is a over the last few weeks, they tell me Let me give you an example of how the year’s tuition at Joliet Junior College. marriage tax penalty unfairly affects middle they want good schools, they want It is 3 months of day care at a local day lower taxes, they want a secure retire- class married working couples. care center. It replaces a washer and a For example, a machinist, at a Caterpillar ment. And it is our obligation to re- dryer in a home for a middle-class Illi- spond. That is really what our Repub- manufacturing plant in my home district of Jo- nois family. liet, makes $31,500 a year in salary. His wife lican agenda is: to help our schools, to I am pleased to tell you that 230 is a tenured elementary school teacher, also put more dollars into the classroom Members of this House, Republicans bringing home $31,500 a year in salary. If they and ensure that our schools are run by and Democrats, have joined together to would both file their taxes as singles, as indi- local teachers and local parents and sponsor the Marriage Tax Elimination viduals, they would pay 15%. local administrators and locally elect- Act. This year, as we work to lower the ed school board members, to lower the tax burden on middle-class families, let MARRIAGE PENALTY EXAMPLE tax burden on the middle class and to us make elimination of the marriage secure retirement by saving Social Se- tax penalty the number-one priority to Machin- School Couple H.R. 6 curity, providing greater incentives to help families. ist teacher save for your own retirement. Mr. Speaker, we can do it if we work Adjusted gross income ...... $31,500 $31,500 $63,000 $63,000 But we also face what can be consid- Less personal exemption and together. The same way that we bal- standard deduction ...... 6,950 6,950 12,500 13,900 ered a great challenge but also an op- anced the budget, the same way that (singles portunity and that is, what do we do we cut taxes for the middle class, the 2) Taxable income ...... 24,550 24,550 50,500 49,100 with this so-called surplus, this $2.7 same way that we reformed welfare, ( .15) ( .15) (partial ( .15) trillion of extra money that is burning the same way that we tamed the IRS, .28) Tax liability ...... 3,682.5 3,682.5 8,635 7,365 a hole in the pocket of Washington? we can eliminate the marriage tax pen- Somebody wants to do something with Marriage penalty: $1,270. alty. Relief: $1,270. it. We know that. But what are we Mr. Speaker, I rise today to highlight what is going to do? That is a big debate, what arguably the most unfair provision in the U.S. But if they chose to live their lives in holy to do with the overpayment of $2.7 tril- Tax Code: the marriage tax penalty. I want to matrimony, and now file jointly, their combined lion. thank you for your long term interest in bring- income of $61,000 pushes them into a higher The President says we should take 62 ing parity to the tax burden imposed on work- tax bracket of 28 percent, producing a tax percent of that so-called surplus and ing married couples compared to a couple liv- penalty of $1,400 in higher taxes. use it to save Social Security, and then ing together outside of marriage. On average, America's married working he wants to spend the rest on new gov- Many may recall in January, President Clin- couples pay $1,400 more a year in taxes than ernment programs. Republicans say, ton gave his State of the Union Address out- individuals with the same incomes. That's seri- we agree. We will take 62 percent of the lining many of the things he wants to do with ous money. Millions of married couples are surplus for saving Social Security, but the budget surplus. Although we were pre- still stinging from April 15th's tax bite and we want to give the rest back in paying pared to dedicate 90 percent of the budget more married couples are realizing that they down the debt and lowering the tax surplus to saving Social Security, we agree are suffering the marriage tax penalty. burden on the middle class, because our with the President that at least 62% of the Particularly if you think of it in terms of: a philosophy is that you can spend your Budget Surplus must be used to save Social downpayment on a house or a car, one year's hard-earned dollars better back at Security. tuition at a local community college, or several home than we can for you here in A surplus provided by the bipartisan budget months worth of quality child care at a local Washington. agreement which: cut waste, put America's fis- day care center. Some say, ‘‘Well, gee, why do we cal house in order, and held Washington's feet To that end, U.S. Representative DAVID really need to lower taxes? You know, to the fire to balance the budget. MCINTOSH (R±IN) and U.S. Representative March 2, 1999 CONGRESSIONAL RECORD — HOUSE H829

PAT DANNER (D±MO) and I have authored fought for our belief that we could balance helping communities find ways to pro- H.R. 6, The Marriage Tax Elimination Act. the budget and provide tax relief for Ameri- mote livability, I am excited to see the H.R. 6, The Marriage Tax Elimination Act, ca’s working families. For months we were attention that has been accorded lately told by Washington insiders and the media will increase the tax brackets (currently at 15% that it couldn’t be done. Well, we proved to the livable communities movement. for the first $24,650 for singles, whereas mar- them wrong, and we did it ahead of schedule. It is clear that we do not need a lot ried couples filing jointly pay 15% on the first Today Congress has a great opportunity as of new rules and regulations and man- $41,200 of their taxable income) to twice that well as a significant challenge before it. A dates and stipulations to be able to enjoyed by singles; H.R. 6 would extend a massive surplus of extra tax revenue is pro- make sure that we achieve that goal. It married couple's 15% tax bracket to $49,300. jected as a result of a balanced budget. The is indeed the simplest step for us to Thus, married couples would enjoy an addi- challenge lies in what Congress chooses to do with the budget surplus. take for the Federal Government to tional $8,100 in taxable income subject to the Saving Social Security is the first priority just be a constructive partner with low 15% tax rate as opposed to the current for the surplus. It’s a bipartisan consensus. State, local governments and the pri- 28% tax rate and would result in up to $1,215 Last fall, House Republicans showed tremen- vate sector, working with them to in tax relief. dous responsibility and leadership by passing make communities work better. One Additionally the bill will increase the stand- a plan that earmarked 90 percent of the sur- small but important step would be to ard deduction for married couples (currently plus for Social Security. President Clinton have Federal agencies like the post of- $6,900) to twice that of singles (currently at used this month’s State of the Union mes- sage to call for setting aside a minimum of fice obey the same rules and regula- $4,150). Under H.R. 6 the standard deduction 62 percent of the surplus ($2.7 trillion over 15 tions requirements that we require on for married couples filing jointly would be in- years) for Social Security. homeowners and businesses. creased to $8,300. Although we were prepared to set aside There are over 40,000 post offices all H.R. 6 enjoys the bipartisan support of 230 much more to save Social Security, Repub- across America who are these little co-sponsors along with family groups, includ- licans agree to the president’s request to set outposts that bring communities to- aside 62 percent of the surplus for Social Se- ing: American Association of Christian gether, and there are opportunities Schools, American Family Association, Chris- curity. But the question remains of what to do with the rest. President Clinton proposes from coast to coast, border to border to tian Coalition, Concerned Women for America, to spend it on big, new, expensive programs; be able to promote livable commu- Ethics and Religious Liberty Commission of Republicans want to give this back as tax re- nities by being constructive partners. the Southern Baptist Convention, Family Re- lief. Unfortunately, the post office has not search Council, Home School Legal Defense Those who oppose tax cuts will fight tooth always lived up to that ideal. Today, in and nail against lowering today’s tax burden. Association, the National Association of the USA Today, there is an article Evangelicals and the Traditional Values Coali- According to the U.S. Treasury, the total in- come tax take from individuals and families about Tully, New York, and their tion. has increased 63 percent since 1992. In fact, struggle with the post office. Last It isn't enough for President Clinton to sug- according to the Tax Foundation, if you add week, it was Byron, California, and gest tax breaks for child care. The President's up the local, state and federal tax burden, Discovery Bay. child care proposal would help a working cou- taxes are almost 40 percent of the average Now, I bring this forward not with ple afford, on average, three weeks of day family’s income. Wouldn’t most people agree any animosity toward the Postal Serv- that today’s tax burden is too high? care. Elimination of the marriage tax penalty ice. To the contrary. I think it is ter- would give the same couple the choice of pay- We can save Social Security and cut taxes at the same time. Some say we can’t—they rific that we can, for less than a dollar, ing for three months of child careÐor address- were the same ones who opposed balancing send three handwritten letters all ing other family priorities. After all, parents the budget and cutting taxes. We proved across the country, have them be deliv- know better than Washington what their family them wrong. For example, using only 25 per- ered in a matter of days, that they are needs. cent of the surplus (allowing for an addi- delivered by employees who give back We fondly remember the 1996 State of the tional 13 percent of the surplus to be dedi- to the community, who usually do not cated to shoring up Social Security or pay- Union address when the President declared just give the postal service but they do emphatically that, quote ``the era of big gov- ing down the national debt) we could enact a 10 percent across-the-board tax cut for all so with a smile. ernment is over.'' It is a critical function that helps We must stick to our guns, and stay the American taxpayers while still eliminating the unfair marriage tax penalty and reliev- unite and bring people together. In course. ing family farms and family businesses of fact, main street post offices are one of There never was an American appetite for the inheritance or ‘‘death’’ tax. the anchors of small town America big government. The president’s step gives us a window of that add to the business district, that But there certainly is for reforming the exist- opportunity to save Social Security. We add to the flavor of those communities; ing way government does business. commend the president for his new-found and, in fact, that is why it is so impor- And what better way to show the American willingness to work with us to save Social tant that the post office be a good citi- people that our government will continue along Security, secure retirement savings, provide sorely needed tax relief and equip the next zen and a full partner for livability. the path to reform and prosperity than by generation to compete in a global economy. That is why my legislation has been eliminating the marriage tax penalty. But now that we have agreed on the first Ladies and gentlemen, we are on the verge endorsed by the Trust for Historic step in saving Social Security, we need to Preservation, by main street associa- of running a surplus. It's basic math. focus on the details. It is irresponsible to It means Americans are already paying spend the people’s surplus on new, big gov- tions representing small- and medium- more than is needed for government to do the ernment programs. We must give this money sized businesses all across the country, job we expect of it. back to the American people. Saving Social why the National Governors Associa- What better way to give back than to begin Security, paying down our national debt and tion is concerned about this, why the with mom and dad and the American familyÐ offering real and substantial tax relief to all post office itself has recently declared working Americans are three strong ways to a moratorium on closing and is re- the backbone of our society. spur our economy and lead the way into the We ask that President Clinton join with Con- addressing its relationship with the next century. community. They claim far fewer prob- gress and make elimination of the marriage U.S. Rep. Jerry Weller (R–Ill.) lems than in the past and that there is tax penalty . . . a bipartisan priority. f Of all the challenges married couples face a new era under Postmaster Henderson. in providing home and hearth to America's INTRODUCTION OF LEGISLATION I have met with the Postmaster Gen- children, the U.S. tax code should not be one REQUIRING POST OFFICE TO eral. I am impressed with his commit- of them. OBEY LOCAL LAND USE LAWS ment, but I think the best way to ex- Let's eliminate the marriage tax penalty and The SPEAKER pro tempore. Under press this commitment is to stop fight- do it now! the Speaker’s announced policy of Jan- ing this legislation and get behind it, [From the Chicago Tribune, January 31, 1999] uary 19, 1999, the gentleman from Or- to make clear its support for a new era HOW TO HANDLE THE BUDGET SURPLUS egon (Mr. BLUMENAUER) is recognized of partnership. WASHINGTON.—Four years ago when I was during morning hour debates for 5 min- Why should the post office be exempt first elected to Congress, I ran on the need utes. from planning, zoning and building for fiscal restraint in Washington, D.C., and Mr. BLUMENAUER. Mr. Speaker, as codes that homeowners and businesses a return of power to people back home. We somebody who has worked for years on in communities across the country H830 CONGRESSIONAL RECORD — HOUSE March 2, 1999 must adhere to? Why, since the post of- COMMANDANCY OF THE ALAMO In commemorating such an anniver- fice is such a critical part of our com- The SPEAKER pro tempore (Mr. sary, I wish that the same consider- ation to detail was provided on other munity, should the community not be STEARNS). Under the Speaker’s an- as involved with potential relocation nounced policy of January 19, 1999, the issues concerning Puerto Rico. In our society it seems that it is the negative issues as they are in helping pick gentleman from Texas (Mr. SESSIONS) which version of the Elvis stamp we is recognized during morning hour de- that consumes our attention, and it is a shame that this terrorist and cow- are going to have? bates for 3 minutes. ardly act continues to be resurfaced I have discussed on the floor of this Mr. SESSIONS. Mr. Speaker, today I without ever mentioning that the per- House in the past problems we have rise, as is tradition by members of the petrators were part of a small Fascist had in Leon County, Florida, where the Texas delegation. Today is Texas Inde- party then existing in Puerto Rico. Postal Service decided that it would pendence Day, and today I would like not abide by the same groundwater en- The article did not choose to high- to follow in the tradition that has been light also that today, March 2, is the vironmental standards for runoff on done for years, to read a letter that their parking lot as other private busi- 82nd anniversary of the day when all was written from Colonel Travis, who Puerto Ricans and those born in Puerto nesses; or where in Ball Ground, Geor- was the commandant, who was the gia, the Postal Service was not going Rico thereafter became U.S. citizens head of the Texans who were in the through an act of Congress and that it to abide by a comprehensive plan to Alamo that was written on February help metropolitan Atlanta deal with its is also the 100th anniversary of the 24, 1836, from Bexar in Texas. founding of the Puerto Rico regiment critical environmental problems. To all people of Texas and all Americans in of volunteers which later became the b 1045 the world: 65th Infantry Army regiment, one of Well, after making, as it were, a Fed- Fellow citizens and compatriots, I am be- the most decorated U.S. Army units of sieged by a thousand or more of the Mexi- eral case out of it, the personal inter- this century. Thus, 100 years ago today, cans under Santa Anna. I have sustained a our predecessors in this U.S. Congress vention, I think, of the Postmaster continual bombardment and cannonade for General, it looks like we are moving 24 hours and have not lost a man. The enemy were discussing the issue of Puerto towards resolution in Leon County, has demanded a surrender at discretion, oth- Rico and voted on and approved the or- Florida, and in metropolitan Georgia. erwise, the garrison are to be put to the ganization of the first body of troops But it should not have to be a major sword, if the fort is taken. I have answered on the territory which they called the battle. It is time for the post office to the demand with a cannon shot, and our flag Porto Rico Regiment of Voluntary In- stop fighting this legislation. It is time still proudly from the walls. I shall never fantry, 18 years before we were granted surrender or retreat. Then, I call on you in for the post office to institutionalize citizenship. We have been equals in war the name of liberty and patriotism and ev- and death, but we are discriminated with us to make sure that the Postal erything dear to the American character to Service is a full partner for the next come to our aid with all dispatch. The enemy against in peace and life. millennium of livable communities in is receiving reinforcements daily and will no Our rights to liberty and free speech America. doubt increase to three or four thousand in 4 are intrinsic rights of our democracy Mr. Speaker, this small step can lead or 5 days. If this call is neglected, I am deter- that have been defended since our Na- the way for the Federal Government mined to sustain myself as long as possible tion’s inception. As troops from the itself across the country to provide and die like a soldier who never forgets what United States have fought to ensure is due to his own honor and to that of his and maintain freedom and democratic that sort of partnership for livability. country—victory or death. values everywhere and anywhere that f Signed, William Barret Travis, Lieutenant has been needed in this world in this ANNOUNCEMENT REGARDING SUB- Colonel Commander of the Texans in the century, 197,034 soldiers hailing from Alamo. MISSION OF AMENDMENTS ON P.S. The Lord is on our side. When the Puerto Rico have fought shoulder to H.R. 416, FEDERAL RETIREMENT enemy appeared in sight, we had not three shoulder with our fellow citizens from COVERAGE CORRECTIONS ACT bushels of corn. We have since found in de- every other State. When we consider the century that Mr. DREIER. Mr. Speaker, I would serted houses 80 or 90 bushels and got into binds us together, it is clear that the like to make an announcement. I want the walls 20 or 30 head of cattle. interrelationship between the United to inform the House of the Committee f States and its citizens in Puerto Rico on Rules’ plans in regard to H.R. 416, MESSAGE FROM THE PRESIDENT is most evidenced in our participation the Federal Retirement Coverage Cor- in defense of democracy. Military lead- rections Act. The bill was favorably re- A message in writing from the Presi- ers such as General Douglas Mac- ported by both the Committee on Gov- dent of the United States was commu- Arthur, the supreme commander for ernment Reform and the Committee on nicated to the House by Mr. Sherman Williams, one of his secretaries. the allied power during the Korean Ways and Means. War, described it best: The Committee on Rules will meet f ‘‘The Puerto Ricans forming the on Wednesday to grant a rule which ranks of the gallant 65th Infantry on may require that amendments be AMERICAN CITIZENS OF PUERTO RICO AND THE TERRITORIES the battlefields of Korea by valor, de- preprinted in the CONGRESSIONAL termination and a resolute will to vic- RECORD and which may limit amend- MUST BE RECOGNIZED AS EQUALS tory give daily testament of their in- ments to the bill. In this case, amend- vincible loyalty to the United States ments to be preprinted would need to The SPEAKER pro tempore. Under and the fervor of their devotion to be signed by the Member and submit- the Speaker’s announced policy of Jan- those immutable standards of human ted to the Speaker’s table by the close uary 19, 1999, the gentleman from Puer- relations to which the Americans and of legislative business on Wednesday. to Rico (Mr. ROMERO-BARCELO´ ) is rec- Puerto Ricans are in common dedi- Members should use the Office of Leg- ognized during morning hour debates cated. They are writing a brilliant islative Counsel to assure that their for 5 minutes. record of achievement in battle, and I amendments are properly drafted and Mr. ROMERO-BARCELO´ . Mr. Speak- am proud indeed to have them in this should check with the Office of the er, I am sure that many of you saw the command. I wish that we may have Parliamentarian to be certain that article ‘‘Talking About a Revolution’’ many more men like them.’’ their amendments comply with the in Roll Call yesterday. The article It is unquestionable that every one of rules of the House. It is not necessary highlighted the 45th anniversary of the the 197,034 soldiers who have served in to submit amendments to the Commit- attack perpetrated by a group of ter- the U.S. Armed Forces take the respon- tee on Rules or to testify as long as the rorists on the U.S. House of Represent- sibility as U.S. citizens very seriously, amendments comply with House rules. atives on March 1, 1954. Just like Rus- willing to give their lives for American Mr. Speaker, a Dear Colleague letter sell Weston, Timothy McVeigh, Terry democratic values. But their sacrifice announcing this potential amendment Nichols and others, the terrorists in would not have been possible without process was mailed to all Member of- the 1954 attack were also American the patriotism and honor to duty evi- fices yesterday. citizens. denced by the support of their families March 2, 1999 CONGRESSIONAL RECORD — HOUSE H831 and all other American citizens in the attorney general or to a special b 1100 Puerto Rico. Who in my generation in counsel or an independent counsel? How interesting it is how the law America does not know the story of the Those are the questions that are now comes around and goes around. How in- Sullivan brothers in the Second World being asked as we face the expiration teresting it is that today the shoe is on War? But how many Americans know of the current independent counsel law. the other foot. The administration is that during the Korean War Mrs. Asun- Some say the problem is the law, about to advocate the abolition of the cion Rodriguez Acosta from the town some say the problem is the independ- Independent Counsel law. I think we of Juana Diaz, Puerto Rico, was the ent counsel. It is interesting to note, if just need to take a few minutes and only American mother who had five we review history, what goes around look at history and see how people sons serving in the Korean front at the comes around both in law and also in have taken various stands, depending same time? politics. A brief review of the independ- on whose ox is getting gored. Despite this brilliant record of gal- ent counsel law, if folks would just I like to reflect on history, and I lantry and courage, the policy of the take a moment to do that, reveals that think this is a little lesson in history, U.S. Government sets apart its 4 mil- we are about to return to where we particularly as it deals with the ap- lion American citizens in Puerto Rico started if the independent counsel law pointment of an Independent Counsel. and the territories. We are good enough is not renewed. f to defend democracy throughout the Mr. Speaker, even in 1972, President world, but we are not good enough to Nixon suggested the appointment of a MEDICARE REFORM: DO NOT TAKE have the same rights, nor good enough special prosecutor to investigate the THE EASY WAY OUT to receive the same benefits as all Watergate scandal. As we know from The SPEAKER pro tempore (Mr. other American citizens in the 50 history, President Nixon in 1973 also STEARNS). Under the Speaker’s an- States. Are our sacrifices worth any ordered the Attorney General to fire nounced policy of January 19, 1999, the less by virtue of living in a territory? the Watergate special prosecutor. gentleman from Ohio (Mr. BROWN) is The bottom line is, can the United Those actions led Congress and Presi- recognized during morning hour de- States continue to support a policy of dent Carter to enact in 1973 an Ethics bates for 5 minutes. discrimination in the Federal programs in Government Act. All totaled, the Mr. BROWN of Ohio. Mr. Speaker, that are designed to protect our Na- special prosecutor law was invoked 11 the National Commission on the Fu- tion’s most needed citizens, be it in times from 1978 to 1982 with three ap- ture of Medicare will wrap up its work health, housing and economic prosper- pointments of special prosecutors. sometime this month. The Commission ity? In 1983, that law was revised and re- members were given the task of put- A superficial mention of the terrorist newed for another 5 years. In 1987, with ting Medicare on solid financial foot- attack dated 45 years ago only detracts the Iran-Contra statute, when it came ing. Unfortunately, they want to save attention from the real issues and up for reauthorization, and although it Medicare by privatizing it. should not be allowed to take the place gave great heartburn, President Under the Commission proposal, of the in-depth discussions that the Na- Reagan in December of 1987 signed the Medicare would no longer pay directly tion should now be engaged in, includ- for health care services. Instead, it ing how and when to eliminate dis- reimplementing bill into law. With would provide each senior with a crimination. three investigations during the Bush voucher good for part of the premium I urge you, Mr. Speaker, and I urge administration, President Bush let the all of my colleagues to take the nec- statute expire in 1992. for private coverage. Medicare bene- essary steps to ensure that American With a new administration and new ficiaries could use this voucher to buy citizens of Puerto Rico and the terri- scandals, the Attorney General, Janet into the fee-for-service plan sponsored tories be recognized as equals and that Reno, under the general law authority, by the Federal Government, so-called we be granted equal consideration in appointed Robert Fisk as a special traditional Medicare, or join a private all Federal programs together with our counsel, not an independent counsel, plan. fellow citizens in the 50 States. Not but under her general authority to in- The Commission proposal creates a only have we earned that right, but not vestigate Whitewater, and she initiated system of health coverage, but it aban- to do so violates the most basic tenets that action on June 30, 1994. dons the principles of comprehensive- of our democratic system which is Vowing to head up an administration ness and egalitarianism that make based on the principle of equal rights with the highest ethical standards, Medicare such a valuable national pro- to all. We cannot focus our attention President Bill Clinton took the step of gram, an essential national service for on what a terrorist chooses to do and being the first President since Carter America’s elderly. Today the Medicare program is in- ignore the responsibility of Congress to to endorse the institution of an inde- come-blind. All seniors have access to direct a stop to discrimination. We pendent counsel law. On July 1, 1994, this same level of care. The Commis- must focus in our commitment to and President Clinton signed the reauthor- sion proposal markets a class-based the defense of our cherished American ization bill and commented about the health care system of two-tiered health values. law, and let me quote from the Presi- care: excellent care for the affluent, f dent: ‘‘a foundation stone for trust be- tween the government and our citi- only barely adequate or worse health THE INDEPENDENT COUNSEL zens.’’ He dismissed charges that it had care for the less well off. STATUTE been, and I quote, ‘‘a tool of partisan The idea that vouchers would em- The SPEAKER pro tempore. Under attack and a waste of taxpayer funds.’’ power seniors to choose a health plan the Speaker’s announced policy of Jan- Instead, he said the statute was, and that best suits their needs is a myth. uary 19, 1999, the gentleman from Flor- let me quote, ‘‘has been in the past and The reality is that they will be forced ida (Mr. MICA) is recognized during is today a force for government integ- to accept whatever health care plan morning hour debates for 5 minutes. rity and public confidence,’’ end quote. that they can afford. Medicare bene- Mr. MICA. Mr. Speaker, as Congress The Attorney General spoke before ficiaries have been able to enroll in pri- this week begins the debate on rein- Congress, the same Attorney General vate managed care plans for sometime stating the independent counsel law, I who will be having the Department of now, and their experience, unfortu- think, as a student of history, it is in- Justice advocate the end of the inde- nately, does not bode well for a full- teresting to review what has taken pendent counsel law, and stressed the fledged privatization effort. place regarding that law. government’s and her own support for Most managed care plans are for Regarding congressional action on the bill, and let me quote what she profit. The theory that they can sus- that matter certain questions are said: tain significantly lower costs than tra- ditional Medicare simply is not pan- raised: As a vehicle to further the public’s percep- Should an administration investigate tion of fairness and thoroughness, and to ning out. Because managed care plans itself? avert even the most subtle influence of what are profit-driven, they do not tough it Should the alleged wrongdoing of a may appear in an investigation of highly- out when those profits are not so forth- major administration official be left to placed executive officials. coming. We learned that the hard way H832 CONGRESSIONAL RECORD — HOUSE March 2, 1999 last year, when 96 HMOs deserted more on stocks. I spent two summers work- stream rehabilitation, the downstream than 400,000 seniors because the busi- ing on salmon rehabilitation in Alaska migration of salmon stocks, returning ness did not meet their profit objec- more than 50 years ago. This little adult salmon, and predator control, tives. salmon pin that I’m wearing was a and, yes, hatcheries. We have the tech- Before the Medicare program was symbol for the organization my father nological knowhow to avoid the pitfalls launched in 1965, private insurance was started in 1949. I have not come just of the past. Thoughtfully and carefully, the only option for seniors, and more lately to an interest or commitment to we can bring the salmon back if we use than half of them were uninsured. In- salmon recovery. all the tools that are available. surers did not want to sign seniors up Recently the Pacific Northwest salm- Finally, our research into the life because they tend to actually use their on runs have drawn national attention cycle of the salmon must continue. We health care coverage. as the Puget Sound chinook salmon do not know all the factors that have The private insurance market has has been proposed for listing as a led to a decline in salmon populations, changed a good deal since then, but it threatened species under the Endan- but we do know that more research is still avoids high-risk enrollees, and gered Species Act later this month. needed on the subject. More data must tries not to pay for high-cost services. This listing could have a devastating be included on the GIS maps. Research The fact that 43 million Americans impact on the economy and lifestyle is needed on a variety of ocean and under age 65 are uninsured and the we enjoy in the Northwest if we do not near-shore issues. broad-based support for managed care use our technology and common sense. Bringing the salmon back to robust reform in this Congress and all over Disaster can be averted if we are grant- levels will not be an easy task, but the country should at the very least ed enough funding to make salmon re- with the determination of the citizens give us pause when we consider turning covery measures effective, and if we of the Northwest, combined with state- over the Medicare program to the pri- can continue to engage local commu- of-the-art technology and the proper vate sector. nities in the fight. level of Federal support, we will be Medicare Commission leaders would Of course, we must utilize all of the able to accomplish our goals with also save Medicare money by raising available science and technology in our minimal impact. the Medicare eligibility age from 65 to efforts to restore salmon populations. f 67. It is interesting timing for such a The people of the Northwest have been TEXAS INDEPENDENCE DAY, AND proposal, given the growing number of around salmon all their lives. I believe WHERE WE SHOULD GO FROM uninsured in the 55 to 64 age range. the will exists in our community not HERE These individuals cannot find an in- only to save but to enhance the salmon surer now who will take them, and runs. The SPEAKER pro tempore. Under they were certainly a better risk as 55- Grass roots organizations have the Speaker’s announced policy of Jan- to 64-year-olds for insurers than 65- and sprung up all over the region to deal uary 19, 1999, the gentlewoman from 66-year-olds. with this problem, and local govern- Texas (Ms. JACKSON-LEE) is recognized Shell games simply do not work in ments in the area are forming their during morning hour debates for 5 min- health care. Someone still has to pay own recovery plans. As long as citizen utes. the bill when a person not yet eligible involvement remains a part of the Ms. JACKSON-LEE of Texas. Mr. for Medicare becomes sick. Delayed process and we rely on sound science Speaker, let me join my colleague who care received in emergency rooms does and proper use of technology available, spoke earlier to acknowledge Texas not serve the individual or the public. I am confident that salmon runs can be Independence Day, today, March 2nd, What is perhaps the most disturbing shepherded back to historic levels. 1999. But as my 7th grader said, who aspect of the Medicare Commission Federal dollars are absolutely essen- has the challenge of studying Texas likely proposal is what it does not tell tial if we are serious about restoring history, what a difference a century us. It does not tell us how we could salmon runs. The President has in- makes. I am very proud that we can make the current program more effi- cluded $100 million in his budget to stand before us today acknowledging cient while still maintaining its egali- help the salmon recovery. While I am Texas Independence Day, in a State tarian underpinnings and its orienta- encouraged that the administration is that is diverse and recognizes all of the tion in providing the right care to ev- turning its attention to this issue, the contributions that all of the citizens eryone, rather than simply the least amount of money the President has an- have made to this great State. expensive care. nounced is wholly inadequate to ad- Mr. Speaker, I would like to talk The bottom line is this, Mr. Speaker. dress the problem. about where we should go from here. If we privatize Medicare, we are telling We cannot afford to waste time or The impeachment process is over and America that not all seniors deserve money with small, ineffectual meas- the Constitution has been preserved. the same care. We are betting on a pri- ures. A large investment is necessary Although this week we will see a num- vate insurance system that may not now if we want to avoid larger costs in ber of confessions and testimonies on save us any money in the long run, and the future. It will be up to the Pacific television, I believe the American peo- certainly minimizes care by avoiding Northwest to spend our salmon dollars ple want us to move forward. Now is individuals who are health care risks. wisely, to make good on our commit- the time for reconciliation and healing, All this is to avoid the difficult ques- ment to restore salmon runs. mending and building relationships tions. Selling off the Medicare pro- Many people focus only on habitat that were damaged that can be re- gram, privatizing Medicare, turning restoration and natural spawning when placed. over America’s best government pro- talking about this issue. These are vi- Furthermore, I am ready to begin gram to insurance companies may be tally important, but we must not lose working toward enacting legislation easy, but it is simply wrong. sight of other elements in salmon re- that will enhance the quality of life for f covery. Sound science and technology all Americans. The President’s behav- must play a crucial role in any plan. ior, yes, was unacceptable, but they AMERICA’S SALMON STOCKS We cannot use 1924 technology to solve were not impeachable offenses of trea- The SPEAKER pro tempore. Under a 1999 problem. son, bribery, and other high crimes and the Speaker’s announced policy of Jan- During my lifetime we in the Pacific misdemeanors. To dwell on that, Mr. uary 19, 1999, the gentleman from Northwest have developed salmon tech- Speaker, does not get us where we need Washington (Mr. METCALF) is recog- nology that has been successful around to go. nized during morning hour debates for the world to accomplish miracles in I would simply like to ask us to get 5 minutes. salmon production in Japan, Chile, and on with the people’s business. There is Mr. METCALF. Mr. Speaker, I rise Scotland. It would be foolish not to use great responsibility in saving social se- today to talk about an issue of great it now in our own State. We know how curity and preserving Medicare. Social importance to me and to my constitu- to successfully use remote egg boxes, security is an obligation that Congress ents in Washington State. I have long spawning channels, over-wintering must protect now and in the future. been deeply concerned about our salm- sloughs, culvert mitigation, small Millions of Americans are depending March 2, 1999 CONGRESSIONAL RECORD — HOUSE H833 upon this program and its benefits. So- businesses and Africans. I want to see ernment rather than the trimmed cial security is a lifeline for older peace in Ethiopia and Sierra Leone. down, free-market approach that the Americans. It is time to get on with Finally, Mr. Speaker, let me say one American people would like and one the people’s business. It is time to ad- thing, as I proceed to the Committee that the rest of the world is beginning dress the crises in America. on the Judiciary and a hearing later on to embrace. I come from Texas. Today is its Inde- this afternoon on the Independent The modern economics of free, over- pendence Day. But it does not mean Counsel. the-air television is rapidly changing. that I rejoiced or was proud of the act, My good friend mentioned the com- The local broadcasters and networks the heinous act against James Byrd, ments of President Clinton about the continue to see steady decline in view- Junior. I am proud of Jasper, Texas. I Independent Counsel being the founda- ers who are attracted to cable and sat- am proud of the conviction. I am proud tion stone of trust between our govern- ellite programming, or who are using of the laws of this Nation. But we need ment and its citizens. The gentleman is the Internet more and more as an en- to do more to ensure that these hei- right, he did say that. But all of us say tertainment option. nous hate crimes are prevented, and now that unfortunately, this past se- In addition, the broadcasters and net- that we as a Nation make a national ries of events with Mr. Starr and his works are faced with ever-increasing statement against hate crimes. activities have broken the bonds of costs for programming, especially I want to see the Hate Crimes Pre- trust. sports programming. Profitability and vention Act of 1999 passed by this Con- success hinges on their ability to cre- b 1115 gress expeditiously. I have named it ate and own more and more of their after James Byrd, Junior, and Matthew I worked under Leon Jaworski, the own programming. Shepherd. I would like to collaborate special prosecutor for the Watergate The broadcast industry has also with members of the Committee on the proceedings. That is the standard of begun their conversion to digital by be- Judiciary and members of this House which we can comply. I believe this ginning to deploy digital facilities. to pass once and forever a Hate Crimes country can get rid of corruption, but They have already begun delivering a Prevention Act in this country. How we do not need to have an independent digital signal in America’s top mar- can we go forward and say that this counsel that spends more time abusing kets. The industry will spend the bet- was a heinous crime, and yet we do not the Constitution than supporting it. ter part of the next decade creating want to act against it? There is docu- Mr. Speaker, I will go on record for digital programming and transforming mentation that there are increased looking forward to the independent their facilities to an all-digital envi- hate crimes in America, and we must counsel statute expiring and getting ronment. The estimated cost of one stand against them. rid of a fourth estate of government digital television camera alone runs Just this morning I was in a hearing and working with the Constitution and into the hundreds of thousands of dol- on Y2K and its relation to the compli- beginning to heal this Nation, making lars. When all is said and done, each in- ance with Y2K needs for the Defense sure, of course, that we do not have dividual broadcaster will have to spend Department. Let me thank the Sub- corruption in government. millions and millions of dollars con- committee on Technology of the Com- f verting to digital. Mr. Speaker, if we deregulate this in- mittee on Science and the oversight INTRODUCTION OF THE BROAD- dustry, they will be able to compete committee for looking at this impor- CAST OWNERSHIP FOR THE 21ST and succeed. As everyone can see, the tant issue. CENTURY ACT Many Americans are listening to dis- economics of the broadcast industry parate thoughts about this. Some say, The SPEAKER pro tempore (Mr. today are based upon increasing costs prepare like it is a natural disaster. I MICA). Under the Speaker’s announced and shrinking profits. Unless that for- say, get the United States prepared. We policy of January 19, 1999, the gen- mula is changed, the era of free over- must work together in this Congress to tleman from Florida (Mr. STEARNS) is the-air television will never be the ensure that we are not unprepared for recognized during morning hour de- same. Y2K. bates for 5 minutes. What the American people have come The census must be done right, and I Mr. STEARNS. Mr. Speaker, I rise to expect as quality network and local hope my Republican friends will join us today to announce that I will be intro- programming may be altered to a and recognize that statistical sampling ducing the Broadcast Ownership for the world of syndicated reruns and limited is the way to go. One American should 21st Century Act with the gentleman original programming. The heart and not be left out. We have work to do. from Texas (Mr. FROST) and the gen- soul of America’s favorite form of en- I come from the oil patch, the energy tleman from Ohio (Mr. OXLEY). tertainment will become one based on sector. Many believe that the economy Our bill will broadly deregulate the pay services. is going well, the engine of this coun- confining ownership limitations im- The Telecommunications Act of 1996 try is strong. Let me tell the Members, posed by the FCC on the television attempted to provide relief for broad- there are over 50,000 people who have broadcast industry. As we approach the cast ownership. For instance, the been laid off in the oil patch. We can- dawn of a new century, it is time to re- Telecom Act asked the FCC to review not leave them behind. I am appre- form the antiquated rules and regula- all existing rules and regulations and ciative of the Secretary of Labor, who tions of the FCC that they cling to in eliminate those that were unnecessary. will be working with me. an effort to replicate the communica- In addition, the act required the FCC I look forward to my colleagues sup- tions world of the 1950s. to review the existing duopoly rules, porting the Jobs Protection Initiative Mr. Speaker, today’s entertainment which limit ownership to just one tele- Act, to get people back to work. I call choices are numerous and varied. There vision station in a local market, in upon the administration to make a is cable. There is direct satellite broad- order to provide relief when needed. strong stand to help those who have cast. There is Internet. We are moving The act also specifically instructed the been laid off by low energy prices, and into high-definition television. Back in FCC to grandfather all television local tell those laid-off individuals that they the 1950s, we had three, four, five chan- marketing agreements, LMAs. do count. We are going to work to- nels; today we have over 200-plus chan- Well, Mr. Speaker, three years later, gether and make a difference. nels, and many of them are digital. the FCC has failed to act and we need Let me also say, Mr. Speaker, that We must allow our American cor- to move forward. Let us get the FCC to we have a world responsibility. I want porations in the broadcast industry to act today. This bill will provide a great to congratulate those who have come compete in the international area as nudge. The Stearns-Frost-Oxley bill back from Nigeria and seen a positive well. So the objective of our bill is de- will revise the duopoly rules to allow count and democracy growing in Afri- regulate and allow competition. UHF–VHF ownership combinations in ca. I want us to pass the African The FCC has failed to properly re- the same local market and to allow Growth and Opportunity Act, to estab- spond to a vastly different market- UHF–VHF combinations in separate lish business bonds between small and place. This agency appears to be con- local markets that may have overlap- medium minority and women-owned sumed with a regulatory model of gov- ping coverage contours, such as in the H834 CONGRESSIONAL RECORD — HOUSE March 2, 1999 Washington, D.C. and Baltimore mar- Pursuant to clause 1, rule I, the Jour- their parents reading to them. Respon- kets. This bill will also permanently nal stands approved. sible adults must fill this gap for the grandfather all LMAs. f sake of all of our children. But, Mr. Speaker, within this bill, it It is important that this Congress do still allows the FCC to have unusual PLEDGE OF ALLEGIANCE all that it can to support and further powers. If the applicant demonstrates The SPEAKER. Will the gentleman child development from the rural com- to the satisfaction of the commission from Ohio (Mr. TRAFICANT) come for- munities of the heartland to the inner that permitting such ownership, oper- ward and lead the House in the Pledge city of Baltimore, my home district. ation, or control will not significantly of Allegiance. Today is a perfect opportunity to help harm competition or will not signifi- Mr. TRAFICANT led the Pledge of all of our children reach their full po- cantly harm the preservation of the di- Allegiance as follows: tential. versity of media voices in the tele- I pledge allegiance to the Flag of the f vision market, then it will allow them United States of America, and to the Repub- lic for which it stands, one nation under God, CUBAN TRIAL CONVENED AGAINST to move forward. FOUR DISSIDENTS WITH NO Mr. Speaker, many nations prevent indivisible, with liberty and justice for all. CHARGES FILED American companies from owning any f percentage of their domestic broadcast NATIONAL TRIO DAY (Ms. ROS-LEHTINEN asked and was industry. We must institute reciprocity given permission to address the House (Mr. DICKEY asked and was given for 1 minute and to revise and extend and this bill starts this process now. permission to address the House for 1 Our bill will allow only those nations her remarks.) minute and to revise and extend his re- Ms. ROS-LEHTINEN. Mr. Speaker, that will allow reciprocal ownership ar- marks.) rangements for American companies or for 594 days, Cuban dissidents Mr. DICKEY. Mr. Speaker, I would Vladimiro Roca, Marta Beatriz Roque, individuals to move into American like to bring to my colleagues’ atten- Felix Bonne, and Rene Gomez Manzano markets. tion the celebration of National TRIO have been behind Fidel Castro’s prison So this legislation will fundamen- Day this past Saturday, February 27. tally change the economic dynamics of bars, with no charges filed against National TRIO Day was designated by them, for disseminating the document the broadcast industry to continue its concurrent resolution on February 24, entitled, ‘‘The Homeland Belongs to vibrant tradition. To provide reciproc- 1986, by the 99th Congress. It is cele- All of Us,’’ that dares to speak of ity. To help broadcasters to eliminate brated on the last Saturday of each counterrevolutionary beliefs, such as duplicative efforts. To make them February. freedom, democracy, and human rights. more competitive and decrease regula- The TRIO program is a Federal pro- Yesterday, the regime began a kan- tion. That, Mr. Speaker, is the purpose gram that works. Students volunteer garoo court trial behind closed doors of the bill. their time to learn about how to better against these four brave freedom fight- f educate themselves, to become more ers who face even more jail time. The RECESS gainfully employed. Employees of trial of these four dissidents comes TRIO are there to help them and en- only days after the regime imposed a The SPEAKER pro tempore. Pursu- courage them. This is for families that new law that severely punishes those ant to clause 12 of rule I, the Chair de- have income of under $24,000. who promote anti-revolutionary infor- clares the House in recess until noon. We need more funds for this program Accordingly (at 11 o’clock and 21 mation. so that we could fill more slots across Foreign diplomats and reporters who minutes a.m.), the House stood in re- the country. There are more people had expressed an interest in being cess until noon. who want to get in the program than present at this show trial were sum- f we have slots available. marily dismissed. Foreign observers b 1200 One last thing, I would like to com- are not even allowed less than two mend Lindsey Burkett of my home- AFTER RECESS blocks from the building in which these town of Pine Bluff. She is in the Up- mock trials are being held. The recess having expired, the House ward Bound program at the University On the eve of this mockery of justice, was called to order by the Speaker at of Arkansas at Pine Bluff and is the 16- dozens of Cuban independent journal- noon. year-old daughter of Nadine Burkett ists and other dissidents, who risk The Chaplain, Reverend James David and the late Ray Burkett. She is a jun- their lives in an attempt to inform the Ford, D.D., offered the following pray- ior honor student at Dollarway High international community about the re- er: School. I want to commend her for her ality inside Cuba, were arbitrarily ar- May Your blessing, O God, be with all work and TRIO for it also. rested to prevent them from reporting who seek to serve in public service as f on the proceedings. elected leaders or as associates, in gov- Mr. Speaker, it is evident that the READ ACROSS AMERICA DAY ernment service or in private endeavor. last tyrant of our hemisphere is not You have called each person, O gra- (Mr. CUMMINGS asked and was about to change his totalitarian na- cious God, to use the talents and gifts given permission to address the House ture. that are theirs in ways that promote for 1 minute and to revise and extend f peace in our world and right attitudes his remarks.) and respect in our communities and Mr. CUMMINGS. Mr. Speaker, I rise RUSSIA IS USING U.S. MONEY TO neighborhoods. May not the words of today to celebrate Read Across Amer- BUILD MISSILES understanding and reconciliation, of ica Day. The National Education Asso- (Mr. TRAFICANT asked and was esteem and awareness, of freedom and ciation, partnering with some of the given permission to address the House liberty be the only words that we speak Nation’s leading literacy education and for 1 minute and to revise and extend with our lips, but may those good community groups, is calling for every his remarks.) words find home in our actions and in child and every community in America Mr. TRAFICANT. Mr. Speaker, Uncle our hearts. May Your benediction, O to celebrate reading today. Sam gives billions to Russia. Russia God, be with those in public service Reading is critically important as a builds missiles with our money. Russia and with every person now and ever- platform for future learning. As a fa- then illegally dumps steel in America, more. Amen. ther of a 4-year-old, I enjoy the posi- destroying jobs in industry. Uncle Sam f tive emotional charge of our reading gives Russia more billions to stop the experience as she soaks in every word dumping. THE JOURNAL and picture. We are forming her pre- Russia then takes this money and The SPEAKER. The Chair has exam- reading skills, and she will enter school builds more missiles. This is no joke. ined the Journal of the last day’s pro- prepared to read. The Pentagon says Russia has devel- ceedings and announces to the House Unfortunately, there are thousands oped a new missile they call invincible his approval thereof. of children in America who do not have because no system can stop it. March 2, 1999 CONGRESSIONAL RECORD — HOUSE H835 Beam me up here, ladies and gentle- Currently, the United States of cial Security Trust Fund. We have the men. Russian economy is so bad they America spends nearly as much on in- opportunity to put our fiscal house cannot buy toilet paper, but they are terest payments as it does on national back in order. If we do that, it is not building missiles threatening our free- defense. If we wisely invest the surplus only good for the government fun- dom with our dollars. This is unbeliev- in Social Security and Medicare today, damentally, it is good for the people of able. we can reduce our interest payments this country. Mr. Speaker, I yield back all the bu- from 14 percent of the budget in 1999 to By reducing our interest payments, reaucrats who are sitting on their 2 percent in 2014. by reducing the demand on the credit brains here in Washington, D.C. Investing in Social Security and market, we will do great things for the f Medicare will not only reduce the debt American people. The average cost of a CHILD PORNOGRAPHY SOLD IN but also will lower interest rates, boost home mortgage can be reduced by $200 RETAIL BOOKSTORES the economic growth, and increase the a month by adhering to the financial financial security of working families. responsibility that we have the oppor- (Mr. PITTS asked and was given per- You do not have to be a Harvard econo- tunity to pass this year in the Con- mission to address the House for 1 mist to know that this makes good gress. I urge my colleagues, do it this minute and to revise and extend his re- sense to the American people. year. Fix the financial situation. We marks.) So, on behalf of my mother and the have the opportunity. Do not let it Mr. PITTS. Mr. Speaker, people millions of Americans we represent, I lapse. would be astounded to learn in Amer- urge all of you to invest in the present ica that many public, commercial f and the future by investing the budget bookstores throughout the United KEEP SOCIAL SECURITY SOLVENT surplus in Social Security and Medi- States are allowed to sell child pornog- care—it makes good sense for America. (Mr. BALLENGER asked and was raphy. I am not talking about adult f given permission to address the House book stores. for 1 minute.) I was shocked recently to learn that OUR STUDENTS DESERVE THE Mr. BALLENGER. Mr. Speaker, I bookstores like Barnes and Noble and BEST EDUCATION would like to challenge the other side Borders are selling books that show (Mr. METCALF asked and was given to a pledge, a pledge that has been no- young girls and boys completely nude permission to address the House for 1 tably absent from the proposals of the in suggestive, erotic positions. These minute and to revise and extend his re- other side of the aisle. children are photographed alone or marks.) The Republican plan to protect and shown erotically entangled with other Mr. METCALF. Mr. Speaker, as a strengthen Social Security does not young children. Further, many of the former teacher, I understand the im- raise taxes, and it does not reduce ben- captions for the pictures are sexually portance of a good education and the efits. The President’s plan, however, explicit. foundation it builds for our youth. Our leaves that option wide open. It would Mr. Speaker, this is an outrage. Child not take a rocket scientist or a fortune pornography feeds the sick minds of schools, both public and private, must establish curricula designed to chal- teller to figure out what that means. child molesters who sexually prey on The key issues for the current and fu- defenseless children who live in our lenge students and to reward classroom successes. American students, parents, ture retirees is, will my retirement be neighborhoods. secure and will Social Security remain What has the Clinton administration and teachers must maintain the high- a good deal? Social Security, unless done to protect these children? They est level of quality in the field of edu- dramatically reformed, fails on the have turned a blind eye to some of the cation. first question. most offensive child pornography there Achieving this goal is possible when educational guidelines are drawn by As for the second, Social Security is is. The administration has not enforced a good deal for current retirees; but, Federal obscenity laws, after promising parents and local school districts. It takes about 18,000 Federal and State very soon, it will be a terrible deal for to make this a priority. future retirees. Please join me in calling on the ad- employees to manage 780 Federal edu- The President’s proposal does noth- ministration to enforce our existing cation programs in 39 Federal agencies, ing about that. A worker’s return on Federal obscenity laws. boards, and commissions at a cost of investment will continue to head down f nearly $100 billion annually. It is thus not surprising that only ap- if real structural reforms are not made. SOCIAL SECURITY AND MEDICARE proximately 70 cents of each dollar Let us keep Social Security solvent (Mr. LAMPSON asked and was given makes it directly to the classroom. We and a good deal for workers when they permission to address the House for 1 must do better. We must consolidate retire. minute and to revise and extend his re- these programs and ensure that at f marks.) least 95 percent of the funds are di- b 1215 Mr. LAMPSON. Mr. Speaker, I rise rected to the classrooms. Our students this afternoon to pass along some com- deserve the best possible education. LION’S SHARE OF SURPLUS SHOULD PAY DOWN FEDERAL ments that my mother, Nancy f Lampson, made to me after church just DEBT PUT OUR FINANCIAL HOUSE BACK recently. She, like millions of other (Mr. DAVIS of Florida asked and was IN ORDER senior citizens, is worried about the fu- given permission to address the House ture of Medicare and Social Security. (Mr. MALONEY of Connecticut asked for 1 minute and to revise and extend She is afraid that it will not be there and was given permission to address his remarks.) for me and my brothers and sisters. the House for 1 minute and to revise Mr. DAVIS of Florida. Mr. Speaker, I My mother knows that saving Social and extend his remarks.) rise today to support the position advo- Security and Medicare is not just good Mr. MALONEY of Connecticut. Mr. cated by the President in his budget for retirement security for her. She Speaker, I rise today to comment on proposal that we use the lion’s share of knows it is also good for me, her grand- the fiscal situation in which we find the surplus to pay down the Federal children, and her great grandchildren. ourselves and the opportunity that we debt. The proposal to use 62 percent of Why? Because putting aside 62 per- have. the surplus for Social Security and 15 cent of the surplus for Social Security For 25 years, on a bipartisan basis, percent for Medicare will have that ef- and another 15 percent for Medicare this government has mismanaged its fi- fect. will also reduce the national debt and nancial house, its financial matters. We have a chance for the first time in reduce the billions of dollars we waste We have, after 25 years, the oppor- decades to begin to bring the debt held each year on interest payments. tunity to make fundamental progress. by the public, the money the Federal Winnowing down the national debt will We have the opportunity to restore the Government owes to other people, be good for my mother’s great grand- nearly $700 billion that has been, down to a level that we all try to exer- children. quote-unquote, borrowed from the So- cise in our homes and businesses. This H836 CONGRESSIONAL RECORD — HOUSE March 2, 1999 will allow the Federal Government for We need to discuss covering prescrip- the surplus, he urged me to please not the first time to more responsibly man- tion drugs, a difficult issue because of to forget paying down the national age our debt and run the Nation’s busi- the cost involved, yet vital for so many debt. He said, we are talking too much ness. seniors in America. about surpluses, but we are forgetting Now, what impact does that have for We need to address the earnings test the debt. those of us at home? In Hillsborough so that seniors who work to supple- I think that is good advice from my County, my home, the average mort- ment their pensions are not penalized constituent from Arkansas. If we use gage balance on a home is about by cuts in their Social Security bene- the surplus and pay down the debt, we $115,000. With a 2 percent drop in inter- fits. will protect Social Security, we will est rates, which we can expect to occur We also need to talk about improving protect Medicare, we will protect as we begin to pay down the debt, a service so that individuals do not get working families, and we will protect monthly mortgage payment could drop lost in a bureaucratic cobweb that all generations that want to benefit from $844 to $689. That is $155 a month leaves them frustrated and without the from Social Security and Medicare in in the pocket of a homeowner that he benefits they deserve. the future. or she would not otherwise have. We have already agreed to dedicate This is good common sense, Mr. That is better than most any tax cut the 62 percent of the surplus for Social Speaker, from White County, Arkan- this Chamber could pass. It could be Security in order to fully protect sas; and I recommend this Congress done by paying down the debt, using America’s retirement security, but I heed my constituent’s advice. the lion’s share of the surplus to pro- urge my colleagues on the other side to f tect Social Security and Medicare. I take the next step and join us in re- H.J. RES. 32, SOCIAL SECURITY urge my colleagues to adopt that. solving the entire Medicare issue. GUARANTEE INITIATIVE f f OPPOSE H.R. 45 TO PROTECT (Mr. RYAN of Wisconsin asked and AMERICA’S OIL INDUSTRY ON was given permission to address the HEALTH AND SAFETY OF CITI- VERGE OF COLLAPSE ZENS House for 1 minute and to revise and (Mr. WATKINS asked and was given extend his remarks.) (Mr. GIBBONS asked and was given permission to address the House for 1 Mr. RYAN of Wisconsin. Mr. Speaker, permission to address the House for 1 minute and to revise and extend his re- today the House will be considering minute and to revise and extend his re- marks.) H.J. Res. 32, the Social Security Guar- marks.) Mr. WATKINS. Mr. Speaker, what is antee Initiative. I recently introduced Mr. GIBBONS. Mr. Speaker, H.R. 45, wrong with this picture? Today in this resolution that expresses Con- the Nuclear Waste Policy Act of 1999, America there is a total collapse, a cri- gress’ commitment to protecting So- opens the door to the dangerous trans- sis of survival for the oil industry. The cial Security benefits for all current portation of high-level nuclear waste small independent producers are going and future retirees. This bipartisan res- and yet fails to address the concerns of bankrupt every day bringing pain and the safety of millions of Americans. olution sends an important message By mandating the construction of an hurt in oil patch. that sets the stage for what will soon interim storage facility in Nevada, What is wrong with this picture? be an historic debate on how best to re- H.R. 45 would require the shipment of American family farms are being de- form our Nation’s Social Security Sys- the most toxic substance known to stroyed. The families are having to tem. man to go through 43 States. Fifty mil- leave because of low pricing and farm I recently completed 21 town hall lion Americans within a half mile of bankruptcies. Wheat just dropped to meetings during our congressional re- the transportation routes could be ex- $2.20 a bushel. cess on a listening tour throughout posed to the deadly hazards of 77,000 What is wrong with this picture? Wisconsin’s First Congressional Dis- tons of nuclear waste moving through Today we are bombing Iraq but, at the trict. At every stop a great number of their neighborhoods for the next 30 same time, they are increasing by over people I represent expressed their grave years. 2 million barrels a day their oil sales concerns over any changes that would H.R. 45 does nothing to address the which is helping destroy our domestic be made to the Social Security Sys- weakness in the design of the waste oil industry. Our small independent tem. Quite frankly, many of them felt caskets. It does nothing to fund the producers are dying in this country. that Washington could not be trusted training of emergency personnel who They have also threatened and said to fix their problem. We have to prove would be required to respond to any ac- they will not buy America’s wheat them wrong. cidents. H.R. 45 is the ‘‘speak no evil, with those funds from selling oil, again This resolution sends a very clear see no evil, hear no evil’’ effort by the contributing to the collapse of the signal to our constituents that any re- nuclear power industry to pull the wool American farm. forms made by Congress will not result over the eyes of Americans. I agree with my colleague from Ohio in a loss of benefits or place any in- We must protect our constituents, (Mr. TRAFICANT) when he says, ‘‘Beam creased costs upon them. Mr. Speaker, their health and their safety and op- me up, Mr. President.’’ What is wrong it is critical that we make this biparti- pose H.R. 45. with this picture is Iraq is benefitting san commitment before we move for- f and our American farmers and inde- ward on any Social Security reform pendent producers are dying under the proposals so that current and soon-to- SOCIAL SECURITY policy. be retirees will not have their benefits (Mrs. Napolitano asked and was given f cut. permission to address the House for 1 I urge my colleagues to vote ‘‘yes’’ DO NOT FORGET ABOUT PAYING minute and to revise and extend her re- on this resolution. DOWN NATIONAL DEBT marks.) f Mrs. NAPOLITANO. Mr. Speaker, we (Mr. SNYDER T1asked and was given have all heard about the need to dedi- permission to address the House for 1 REDUCING THE DEBT IS THE cate the 62 percent of the surplus over minute and to revise and extend his re- RIGHT THING TO DO the next 15 years to saving Social Secu- marks.) (Mr. HILL of Indiana asked and was rity and then, of course, the 15 percent Mr. SNYDER. Mr. Speaker, recently, given permission to address the House to saving Medicare, which cannot be I was in White County, Arkansas, a for 1 minute and to revise and extend understated. county that recently had some very his remarks.) However, in addition to that, we need devastating tornadoes, and was having Mr. HILL of Indiana. Mr. Speaker, to recognize that simply securing the my Saturday morning office hours in a $17 billion is just a drop in the bucket solvency of Social Security and Medi- store; and one of my constituents came here in Washington, but back in Indi- care is not enough. We also need to ad- through and what he wanted to talk ana it is serious money. dress the structure and quality of So- about was our national debt. He said to Seventeen billion dollars is enough to cial Security and Medicare programs. me that, while we are all talking about operate all eight Indiana university March 2, 1999 CONGRESSIONAL RECORD — HOUSE H837 campuses for 10 years. Seventeen bil- balanced, we need to pay off the huge Social Security and Medicare are the lion dollars almost equals the entire 2- national debt, and we need to make twin pillars of retirement security. year budget of the State of Indiana. sure our future generations are not left Two-thirds of our seniors rely on So- The government projects that this holding the bag for our generation’s cial Security for over half of their in- year we will spend $17 billion less on party. come. Medicare ensures that 99 percent interest payments than we did last Leaving behind a debt that we did of our seniors have the health coverage year. When we reduce the government’s not have the moral fortitude to pay off that they need. Combined, these two debt, we are given billions of dollars is simply wrong. Reducing the national programs allow our parents to live back to the private sector to invest, debt now, economists predict, will re- with dignity, independence and peace create jobs and strengthen our econ- sult in a further decline in interest of mind. omy. By reducing the debt, we are also rates. Now, let me tell my colleagues, Now that we have the opportunity, improving our ability to honor the lower interest rates are good for the we should use the vast majority of this promises we have made to our seniors homeowner, they are good for the surplus, a full 77 percent, to strengthen through the Social Security and Medi- businessperson, they are good for the Social Security and Medicare for the care programs. farmer, and they are good for the stu- long-term security of our parents, our- Other arguments aside, reducing the dent in the classroom. selves and our children. debt we pass on to our children is just Mr. Speaker, last year we spent, lis- Protecting Social Security and Medi- the right thing to do. Not only do we ten to this number, $243 billion, billion, care must come before a Republican owe it to our American seniors to re- of Federal taxpayers’ money on the in- tax plan, which would spend the sur- terest. That is four times what we duce the debt, but we owe it to future plus on a one-time, feel-good tax break spent on education. Four times. As a generations as well. that benefits mostly the wealthy. It is member of the House Committee on f irresponsible and it is risky. Let us not the Budget, I want to take this oppor- jeopardize the long-term health of So- CONGRESS AND ADMINISTRATION tunity get our fiscal house in order. SHOULD FOLLOW ICELAND’S LEAD cial Security and Medicare for the f short-term goal of an overzealous tax (Mr. PETERSON of Pennsylvania HAITI’S FRIENDS AND NEIGHBORS break. asked and was given permission to ad- SHOULD HELP REVIVE HAITI’S Let us do what is right, let us protect dress the House for 1 minute and to re- FAILED DEMOCRACY Social Security and Medicare. vise and extend his remarks.) (Mr. GOSS asked and was given per- Mr. PETERSON of Pennsylvania. Mr. f Speaker, the country of Iceland re- mission to address the House for 1 cently made the news with two sepa- minute and to revise and extend his re- marks.) rate announcements, one instructive PAYING DOWN NATIONAL DEBT Mr. GOSS. Mr. Speaker, today Haiti and the other intriguing. ENSURES PRESERVATION OF SO- is a very grim place. The economy is in First, Iceland announced it will not CIAL SECURITY AND MEDICARE shambles, crime is prevalent, and the sign, it will not sign, the U.N.’s ques- parliament is dysfunctional. There has (Mr. DOOLEY of California asked and tionable Kyoto climate treaty because been no progress scheduling necessary was given permission to address the it would destroy its economy and bring elections, despite President Preval’s House for 1 minute and to revise and unnecessary suffering to its citizens. recent assurances he would. extend his remarks.) Secondly, on February 17th, an Ice- Another indication of how bad the Mr. DOOLEY of California. In 1992, landic consortium signed an agreement situation has become in Haiti is the Mr. Speaker, when President Clinton for a joint venture to investigate the Clinton administration’s refusal to cer- took office, we were looking at budget potential of transforming Iceland into tify Haiti as meeting its obligation in deficits that were approaching almost the world’s first hydrogen-based econ- the war on drugs, even though U.S. tax- $300 billion. Well, thanks to the good omy. payers have spent millions of dollars in work of Congress and the good work of One of the first results could be a hy- the past few years trying to build a the administration, we are no longer drogen fuel cell-powered bus service. competent police force in Haiti. talking about budget deficits, but we This would be an interesting develop- Now we learn of the politically moti- are, in fact, talking about budget sur- ment to monitor because of the envi- vated murder, the brutal assassination pluses. ronmental and energy security impli- of one of Haiti’s nine remaining Sen- It is important for us to continue cations. Hydrogen fuel cells create ators on Monday. The predilection for down the path of fiscal responsibility, their own electrical energy, with clean solving Haiti’s problems through vio- and that requires this Congress to sup- water as a by-product. Some estimate lence continues as does the slide to- port the efforts of the administration that vehicle efficiency can be improved wards authoritarianism. Later this and others who are committed to using by 50 percent, with no exhaust emis- week I will join several of my col- the significant majority of the budget sions. leagues in introducing a bipartisan res- surpluses that we are going to see in Mr. Speaker, it may be wise for Con- olution calling on the Organization of the next 10 years to pay down the na- gress and this administration to follow American States to intervene. tional debt and, in doing so, ensuring Iceland’s lead on both of these counts. The crown jewel of Clinton’s foreign that we can preserve Social Security f policy is tragically tarnished. It is and Medicare. CONGRESS SHOULD TAKE THIS OP- time we stopped adding more to this That makes good sense for our fami- PORTUNITY TO GET THE NA- bad debt. lies and makes good sense for our busi- TION’S FISCAL HOUSE IN ORDER f nesses. Because if we pay down the na- tional debt, which is costing us $243 bil- PROTECT SOCIAL SECURITY AND (Ms. HOOLEY of Oregon asked and lion a year in interest, we will be en- MEDICARE was given permission to address the sured that we can see a reduction in in- House for 1 minute and to revise and (Ms. DELAURO asked and was given terest rates of over 2 percent. A reduc- extend his remarks.) permission to address the House for 1 tion of 2 percent in interest rates Ms. HOOLEY of Oregon. Mr. Speaker, minute and to revise and extend her re- means about $155 to people who have a economists and the Congressional marks.) home mortgage of $115,000. Budget Office agree: We have a budget Ms. DELAURO. Mr. Speaker, we are surplus starting in the year 2001, which faced with an historic opportunity. Due b will grow to $164 billion by the end of do a robust economy, the Federal Gov- 1230 the year 2009. ernment has a surplus for the first It means to farmers of this country, Let me tell my colleagues when I time in three decades. We should seize who have an operating loan of $250,000, talk to people in Oregon what they say this moment to do what is fair, right a $5,000 savings. Let us take the path of about the budget. First of all, Oregoni- and fiscally responsible: Protect Social fiscal responsibility. Let us pay down ans believe we need to keep our budget Security and Medicare. the debt. H838 CONGRESSIONAL RECORD — HOUSE March 2, 1999 ANNUAL REPORT OF FEDERAL of clause 8 of rule XX, the Chair an- Labor Standards Act to individuals in LABOR RELATIONS AUTHORITY, nounces that he will postpone further the Amish community. FISCAL YEAR 1997—MESSAGE proceedings today on each motion to We are considering a substitute FROM THE PRESIDENT OF THE suspend the rules on which a recorded amendment which makes one technical UNITED STATES vote or the yeas and nays are ordered, change for the purpose of renumbering The Speaker pro tempore (Mr. or on which the vote is objected to the paragraphs in the bill. My colleagues will remember that STEARNS) laid before the House the fol- under clause 6 of rule XX. lowing message from the President of Such rollcall votes, if postponed, will the House passed a similar bill, exactly the United States; which was read and, be taken after debate has concluded on the same, as a matter of fact, last year together with the accompanying pa- all motions to suspend the rules. by voice vote under suspension of the pers, without objection, referred to the f rules. The Senate did not consider the Committee on Government Reform: bill prior to the close of the last Con- PERMITTING CERTAIN YOUTH TO gress, and so we are taking early ac- To the Congress of the United States: PERFORM CERTAIN WORK WITH tion on the bill in order to allow ample In accordance with section 701 of the WOOD PRODUCTS time for the Senate to act. Civil Service Reform Act of 1978 (Pub- Mr. GOODLING. Mr. Speaker, I move Children in the Amish community lic Law 95–454; 5 U.S.C. 7104(e)), I am to suspend the rules and pass the bill complete their formal classroom edu- pleased to transmit the Nineteenth An- (H.R. 221) to amend the Fair Labor cation at age 14 or 15. In fact, the nual Report of the Federal Labor Rela- Standards Act of 1938 to permit certain Amish faith teaches that their chil- tions Authority for Fiscal Year 1997. youth to perform certain work with dren’s formal classroom education The report includes information on wood products, as amended. should end after the eighth grade, after the cases heard and decisions rendered The Clerk read as follows: which they, quote, learn by doing, by the Federal Labor Relations Au- H.R. 221 while working under the supervision of thority, the General Counsel of the Au- their parents or another community thority, and the Federal Service Im- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in member. passes Panel. Congress assembled, Amish youth have traditionally WILLIAM J. CLINTON. worked in agriculture on their family SECTION 1. EXEMPTION. THE WHITE HOUSE, March 2, 1999. Section 13(c) of the Fair Labor Standards farms. However, economic pressures in f Act of 1938 (29 U.S.C. 213(c)) is amended by recent years, including the rising cost adding at the end the following: of land, have forced more and more RESIGNATION AS MEMBER OF ‘‘(7)(A) Subject to subparagraph (B), in the Amish families to enter other occupa- COMMITTEE ON SCIENCE administration and enforcement of the child tions. Many have gone into operating The SPEAKER pro tempore laid be- labor provisions of this Act, it shall not be sawmills and other types of woodwork- considered oppressive child labor for an indi- fore the House the following resigna- ing. So, increasingly, the opportunities vidual who— for Amish young people to ‘‘learn by tion as a member of the Committee on ‘‘(i) is at least 14 but under the age of 18, Science: and doing’’ are in these types of work- HOUSE OF REPRESENTATIVES, ‘‘(ii) is a member of a religious sect or divi- places. CONGRESS OF THE UNITED STATES, sion thereof whose established teachings do The problem is that the Department Washington, DC, February 23, 1999. not permit formal education beyond the of Labor’s regulations prohibit 14- and Hon. DENNIS HASTERT, eighth grade, 15-year-olds from working in any saw- Speaker, The Capitol, Washington, DC. to be employed inside or outside places of mill or woodworking shop and severely DEAR MR. SPEAKER, on Feb. 12, 1999, I was business where machinery is used to process limit the work of 16- or 17-year-olds in appointed by the House Democratic Caucus wood products. these workplaces. to serve on the Permanent Select Committee ‘‘(B) The employment of an individual The Department has undertaken a on Intelligence. According to Rule 19 E of under subparagraph (A) shall be permitted— the Rules of the Democratic Caucus, ‘‘no number of enforcement actions against ‘‘(i) if the individual is supervised by an Amish employers in recent years. As a Democratic Member of the Permanent Select adult relative of the individual or is super- Committee on Intelligence may serve on vised by an adult member of the same reli- result, Amish youth no longer have the more than one standing committee during gious sect or division as the individual; opportunity to learn skills and work the Member’s term of service on the select ‘‘(ii) if the individual does not operate or habits through the community’s tradi- committee.’’ assist in the operation of power-driven wood- tional means. Rule 19 E also states that ‘‘Members shall working machines; We have no reason to believe that be entitled to take leaves of absence from ‘‘(iii) if the individual is protected from Amish young people will be placed at service on any committee (or subcommittee wood particles or other flying debris within thereof) during the period they serve on the risk or allowed to engage in unsafe ac- the workplace by a barrier appropriate to tivities in the workplace. As some of select committee and seniority rights on the potential hazard of such wood particles such committee (and on each subcommittee) or flying debris or by maintaining a suffi- my colleagues have said, who would to which they were assigned at the time cient distance from machinery in operation; care more about the well-being of shall be fully protected as if they had contin- and Amish children than their parents? The ued to serve during the period of leave of ab- ‘‘(iv) if the individual is required to use fact is that, as the Amish struggle to sence.’’ personal protective equipment to prevent ex- preserve their way of life, the Depart- Accordingly, I am requesting a leave of ab- posure to excessive levels of noise and saw ment of Labor’s actions are, in effect, sence from the House Committee on Science dust.’’. for the 106th Congress, with the understand- undermining the Amish culture. ing that my seniority rights on the Commit- The SPEAKER pro tempore. Pursu- H.R. 221 is a narrow bill that address- tee will be fully protected in accordance ant to the rule, the gentleman from es this specific problem. It would allow with Rule 19 E of the Democratic Caucus. Pennsylvania (Mr. GOODLING) and the individuals who are at least 14 years Thank you for your consideration of this re- gentleman from Missouri (Mr. CLAY) old to work in sawmills and woodwork- quest. each will control 20 minutes. ing shops, so long as they do so under Sincerely, The Chair recognizes the gentleman the supervision of an adult relative or TIM ROEMER, from Pennsylvania (Mr. GOODLING). member of the same faith. The young Member of Congress. Mr. GOODLING. Mr. Speaker, I yield person would not be permitted, under The SPEAKER pro tempore. Without myself such time as I may consume. any circumstances, to operate or assist objection, the resignation is accepted. Mr. Speaker, I rise in strong support in the operation of any power-driven There was no objection. of H.R. 221, which is a bipartisan bill woodworking machines. f introduced by the gentleman from The young person must be protected Pennsylvania (Mr. PITTS) and the gen- from wood particles or other flying de- ANNOUNCEMENT BY THE SPEAKER tleman from California (Mr. MAR- bris by a barrier or by maintaining an PRO TEMPORE TINEZ). The bill will address a unique appropriate physical distance from ma- The SPEAKER pro tempore (Mr. problem resulting from the application chinery in operation. In addition, the STEARNS). Pursuant to the provisions of the child labor provisions of the Fair young person must be protected from March 2, 1999 CONGRESSIONAL RECORD — HOUSE H839 excessive levels of noise and sawdust amendment, which forbids preferences fines from the Department of Labor for by the use of personal protective equip- to one religion over another. This bill, having their young adults work along- ment. if enacted, will sanction a discrimina- side their fathers and uncles, even in I want to particularly commend the tory provision of law for the Amish family businesses. gentleman from Pennsylvania (Mr. members against other religions that Mr. Speaker, recently a businessman, PITTS), the gentleman from Indiana do not enjoy this preference. I am sym- an Amish businessman in my congres- (Mr. SOUDER), the gentleman from pathetic to the desire to accommodate sional district, was fined $10,000 for Pennsylvania (Mr. PETERSON) and the the Amish lifestyle but am opposed to having his own child in the front office gentleman from California (Mr. MAR- accommodating that lifestyle in a of his business. The teenager, 15 years TINEZ) for their work on this issue. manner that places other religious old, was simply learning to use the This legislation comes only after Mem- groups and business interests at a dis- cash register alongside her father. She bers of Congress made repeated effort advantage. was far from harm’s way. to work out an administrative solution Encouraging the displacement of Mr. Speaker, these actions by the De- with the Department. Unfortunately, adult workers by teenagers in this haz- partment of Labor have severely the Department has been unwilling or ardous worksite is bad safety policy, is threatened the lifestyle and the reli- unable to alleviate the conflict be- bad health policy, is bad employment gion of this respected and humble com- tween the current regulation and the policy and, most of all, Mr. Speaker, it munity. The Amish expect diligence, Amish community’s way of life. That is is bad constitutional policy. I oppose responsibility and respect from their why we are now addressing the problem the bill because it is an assault on the youth. They do not contribute to the through legislation. very principle enacted years ago to pre- social ills of our society, and they do The bill will allow the Amish to con- vent the exploitation of child labor. not accept any assistance from govern- tinue in their traditional way of train- Mr. Speaker, I ask my colleagues to ment programs. ing their children in a craft or occupa- oppose this ill-conceived, unnecessary Our government should not interfere tion while ensuring the safety of those bill. with this humble community. Several who are employed in woodworking oc- Mr. Speaker, I reserve the balance of of my colleagues, along with our Amish my time. cupations. I would certainly urge my constituents, met with the Department Mr. GOODLING. Mr. Speaker, I yield colleagues to support the bipartisan of Labor several times last year for a 3 minutes to the gentleman from Penn- legislation. solution. Unfortunately, we received sylvania (Mr. PITTS), the coauthor of I would also indicate that I believe it the legislation. nothing but negative responses from is our responsibility to legislate. It is Mr. PITTS. Mr. Speaker, today we Labor. The Amish have a very unique the responsibility of the Court to de- are addressing an issue important to situation, and they do not benefit from termine whether it meets Amish law or the Amish community who reside in shop or vo-tech like the youth of our American law, not the Congress of the over 20 States in this country, and I es- schools. United States. pecially want to thank the gentleman My son, at age 14, made furniture on Mr. Speaker, I reserve the balance of from California (Mr. MARTINEZ) and the a band saw in a shop class with 15 other my time. chairman of the committee, the gen- students around. We have a responsibil- Mr. CLAY. Mr. Speaker, I yield my- tleman from Pennsylvania (Mr. GOOD- ity to evaluate the Amish in light of self such time as I may consume. LING), and the other Members who have these things, and that is why the gen- Mr. Speaker, I rise in opposition to helped us craft this bipartisan bill. tleman from California (Mr. MARTINEZ) H.R. 221. This bill permits 14-year-old People around the world know of the and I and others have introduced this children to work in sawmills, one of Old Order Amish as people who till legislation, narrowly crafted, and we the most dangerous worksites in the their land and direct their lives with urge support. country. The occupational fatality rate faith, simplicity and discipline. b 1245 in the lumber and wood products indus- Traditionally, Amish communities try is five times the national average. are centered around the family farm, Mr. CLAY. Mr. Speaker, I yield 1 The fatality rate exceeds that of the which requires input from the whole minute to the gentleman from Michi- construction, of the transportation and family. While caring for crops and ani- gan (Mr. KILDEE). of the warehouse industry. mals, Amish parents show their chil- Mr. KILDEE. Mr. Speaker, I thank Inexperience, small size and lack of dren how to make a living without ex- the gentleman for yielding me this maturity can all act to increase the posure to outside influences that con- time. I rise to oppose the bill, particu- risk of accidents for 14-year-old chil- tradict their beliefs. However, due to larly on suspension. I offered an dren employed in sawmills. the high growth rate, the soaring price amendment in committee to try to I oppose this bill because it poses of farmland, many Amish have been make this bill a little better by having undue jeopardy to the health and safe- forced to look for alternatives to farm- a reporting requirement, that it would ty of children too young to legally ing. Now Amish can be found in small be reported the number of injuries that smoke, too young to legally consume businesses making raw lumber, clocks, might take place in this type of work- alcohol products, too young to defend wagons, cabinetry and quilts. shop with this reduced age limit so we this country in the military. Therefore, as they did on the family could determine what the effect of this Mr. Speaker, there are good, sound, farm and still do, and I might say that bill might be. Now, that amendment logical reasons why 14-year-olds are in farm work the children are totally was defeated on a pretty well party prohibited from engaging in these ac- exempt from child labor laws, one can line vote in the committee. We are pre- tivities, and the same reasons exist for find a 10-year-old boy driving a team of cluded from offering, I think, and even keeping them out of sawmills. mules. I would like to see the gen- discussing that amendment here on the I also oppose this legislation because tleman from Missouri (Mr. CLAY) try floor under this suspension of rules. So it undermines job opportunities for that. The Amish now wish to have I feel that the process is wrong. adults by encouraging the replacement their youth work with them in these I have serious problems about the of older workers with teenagers who vocational settings. bill, but we cannot even discuss the will work for less pay. Mr. Speaker, re- Typically, the youth will learn a amendment that was defeated by a placing fathers with their sons was a trade after the completion of Amish party line vote in committee. I urge de- pervasive and devastating pastime for school, or the eighth grade, and be self- feat of the bill. the robber barons of American industry sufficient by age 18. The Amish view Mr. GOODLING. Mr. Speaker, I yield at the beginning of the 20th century. this work as part of their schooling, 2 minutes to the gentleman from Penn- Why are we contemplating renewing since they often accompany a parent to sylvania (Mr. PETERSON). this horrendous policy at the beginning the workplace, very similar to an ap- Mr. PETERSON of Pennsylvania. Mr. of the 21st century? prenticeship, and they call this learn- Speaker, I am pleased to stand in the Finally, Mr. Speaker, I oppose this ing by doing. House today and support this legisla- bill because it violates the establish- Unfortunately, these small Amish- tion. I want to commend the gen- ment clause of the Constitution’s first owned businesses have received costly tleman from Pennsylvania (Mr. PITTS), H840 CONGRESSIONAL RECORD — HOUSE March 2, 1999 the gentleman from Pennsylvania (Mr. Angeles, I believe that for their youth, delicate balance between honoring the GOODLING), the gentleman from Califor- they have the appropriate answer. And differences in our different religions in nia (Mr. MARTINEZ), the gentleman I supported the bill because it offers a this country, our different traditions in from Indiana (Mr. SOUDER) and all of real solution to a real problem for the this country and having a safe and those who were a part of bringing this Amish and because it made good sense healthy workplace. I believe this legis- issue together. to me. lation, in a commonsense and biparti- We should not be here today. The De- As I mentioned during the debate san manner, strikes this principled partment of Labor and Industry should last September, Amish children finish compromise between these two inter- not be in this issue. There was not a their education at 14 years of age. His- ests, of respecting the Amish for their history of danger out there, not a his- torically Amish boys have joined their cultural and religious differences and tory of people being harmed. A lot of fathers in the fields of the family farm. on insisting on a safe and healthy work the criticism, or all of it has been However, due to technological ad- environment. about safety. This legislation includes vances, the rising price of real estate, The Amish community, as has been supervision by an adult relative or an the Amish have found it difficult to stated on the House floor here this adult of the same religious sect; the compete and many have had to aban- afternoon, has a little bit different edu- placement of protective barriers. We don their farms for other types of occu- cation system than some of the rest of just heard that the lumber industry is pations. Today nearly 50 percent of the us, and we should respect and honor the most dangerous. Yes, it is. The Amish men work in nonfarm occupa- those differences. They have a formal most dangerous part is the falling of tions, primarily in the lumber indus- education for their young men and trees. They are not going to be doing try. However, when the Amish take young women up until about the eighth that. The next most dangerous part is their young men to work with them in grade, and then after the eighth grade running saws and planers and equip- the sawmills, they are in violation of many of their children, young minors, ment. They are not going to be doing child labor law. are enrolled in informal vocation class- that. They are going to be doing odd Therefore, last Congress the gen- es learning directly under the super- jobs in the mill, stacking lumber, tleman from Pennsylvania (Mr. PITTS) vision of parents and teachers. cleaning up, office work, running er- introduced a bill to amend the child In Indiana, let me give my colleagues rands, helping out, learning a trade. labor laws to permit the Amish to take an example, this is primarily done in Young people in the Amish commu- their young men to the sawmill with small cabinet-making shops where peo- nity when they are finished with school them. In response to this concern ple have worked with the Amish com- at 14, they learn a trade and when they about exposing young men to hazards munity for decades and where they are work around the edges of a mill, when that has been mentioned here by a cou- small, family-owned businesses. This is they work around the edges of an oper- ple of Members, we saw that, too. We not an instance where young people are ation, they learn that business over a wondered if we were not doing the out in harm’s way from falling trees or period of time. We are not putting same. But we worked with the gen- with big sawmills. They are in working them in harm’s way. In my view, this tleman from Pennsylvania (Mr. PITTS) environments in small business com- is legislation that is needed to be done to come up with a solution to that munities. to preserve the Amish life. As someone problem. I worked with him to add a We have four major protections out- just mentioned, they are not a part of number of safety provisions such as re- lined in this bill that I will not go into the difficulties in our society. They are quiring earplugs, face masks, adult su- articulating but I will again urge this a quiet people who teach their youth to pervision, et cetera. We must have body to support this bipartisan, com- work and carry on whatever the tradi- done a good job because it passed out of monsense bill. tion of that family was. This is a very committee by a voice vote and passed Mr. CLAY. Mr. Speaker, I yield 2 sensible, well-thought-out solution on the floor by a voice vote. Because minutes to the gentleman from Penn- that will allow this community to pre- the Senate ran out of time is the only sylvania (Mr. KLINK). serve its way of life. reason we are here considering this Mr. KLINK. Mr. Speaker, I thank the I urge the Members of this Congress noncontroversial legislation again. gentleman for yielding me this time. I to tell the Department of Labor and In- This bill before us is identical to the get nervous when I find myself on the dustry to go on and deal with real bill that was passed by the House in opposite end of a labor issue from the problems and leave our Amish to raise the last Congress. It addresses the gentleman from Missouri (Mr. CLAY) their children as they have in the past same problems and contains the same and the gentleman from Michigan (Mr. with a very good record. safety provisions and still makes good KILDEE), but in this instance I come Mr. CLAY. Mr. Speaker, I yield 3 sense. Therefore, although you may from a different perspective. I grew up minutes to the gentleman from Califor- not have a large number of Amish in in a small town called Summit Mills in nia (Mr. MARTINEZ). your district, I urge you to support this southwestern Pennsylvania. That town Mr. MARTINEZ. Mr. Speaker, last bill. is mostly Amish. And so as I grew up in September this body considered a piece Mr. GOODLING. Mr. Speaker, I yield that community as a young man, 12, 13, of legislation identical to this bill be- the balance of my time to the gen- 14, 15, 16 years of age, I worked in fore us today. Then as now, I support tleman from Indiana (Mr. SOUDER) and Amish farms, I worked in Amish saw- the bill very much. You might ask why ask unanimous consent that he be per- mills, I worked and learned carpentry someone from an urban area like my- mitted to control that time. with my friends the Amish. I worked in self would support a bill such as this, The SPEAKER pro tempore (Mr. their maple sugar camps. I understand because there are no Amish in Los An- STEARNS). Is there objection to the re- their way of life because I lived it with geles County. Well, I do not care where quest of the gentleman from Pennsyl- them. I know that there is no danger. I you live in this country, when it comes vania? also know that if they do not employ to keeping our young people engaged There was no objection. their children, it does not mean that productively and out of trouble, the Mr. CLAY. Mr. Speaker, I yield 2 they are going to employ someone else, challenges are the same no matter minutes to the gentleman from Indiana it means they are going to work that where you are. And although the an- (Mr. ROEMER). much longer and that much harder swer is different in different parts of Mr. ROEMER. Mr. Speaker, I thank themselves or they are not going to the country, the goal is the same, to the gentleman from Missouri for yield- make that much more money. They are keep those kids out of trouble, keep ing me this time and I rise in support going to in fact have to live with less. them working, keep them interested in of this legislation. I want to commend In my district now, the 4th District something that will make a good life the gentleman from California (Mr. of Pennsylvania, in Lawrence County, for themselves. MARTINEZ) and the gentleman from the Amish live there, they are quiet I supported that bill last year, be- Pennsylvania (Mr. PITTS) for exercising people, they do not drive cars, they do cause I understand the Amish way and common sense and bipartisanship in not listen to radio or watch TV. But where they face problems that are dif- crafting this legislation. It is ex- what they do is when their children are ferent than those that we face in Los tremely important that we strike a finished with school at the eighth March 2, 1999 CONGRESSIONAL RECORD — HOUSE H841 grade, they teach their children how to sense safeguards built into this legisla- Ohio, and very few from Indiana and make a living. They in essence are the tion that we can all support. First, mostly up from the district of the gen- trade school themselves. If the family that teenagers must be supervised by tleman from Indiana (Mr. ROEMER) be- business is carpentry, if it is a sawmill, an adult who is a member of the same cause the Amish in my district do not if it is a maple sugar camp in the sect or division; second, the teenagers take part in any governmental activi- spring, if it is farming, they teach their are not allowed to operate or even as- ties and therefore are completely vul- children to do this. If the children have sist in the operation of power-driven nerable and helpless when the govern- other interests, they may go off and woodworking machines; and, finally, ment comes in and tries to alter their work with an uncle or someone else on they must be protected by an appro- life-style. their farm. priate barrier to the potential hazard For 18 months we have negotiated This bill, H.R. 221, of which I am an of flying debris and wood particles. with the Department of Labor. We have original cosponsor, does specify that Mr. Speaker, I think we have to do negotiated through several rounds the young Amish people would not be all that we can to preserve our Na- through our committee. permitted to operate power-driven tion’s distinct and diverse heritage b 1300 woodworking machinery. Regarding without sacrificing personal safety and the workplace safety of this bill, the well-being, especially when it comes to I am frustrated how long this has bill requires a barrier or some other the safety of our children. I believe this taken. This is a tad ridiculous, quite means of protection to be used to pro- bill is a commonsense step in that di- frankly. At the same time, I am glad tect these teenagers from flying wood rection. Therefore, I urge my col- we are to this point, and I am glad we particles. leagues today to support what I feel is are finally making progress. I have a very strong voting record to an appropriate bill with the appro- We have heard particulars in this maintain our labor laws. This bill sim- priate safeguards. bill, that in fact this is an ply amends the Fair Labor Standards Mr. CLAY. Mr. Speaker, I have no endangerment. It is not a question of Act and would allow these young peo- further requests for time, and I yield whether the Amish are old enough to ple ages 14 to 18 who are members of back the balance of my time. smoke or old enough to do many this religious sect to work with their Mr. SOUDER. Mr. Speaker, I yield things, because they are certainly old parents, to work with adults, those myself such time as I may consume. enough to sweep a floor. This is not a who are like the Amish to be able to be I, too, want to thank the gentleman matter of working the woodworking employed in a family business where from Pennsylvania (Mr. GOODLING), the equipment. It is a matter of doing the wood is processed with machinery. gentleman from Pennsylvania (Mr. tangential jobs. We, as my colleagues I ask my colleagues to suspend the PITTS), the gentleman from Pennsyl- have heard, put restrictions that limit rules and pass H.R. 221. vania (Mr. PETERSON) as well as our bi- that endangerment. Mr. CLAY. Mr. Speaker, I yield 2 partisan help from the gentleman from Furthermore, as we see the pressures minutes to the gentleman from Wis- California (Mr. MARTINEZ), the gen- in our communities in Indiana, in Ohio, consin (Mr. KIND). tleman from Indiana (Mr. ROEMER), the Pennsylvania, Wisconsin, Illinois, (Mr. KIND asked and was given per- gentleman from Wisconsin (Mr. KIND), Iowa, where there are Amish commu- mission to revise and extend his re- the gentleman from Pennsylvania (Mr. nities, we have a fundamental question marks.) KLINK) and others on the other side of we have to answer in this country: Can Mr. KIND. Mr. Speaker, I thank the the aisle who have helped to finally you practice religious freedom within gentleman for yielding me this time. bring this remedy hopefully to closure the confines of what we expect in pub- As a member of the Committee on Edu- this year. lic health and safety? As they cannot cation and the Workforce, I rise today For the record, I want to say I am divide their farms any further, they in support of this bill. I believe this is not just a bystander in this. Not only have turned to other crafts like wood- a commonsense measure allowing the do I represent the 3rd, 7th and 10th working, and if they cannot practice Amish to preserve their culture as well largest old order communities in the woodworking, and if they cannot prac- as the control of the upbringing of country, and by old order I mean that tice their religious faith, they will their children while maintaining im- they do not have tops on their buggies leave our country or have to change portant child labor enforcement poli- and they are not allowed to marry the their religion, and that is not what cies. Amish in many of these other gentle- America was based on. I want to take this opportunity to men’s districts who have tops on their I would argue that many of the argu- commend the gentleman from Califor- buggies and are much, therefore, more ments that have been put forth nia (Mr. MARTINEZ), the gentleman liberal Congressmen and members. through the past few years are absurd. from Pennsylvania (Mr. PITTS) and es- Furthermore, this has nothing to do I have seen in print that there could be pecially the gentleman from Pennsyl- with voting. Out of the 20,000 Amish in forklifts running over these kids. They vania (Mr. PETERSON) for the leader- my district, I think approximately 150 do not have forklifts in Amish factories ship that they have shown in crafting voted. Three in my hometown of because they do not have electricity. I what I think is a very commonsense Grabill went out to vote and then got just heard a reference to robber barons. measure. To this day the Amish con- kicked out of church for going out be- As my colleagues know, the Amish par- tinue to make great contributions to cause they wanted to vote for me and ents are not robber barons, and we have our Nation’s heritage across the coun- they had to work that through in their to be very careful about confusing past try and as well in my congressional church. My great grandfather in 1846 labor disputes with one of the most in- district in western Wisconsin. Tradi- was one of the first Amish settlers in nocent, helpless and vulnerable seg- tionally Amish children’s formal edu- Allen County. He left the Amish faith ments of our society. I do not under- cation ends at a very early age. They around the turn of the century, but I stand how anybody could oppose these continue to learn by doing. Their still have many cousins and many, poor, low-income people, who are at youth attend school until the age of 14, many friends in the Amish community the mercy of everybody else, having after which they work with an adult and I grew up in a small town sur- their ability to work with their chil- member of the community to gain rounded by an old order Amish commu- dren in their factories. hands-on experience, offentimes in nity and went to school with many of So, in their woodworking, whether it small, family-owned woodworking them. is furniture or whether it is pallets or shops. In the past the practice has So I have been very involved with whatever they do, so that they can con- come into conflict with certain child this issue even though the original tinue their way of life, they are not the labor provisions of the Fair Labor points of contention with the Depart- people with the gang problems, they Standards Act. ment of Labor came up in Pennsyl- are not the people with drug problems, Yes, woodworking machines can be vania and most of the Amish who were they are not the people with the social very dangerous, especially for young at the meetings that we had with the problems we see elsewhere. So why children, but thanks to my colleagues I Department of Labor were from Penn- would we come barreling into their think there have been some common- sylvania, a few from Holmes County, community and try to change their H842 CONGRESSIONAL RECORD — HOUSE March 2, 1999 lifestyle when they should be a model To employ children in an industry where the The SPEAKER pro tempore. Is there for the rest of us, not somebody who we occupational fatality and injury rates are five objection to the request of the gen- try to destroy their culture? times the national average is irresponsible. If tleman from Indiana? Mr. EWING. Mr. Speaker, as a co-sponsor enacted, H.R. 221 will inevitably result in the There was no objection. of this important legislation, I urge my fellow serious injury or death of a minor. Attached for f colleagues on both sides of the aisle to sup- the RECORD are letters from the Department of DISASTER MITIGATION port H.R. 221. The bill amends the Fair Labor Labor and the Department of Justice. COORDINATION ACT OF 1999 & Standards Act to allow youths between the Mr. GEKAS. Mr. Speaker, I rise today to ap- ages of 14±18, who are members of a reli- plaud the passage of H.R. 221, legislation Mr. TALENT. Mr. Speaker, I move to gious sect or division, to work in businesses which will permit a unique culture to continue suspend the rules and pass the bill where machinery is used to process wood practicing traditions vital to its way of life. This (H.R. 818) to amend the Small Business Act to authorize a pilot program for products. bill changes current law so that Amish teen- the implementation of disaster mitiga- This legislation is of great importance to me agers may continue work in businesses where since my district has the greatest population of tion measures by small businesses. machinery is used to process wood products. The Clerk read as follows: Amish residents in Illinois. Instead of continu- Child labor provisions in the 1938 Fair Labor H.R. 818 ing formal education past the 8th grade, Standards Act (FLSA) prevent Amish young Amish children typically go to work with their Be it enacted by the Senate and House of Rep- people from learning the practical skills they resentatives of the United States of America in parents or another adult leaning a trade, usu- need to successfully contribute to their com- Congress assembled, ally woodworking or farming. This is not an ex- munity. The U.S. Department of Labor has fol- SECTION 1. SHORT TITLE. ample of ``sweatshops'' where children are lowed a rigorous enforcement policy in the This Act may be cited as the ‘‘Disaster forced to work against their willÐthis is a tra- arena of child labor. The Department of Labor Mitigation Coordination Act of 1999’’. dition that the Amish community has held near has levied fines of up to $20,000 on several SEC. 2. PILOT PROGRAM. and dear to their hearts. Amish businesses. These actions are not just (a) IN GENERAL.—Section 7(b)(1) of the Current FLSA language allows the Depart- intrusive, they are insulting to a proud culture Small Business Act (15 U.S.C. 636(b)(1)) is ment of Labor to levy fines up to $20,000 on amended— which has long prospered within the bound- (1) in subparagraph (B), by adding ‘‘and’’ at several Amish businesses, and to confiscate aries of our laws. the end; and their equipment. This is not only a financial While enforcement of child labor laws is (2) by adding at the end the following: hardship that small business must absorb, but laudable and necessary, it is detrimental to the ‘‘(C) during fiscal years 2000 through 2004, an imposition on secular values. This is not Amish people. In their culture, Amish youth to establish a disaster mitigation program to the role of government. finish organized schooling at the age of 14, make such loans (either directly or in co- This legislation allows Amish children to when they go to work with their parents or operation with banks or other lending insti- begin their life's work under the proper super- other adults in their community to learn a tutions through agreements to participate vision of an adult and requires the youth to be on an immediate or deferred (guaranteed) trade. Due to the nature of their lifestyle, these basis) as the Administrator may determine properly protected in the various work areas. occupations are primarily in agriculture and to be necessary or appropriate to enable We should not penalize a religious community woodworking, work which requires long peri- small business concerns to implement miti- and their citizens from pursuing life-long tradi- ods of apprenticeship to learn the proper and gation measures pursuant to a formal disas- tions. safe use of the required machinery. ter mitigation program established by the Once again, I urge my colleagues to support H.R. 221 recognizes this fact by providing Federal Emergency Management Agency, ex- this legislation. specific requirements for the sake of safety-re- cept that no loan or guarantee may be ex- tended to a small business concern under Mr. OWENS. Mr. Speaker, I rise in opposi- quirements that the Amish have implemented tion to H.R. 221. this subparagraph unless the Administration long before the Fair Labor Standards Act finds the concern is otherwise unable to ob- This bill permits children to work in one of came into effect. Individuals working in these tain credit for the purposes described in this the most hazardous industries in the country. trades must be between the ages of 14 and subparagraph.’’. Fourteen-year-old children do not possess the 18, and be a member of a religious sect or di- (b) AUTHORIZATION OF APPROPRIATIONS.— full autonomy of choice and may not possess vision which mandates no formal education Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended by adding at the the full capacity for choice possessed by beyond the eighth grade. Other provisions in- adults. They should not be allowed to place end the following: clude the proper wear of protective gear, as ‘‘(f) DISASTER MITIGATION PILOT PRO- themselves or be placed by others in occupa- well as proper adult supervision at all times. GRAM.—The following program levels are au- tional situations that may be life threatening. The Amish are a people who take great thorized for loans under section 7(b)(1)(C): The occupational fatality rate in the Wood pride in their secular values, and rightfully take ‘‘(1) $15,000,000 for fiscal year 2000. Products Industry is five times higher than the great umbrage to any attempts to influence ‘‘(2) $15,000,000 for fiscal year 2001. national average. One of the witnesses who their lifestyle. I am thankful that we in the Con- ‘‘(3) $15,000,000 for fiscal year 2002. ‘‘(4) $15,000,000 for fiscal year 2003. testified on behalf of this legislation told of gress can take pride in the fact that today we how he lost several fingers when during a mo- ‘‘(5) $15,000,000 for fiscal year 2004.’’. did the right thing, and corrected an error in (c) EVALUATION.— ment of inattention, he carelessly set his hand bureaucracy which threatened the culture of a (1) IN GENERAL.—On January 31, 2003, the on a conveyor belt and it ran his hand into a group of people. Administrator of the Small Business Admin- saw. This accident happened to an adult with Mr. SOUDER. Mr. Speaker, I yield istration shall submit to the Committees on years of experience in the wood processing in- back the balance of my time. Small Business of the House of Representa- dustry. Inexperience and lack of maturity serve The SPEAKER pro tempore (Mr. tives and the Senate a report on the effec- tiveness of the pilot program authorized by to make the potential risks faces by minors STEARNS). The question is on the mo- even greater than they are by minors even section 7(b)(1)(C) of the Small Business Act, tion offered by the gentleman from as added by subsection (a) of this section. greater than they are for adults. It is unreason- Pennsylvania (Mr. GOODLING) that the (2) CONTENTS OF REPORT.—The report shall able to expect a fourteen year-old to maintain House suspend the rules and pass the include— the kind of continuous safety concern we ex- bill, H.R. 221, as amended. (1) information relating to— pect for adults. In this industry, a moment of The question was taken; and (two- (A) the areas served under the pilot pro- inattention can be fatal. Secretary Herman in thirds having voted in favor thereof) gram; a letter to Chairman GOODLING opposing this the rules were suspended and the bill, (B) the number and dollar value of loans legislation said, ``While we are sensitive to the made under the pilot program; and as amended, was passed. (C) the estimated savings to the Federal cultural and religious traditions of the Amish A motion to reconsider was laid on Government resulting from the pilot pro- and similar American communities, we believe the table. gram; and the benefits of accommodating those traditions f (2) such other information as the Adminis- must be carefully balanced against the na- trator determines to be appropriate for eval- tion's longstanding concern for the safety and GENERAL LEAVE uating the pilot program. welfare of children.'' Secretary Herman pro- Mr. SOUDER. Mr. Speaker, I ask The SPEAKER pro tempore. Pursu- vides the focus which should guide this Con- unanimous consent that all Members ant to the rule, the gentleman from gress in its deliberations concerning child- may have 5 legislative days in which to Missouri (Mr. TALENT) and the gen- labor issues. We should always place the pro- revise and extend their remarks on tleman from Washington (Mr. BAIRD) tection of our children's health and safety first. H.R. 221, the bill just passed. each will control 20 minutes. March 2, 1999 CONGRESSIONAL RECORD — HOUSE H843 The Chair recognizes the gentleman Agency. The mitigation techniques are loans during that same period of time. from Missouri (Mr. TALENT). varied. They include a wide range of In 1998 alone, SBA approved over 30,000 Mr. TALENT. Mr. Speaker, I yield activities, including building improve- loans valued at approximately $728 mil- myself such time as I may consume. ments, relocation and the like. lion. As I speak to my colleagues Mr. Speaker, I begin by thanking my H.R. 818 will authorize SBA to lend today, the Cascade Mountains in Wash- colleague, the ranking member on the up to $15 million each year through fis- ington State are laden with more than Committee on Small Business, the gen- cal year 2004 in support of the Disaster two times the normal average snow tlewoman from New York (Ms. Mitigation Pilot Program. These funds pack, and if we have an unfortunate VELA´ ZQUEZ), for her assistance in mov- will come from existing section 7(b) weather occurrence, the probability of ing this bill and also my colleague disaster loan appropriations and will be flooding is quite high. So clearly any from Washington (Mr. BAIRD) for his subject to appropriations available for approach, such as that which we are assistance in handling it. that program, so the bill does not au- discussing today, to minimize damages Mr. Speaker, H.R. 818, the Disaster thorize any new Federal spending. resulting from natural disasters has Mitigation Act of 1999, is a common- Finally, H.R. 818 will require the SBA the potential to reduce costs to all our sense approach to applying the prin- to report to Congress on January 31, taxpayers and, more importantly, to ciple of preventive care in coping with 2003. The report will document the save peoples’ lives and homes. natural disasters. H.R. 818 is substan- number of loans made, the areas served For that reason, I have been strongly tially identical to a measure reintro- by the pilot and the estimated savings supportive of the Impact Program of duced by Senator CLELAND, the meas- to the government as a result of the FEMA that incorporates a simple phi- ure which actually passed the Senate program. losophy: Invest today in long-term pre- last year. It is part of the administra- I want to again thank my colleagues, vention so that we may reduce dam- tion’s budget request, and it has sub- the gentlewoman from New York (Ms. ages resulting from natural disasters. stantial bipartisan support. VELA´ ZQUEZ), and my friend, the gen- By taking modest steps in advance, we Since 1953, the Small Business Ad- tleman from Washington (Mr. BAIRD), really can save money; and, more im- ministration has administered the Dis- for their assistance in moving the portantly, we can save lives. aster Loan Program authorized by sec- measure before us. Mr. Speaker, I urge The operative notion today is money tion 7(b) of the Small Business Act. my colleagues to support H.R. 818. spent in prevention will save all of us This program provides loans to help Mr. Speaker, I reserve the balance of money in post-disaster assistance. This small businesses rebuild after natural my time. legislation will create a demonstration disasters. Mr. BAIRD. Mr. Speaker, I yield my- program at SBA. It will provide low-in- In past years, the loan program has self such time as I may consume. terest loans to small businesses to fi- spent billions of dollars helping small (Mr. BAIRD asked and was given per- nance measures that might reduce businesses recover from natural disas- mission to revise and extend his re- property loss and increase worker safe- ters. For example, in fiscal year 1998, marks.) ty in the event of a natural disaster. It the SBA lent $728 million for 30,154 dis- Mr. BAIRD. Mr. Speaker, I want to authorizes SBA to finance up to $15 aster loans. In 1997, it lent $1.1 billion begin by thanking my distinguished million in new loans each year for 5 for 49,515 disaster loans. In 1994, the colleague from the great State of Mis- years and to award those loans to busi- SBA’s highest demand came when it souri, the chairman of the Committee nesses who want to make the necessary loaned over $4.1 billion for damage on Small Business, for his work in changes to reduce disaster impact. This done due to the Northridge Earthquake bringing this bill to the floor today and bill also contains an accountability in California. It was important, Mr. for his initiative in seeking measures measure. It requires the SBA adminis- Speaker, that we do this to help people to assist and prevent disasters trator to report to Congress in the recover from the damage inflicted by throughout the country. I would also fourth year of the program regarding natural disasters. like to thank my colleague from New the number of loans it provided and the We should also recognize that the York, the distinguished ranking mem- estimated savings to the taxpayers and cost of disaster assistance has risen ber, who has joined in working to pre- the government that will result from over the past several years due to in- vent disasters and provide assistance the mitigation efforts. creases in construction and other for the victims of disasters. Mr. Speaker, in our own lives we all costs, and it is clear that efforts must Mr. Speaker, today we are talking try to anticipate risks and try to do be made to help prevent this kind of about the need to adequately support what we can to prevent them. Today’s damage in the first place, both to pre- people whose lives have been dev- effort represents a common-sense, bi- vent the human injury and toll and astated by natural disasters. I happen partisan approach to minimizing disas- also to hold down costs to the tax- to live in a district where disasters are ter impact. It has the support of Re- payers. Implementing the program to not uncommon. With Mount Saint Hel- publicans and Democrats alike because help small businesses use techniques to ens in our district, with heavy rainfall it has the potential to save taxpayers’ lessen damages caused by natural dis- and, unfortunately, with recent land- money and to save the lives of our citi- asters offers the potential to save slides, we face a growing need, unfortu- zens. much anguish for many people across nately, to have our citizens prepared to So, again, I want to express my pro- the United States and also to save mil- prevent and to respond to disasters found appreciation to the chairman lions of dollars in the future. when they do occur. and to the ranking member and en- The Federal Emergency Management Just last week I spent dozens of courage my colleagues in joining me Agency currently manages Project Im- hours working with a group of citizens today in support of this legislation. pact which works in conjunction with from a neighborhood in Kelso, Wash- Mr. Speaker, I yield such time as she communities and businesses on such ington, whose homes have been com- may consume to the gentlewoman from mitigation policies and techniques. pletely destroyed by a slow-moving New York (Ms. VELA´ ZQUEZ). Passage of H.R. 818 will complement landslide. From this experience I have Ms. VELA´ ZQUEZ. Mr. Speaker, I and further these efforts at mitigation learned a great deal about what hap- want to thank the gentleman from by offering small businesses low-inter- pens to families and to neighborhoods Washington (Mr. BAIRD) for yielding est loans for disaster mitigation when disaster strikes, and I know how this time to me. through the Small Business Adminis- imperative it is to help those folks Mr. Speaker, I rise today in strong tration. cope with disasters once they occur. I support of H.R. 818, the Disaster Miti- H.R. 818 authorizes the SBA to estab- also believe that we need to do more to gation Pilot Program. lish a pilot program to make loans to focus on disaster prevention, and it is Traditionally, business owners have small businesses for purposes of miti- to that issue that we speak today. only been able to get help after a natu- gating the effects of natural disasters. In the past 10 years, FEMA has spent ral disaster has struck and caused dam- These loans will be made in support of over $20 billion to help rebuild commu- age to their business. For many small the mitigation program established at nities after natural disasters, and the businesses, this assistance comes too the Federal Emergency Management SBA has approved billions more in late to save them from economic ruin. H844 CONGRESSIONAL RECORD — HOUSE March 2, 1999 The loss of revenue and time needed to hardly a part of this country that has basements in the city of Chicago, de- recover causes countless businesses to not been victimized by natural disas- stroying homes and businesses alike. fail. Instead of being able to rebuild, ters, as Members know, I represent a This bill will enable these businesses to many communities are faced with a district, the U.S. Virgin Islands, which apply and receive loans to prepare be- loss of jobs as many businesses perma- has been devastated by over 5 major fore disasters like this one strike. nently close after a disaster. hurricanes over the past 10 years. I Mr. Speaker, I think this is an excel- We have seen this happen again and therefore know firsthand the impor- lent proposal put forth by the Commit- again over the past few years. Hurri- tance of the Small Business Disaster tee on Small Business. I think once canes, floods and wildfires have threat- Assistance Program. again this committee has risen to the ened economic stability and the future As a matter of fact, the Virgin Is- occasion. It saw a need, recognized a of communities across this Nation. lands has utilized $388 million in disas- problem, and got in front of it. So I However, until today, businesses have ter loan assistance since that time, want to commend the gentleman from only been able to get help after it is third only to California and Florida. Missouri (Chairman TALENT) and the too late. Today’s legislation will Mr. Speaker, we need to pass this leg- ranking member, the gentlewoman change this story. islation. Once H.R. 818 is enacted into from New York (Ms. VELA´ ZQUEZ) for Mr. Speaker, today we are taking an law, the SBA will be joining FEMA’s making sure that we as Congress do important step in being proactive rath- Project IMPACT in providing a means our part to prevent disasters from dev- er than just reactive to natural disas- for businesses to mitigate the effects of astating the small businesses of our ters. H.R. 818, the Disaster Mitigation hurricanes. It will be reducing the Nation. Pilot Program, authorizes $75 million overall damage to the community that Mr. BAIRD. Mr. Speaker, it is a to be used by SBA in cooperation with these storms can cause. pleasure to yield such time as she may FEMA over the next 5 years to help I am a resident of the island of St. consume to the gentlewoman from businesses in disaster-prone areas take Croix, which is a Project IMPACT des- California (Mrs. NAPOLITANO). preventive measures to avert or mini- ignee, and has been cited by FEMA for Mrs. NAPOLITANO. Mr. Speaker, I mize damage should disaster strike. By its successful mitigation efforts in de- thank the gentleman for yielding time enabling businesses to take preventive creasing damage, injuries, and recovery to me. measures which mitigate the damages costs to that agency. Hurricane Mr. Speaker, this is a very important caused by floods, hurricanes and other Georges came through the Virgin Is- issue for California, and I am sure disasters, this program would allow lands, but we heard very little about it Members understand that California them to recover much faster. There- because we were prepared. We are a tes- has been through floods, fire, and fore, instead of going out of business, timony to the fact that mitigation earthquakes in the last 5 years that they will be able to get back to busi- works. have necessitated the heavy assistance ness much quicker than ever before. This is a program that I know will be from FEMA that comes in reactively. The Disaster Mitigation Program is a embraced by communities across the We certainly endorse the thrust of common-sense approach to helping country as they try to deal with disas- this H.R. 818, and commend both sides businesses cope with disasters. The ters. I urge the passage of H.R. 818. for the effort they are putting into program also makes fiscal sense. Some Mr. BAIRD. Mr. Speaker, it is en- working effectively to help small busi- estimates show that every dollar spent couraging to hear how successful this nesses be able to be proactive in an on mitigation saves $2 in money that program can be. area that is of vital concern to the will otherwise have to be spent on post- Mr. Speaker, it is a pleasure to yield whole Nation, not just California. disaster response. Not only will busi- such time as he may consume to the This would enable my small busi- nesses and taxpayers come out ahead, gentleman from Illinois (Mr. DAVIS). nesses to be able to move some of their but the American economy will as well. Mr. DAVIS of Illinois. Mr. Speaker, I infrastructure to where the damage, Finally, I would like to thank the thank the gentleman for yielding time whether it is a fire or flood, will be less gentleman from Washington (Mr. to me. devastating, and in earthquakes, be BAIRD) and the gentleman from Mis- Mr. Speaker, I rise in support of H.R. able to assist a small business survive souri (Mr. TALENT). Their constituents 818, the Small Business Disaster Miti- the rock and rolling that happens in an face the threat of natural disaster, and gation Coordination Act. This is a $15 earthquake in California by being able their insight and hard work on this leg- million effort to help small businesses to strap down their most important islation have been a great help to all of in disaster-prone areas to take prevent- pieces of equipment, so they are not us. I strongly support H.R. 818, and I ative measures to avert and minimize damaged. urge my colleagues to vote for this im- damage due to natural disasters. So it is very essential for us, and I portant piece of legislation. This bill, as we have already heard, would hope that it would be a slightly Mr. BAIRD. Mr. Speaker, I yield such will further assist FEMA and the SBA larger amount than $15 million a year time as she may consume to the gen- in reducing disaster losses by focusing for 5 years. I think California alone tlewoman from the Virgin Islands (Mrs. the energy of these departments on the would be able to use that amount, but CHRISTENSEN). importance of helping small businesses the effort is what counts. I am sure prepare and recover from natural disas- b that both sides will understand, and 1315 ters. small business will thank their rep- Mrs. CHRISTENSEN. Mr. Speaker, I By passing H.R. 818, Congress will resentatives for being able to under- thank my esteemed colleague, the gen- help FEMA and the SBA provide more stand how important this piece of leg- tleman from Washington (Mr. BAIRD) disaster assistance to one of the most islation will be. for yielding time to me. vulnerable segments of our society, I heartily ask both sides to consider I also want to take this opportunity small and very small businesses. that this bill will be a very highly to commend our hard-working chair- For instance, on August 16th, 1997, proactive small business bill, because man, the gentleman from Missouri (Mr. severe thunderstorms released heavy it will be small business that will bene- JIM TALENT), and the ranking member, amounts of rain in a short period of fit from it. the gentlewoman from New York (Ms. time. The National Weather Service re- Mr. BAIRD. Mr. Speaker, I yield such NYDIA VELA´ ZQUEZ) for their leadership ported that over 4 inches of rain fell in time as he may consume to the gen- and creativity which is providing un- less than 2 hours on the West Side of tleman from Guam (Mr. UNDERWOOD). precedented support for small busi- Chicago and in neighboring suburban Mr. UNDERWOOD. Mr. Speaker, I nesses across the country. communities. As much as 6.1 inches of thank the gentleman for yielding time Mr. Speaker, I rise today to join my rain were recorded in some areas. to me. colleagues and express my strong sup- The rate of rainfall produced flash Mr. Speaker, I stand in strong sup- port for H.R. 818, a bill which author- flooding that severely overloaded the port of H.R. 818, and I congratulate the izes $15 million for the Disaster Mitiga- stormwater drainage system. With no- gentleman from Missouri (Mr. TALENT), tion Pilot Program of the Small Busi- where else to flow, the rainwater the chairman, the gentlewoman from ness Administration. Although there is backed up into literally thousands of New York (Ms. VELA´ ZQUEZ), and the March 2, 1999 CONGRESSIONAL RECORD — HOUSE H845 gentleman from Washington (Mr. Mr. Speaker, I have no further re- GENERAL LEAVE BAIRD) for their efforts in this regard. quests for time, and I yield back the Mr. TALENT. Mr. Speaker, I ask For many people nationwide, I think balance of my time. unanimous consent that all Members Guam is synonymous with a number of Mr. TALENT. Mr. Speaker, I yield may have 5 legislative days within things. One of them is certainly natu- myself such time as I may consume. which to revise and extend their re- ral disasters. Guam’s location as the Mr. Speaker, I will close briefly. I ap- marks and include extraneous matter ‘‘center arrow’’ of the Pacific Ocean’s preciate very much the comments from on H.R. 818. typhoon alley has made my island com- my colleagues in support of this legis- The SPEAKER pro tempore. Is there munity prone to disasters, sometimes lation. objection to the request of the gen- on an annual basis. In this decade I want to make a couple of points in tleman from Missouri? alone, Guam has been subjected to at closing, Mr. Speaker. One is that we There was no objection. least a dozen typhoons. At one time, certainly are given to understand that five had hit Guam in the span of 3 f it is the intention of the administra- months. tion to implement this legislation EXPORT APPLE ACT As many may recall, the most recent quickly, and I would hope that is the storm, Typhoon Paka, devastated the Mr. COMBEST. Mr. Speaker, I move case. island in December of 1997 and caused to suspend the rules and pass the bill property damage of over $100 million. It is just a pilot program. There is no (H.R. 609) to amend the Export Apple On top of these storms, Guam also be- reason why it should not be more than and Pear Act to limit the applicability came a victim of an 8.2 earthquake in a pilot program. It makes perfect of the Act to apples. 1994, which has been one of the strong- sense, and it is going to help a lot of The Clerk read as follows: est recorded in the Pacific in this cen- people. That is what it comes down to. H.R. 609 So we hope that the administration, tury. Be it enacted by the Senate and House of Rep- H.R. 818 is good legislation. It is the executive branch, will move quick- resentatives of the United States of America in proactive, and it will prepare commu- ly in implementing this, and the Com- Congress assembled, nities, and in particular small busi- mittee on both sides of the aisle is SECTION 1. SCOPE OF EXPORT APPLE AND PEAR nesses, for recovery. SBA already as- going to assist in any way that we can. ACT. sists my island community by giving The second point I wanted to empha- (a) SHORT TITLE.—The Act of June 10, 1933 SBA disaster loans, and along with size, Mr. Speaker, is as we have all (7 U.S.C. 581 et seq.; commonly known as the Export Apple and Pear Act), is amended by FEMA, SBA provides a Federal team noted, we hope that this does save dol- lars for the Federal government, for adding at the end the following new section: that almost every citizen in Guam ‘‘SEC. 11. This Act may be cited as the ‘Ex- knows about. I think very few commu- the Federal Treasury. I am confident it port Apple Act’.’’. nities could state that their citizens will do that. But the human cost of dis- (b) DEFINITION OF APPLES.—Section 9 of know of what FEMA and SBA disaster asters is what we really have to look at such Act (7 U.S.C. 589) is amended by strik- loans are all about. here. ing paragraph (4) and inserting the following This legislation will help small busi- On a very practical level, to the ex- new paragraph: nesses prepare for disasters, perhaps re- tent we can make this program a work- ‘‘(4) The term ‘apples’ means fresh whole ing program, it means that small busi- apples, whether or not the apples have been ducing expenses at the other end of dis- in storage.’’. asters, help communities recover ness people on flood plains, small busi- (c) ELIMINATION OF REFERENCES TO quickly, because small businesses help ness people on coasts that are consist- PEARS.—Such Act is further amended— generate economic activity, which will ently battered by typhoons or hurri- (1) by striking ‘‘and/or pears’’ each place it cause immediate recovery. canes, will have the opportunity to pre- appears in the first section and sections 5 Reacting to a storm plagues many vent this damage from occurring. They and 6; and communities with confusion. This pilot can get glass windows replaced by (2) by striking ‘‘or pears’’ each place it ap- program aims to empower the business plexiglass. If they are a small account- pears in the first section and sections 2, 3, community with information and miti- ing firm in a building, they can get the and 4. gation activities which will prevent se- building raised so that the flood does The SPEAKER pro tempore. Pursu- rious losses. not affect them as much as it other- ant to the rule, the gentleman from As the previous speaker noted, $15 wise would. Texas (Mr. COMBEST) and the gen- million is a very small amount, and we Anybody, Mr. Speaker, who has tleman from Texas (Mr. STENHOLM) understand that this is a pilot project. talked to individuals whose lives have each will control 20 minutes. We understand, too, that the terri- been devastated by natural disasters The Chair recognizes the gentleman tories are full partners in this program. knows how important it is that we give from Texas (Mr. COMBEST). We certainly hope that in coming years them an opportunity to prevent that Mr. COMBEST. Mr. Speaker, I yield the amounts will be expanded, and we from occurring in the first place. That myself such time as I may consume. will do everything we can to make sure is what H.R. 818 does. I commend it to Mr. Speaker, the Export Apple Act this pilot project is a success. all the Members of the House. replaces the Export Apple and Pear Act, which was enacted on June 10, I thank both sides for their efforts in I thank, once again, my colleagues 1933. Currently, this 66-year-old legisla- this regard. on the other side of the aisle, and in tion requires that apples and pears Mr. BAIRD. Mr. Speaker, I yield my- particular, the gentlewoman from New self such time as I may consume. meet certain standards prior to export York (Ms. VELA´ ZQUEZ) for her assist- Mr. Speaker, as the statements of my in order to ensure only high-quality ance. colleagues clearly indicated, the need U.S. fruit moves into foreign com- for preventative, proactive, advanced Mr. Speaker, I have no further re- merce. measures to prevent the damages of quests for time, and I yield back the H.R. 609 amends the 1933 act by re- natural disasters is clear. balance of my time. moving pears from the language, and it I would like to commend the chair- The SPEAKER pro tempore (Mr. will be permitting the means to in- man of this committee for his fore- STEARNS). The question is on the mo- crease the export of pears. sight, his initiative, in moving this bill tion offered by the gentleman from H.R. 609, which is sponsored by the forward. I would like to thank him and Missouri (Mr. TALENT) that the House gentleman from Oregon (Mr. WALDEN) thank the ranking member, the gentle- suspend the rules and pass the bill, removes pears from the act, thereby al- woman from New York (Ms. H.R. 818. lowing U.S. exporters greater flexibil- VELA´ ZQUEZ) for her support as well. The question was taken; and (two- ity in the changing international mar- This is a bill that has common sense, it thirds having voted in favor thereof) ketplace and the opportunity to in- will save the taxpayers money, and it the rules were suspended and the bill crease exports by gaining a foothold in has bipartisan support. I strongly urge was passed. emerging markets. my colleagues on both sides to support A motion to reconsider was laid on The USDA has advised the commit- it. the table. tee that mandatory Federal quality H846 CONGRESSIONAL RECORD — HOUSE March 2, 1999 standards for pears are no longer need- As new markets have opened up in may have 5 legislative days within ed to assure the high quality of export- the last decade, opportunities for sale which to revise and extend their re- ing pears. The USDA supports enact- of lower grade and less expensive pears marks on the bill just considered. ment of H.R. 609. As world economies have arisen. Because of the 1933 act, The SPEAKER pro tempore. Is there improve and areas of trade continue to U.S. producers and exporters of pears objection to the request of the gen- decrease, new market opportunities for have been unable to meet the demand tleman from Texas? fresh pears arise. In order to provide for lower grade pears in other countries There was no objection. the flexibility to meet the require- without receiving a waiver of the act f ments of these new opportunities, H.R. from USDA. NULLIFYING RESERVATION OF 609 should be passed, and I would urge The pear industry has on two occa- FUNDS FOR GUARANTEED that my colleagues support this legis- sions over the past decade petitioned LOANS UNDER CONSOLIDATED lation. and received a waiver from the USDA FARM AND RURAL DEVELOP- Mr. Speaker, I reserve the balance of to sell non-U.S. Grade Number One and MENT ACT my time. Fancy Grade winter pears in the Mr. STENHOLM. Mr. Speaker, I yield emerging markets of Central and Mr. COMBEST. Mr. Speaker, I move myself such time as I may consume. South America and Russia. The waiver to suspend the rules and pass the bill Mr. Speaker, I rise in support of H.R. for Russia allowed the industry to sell (H.R. 882) to nullify any reservation of 609, which updates the Apple and Pear 200,000 cartons of pears to that Nation funds during fiscal year 1999 for guar- Export Act. For many years, the Apple in 1997. Past experience indicates that anteed loans under the Consolidated and Pear Export Act served pear grow- when these markets can afford it, they Farm and Rural Development Act for ers well by ensuring a quality product will move on to purchase our higher qualified beginning farmers or ranch- to consumers overseas. The pear indus- grade fruit. ers, and for other purposes. try is now seeking greater flexibility to As world economies improve and bar- The Clerk read as follows: sell its product in emerging markets riers to trade continue to decrease, new H.R. 882 around the world. market opportunities for fresh pears Be it enacted by the Senate and House of Rep- resentatives of the United States of America in b 1330 arise. This legislation will allow our pear growers to get a foothold in Congress assembled, Recently, the sale of 200,000 cartons emerging foreign markets. In order to SECTION 1. NULLIFICATION OF RESERVATION OF of pears to Russia was made possible by provide the flexibility to meet the re- FUNDS DURING FISCAL YEAR 1999 a January, 1997, amendment to the act FOR GUARANTEED LOANS UNDER quirements of these two opportunities THE CONSOLIDATED FARM AND that allowed for the shipment of a without having to seek new exemp- RURAL DEVELOPMENT ACT FOR more competitive grade of pears to tions, the fresh pear industry is seek- QUALIFIED BEGINNING FARMERS that country. Our farmers are increas- OR RANCHERS. ing to be removed from the 1933 Export Amounts shall be made available pursuant ingly dependent on foreign markets. It Apple and Pear Act. is therefore essential that regulations to section 346(b)(1)(D) of the Consolidated Mr. Speaker, this legislation, as I Farm and Rural Development Act for guar- governing the agricultural industry be mentioned, has the support of the anteed loans, without regard to any reserva- designed to help producers compete in USDA, pear industry and is not op- tion under section 346(b)(2)(B) of such Act. those markets. posed by the apple industry. Further- SEC. 2. QUALIFIED BEGINNING FARMERS AND Mr. Speaker, I urge my colleagues to more, the Congressional Budget Office RANCHERS TO BE GIVEN PRIORITY support this regulatory improvement IN MAKING GUARANTEED LOANS has determined that this legislation UNDER THE CONSOLIDATED FARM that will give pear growers greater would not impose any costs on the Fed- AND RURAL DEVELOPMENT ACT flexibility to market their product. eral Government. H.R. 609 is sound pol- FROM SUPPLEMENTAL APPROPRIA- Mr. Speaker, I reserve the balance of icy that allows U.S. pear growers and TIONS FOR FISCAL YEAR 1999. my time. exporters the flexibility to compete in In making guaranteed loans under the Con- solidated Farm and Rural Development Act Mr. COMBEST. Mr. Speaker, I yield emerging foreign markets. such time as he may consume to the from funds made available pursuant to any Mr. Speaker, I appreciate the oppor- Act making supplemental appropriations for gentleman from Oregon (Mr. WALDEN), tunity to speak on this important leg- fiscal year 1999, the Secretary of Agriculture the gentleman who sponsored this bill islation to our pear growers, especially shall, to the extent practicable, give priority and has done a great job in just a few those of the Northwest, and I commend to making such loans to qualified beginning weeks of getting this bill moved for- and thank the gentleman from Texas farmers and ranchers (as defined in section ward. We appreciate and commend his (Mr. COMBEST) and the gentleman from 343(a)(11) of such Act). work. Texas (Mr. STENHOLM) of the House The SPEAKER pro tempore. Pursu- Mr. WALDEN of Oregon. Mr. Speak- Committee on Agriculture for passage ant to the rule, the gentleman from er, I thank the gentleman from Texas of this measure to the floor. Texas (Mr. COMBEST) and the gen- (Chairman COMBEST) and the gen- Mr. STENHOLM. Mr. Speaker, I have tleman from Texas (Mr. STENHOLM) tleman from Texas (Mr. STENHOLM) for no further requests for time, and I each will control 20 minutes. their support of this legislation, and I yield back the balance of my time. The Chair recognizes the gentleman appreciate the opportunity to speak on Mr. COMBEST. Mr. Speaker, I yield from Texas (Mr. COMBEST). this measure. back the balance of my time. Mr. COMBEST. Mr. Speaker, I yield Mr. Speaker, H.R. 609 will help ex- The SPEAKER pro tempore. The myself such time as I may consume. pand export markets for our Nation’s question is on the motion offered by Mr. Speaker, I bring to the floor a pear growers. The Export Apple and the gentleman from Texas (Mr. COM- bill, H.R. 882. This bill costs nothing Pear Act passed in 1933 required that BEST) that the House suspend the rules but will provide immediate relief to apples and pears meet certain stand- and pass the bill, H.R. 609. the Nation’s farmers and ranchers who ards prior to export to ensure that only The question was taken. are today experiencing a serious credit the top quality pears and apples were Mr. COMBEST. Mr. Speaker, on that crunch brought on by natural disasters exported. I demand the yeas and nays. and low commodity prices. The United States Department of Ag- The yeas and nays were ordered. I am pleased to be joined by the gen- riculture has stated that, because of The SPEAKER pro tempore. Pursu- tleman from Texas (Mr. STENHOLM), private contractual arrangements be- ant to clause 8 of rule XX and the the ranking Democrat on the Commit- tween buyers and sellers, increasingly Chair’s prior announcement, further tee on Agriculture, as well as the gen- those arrangements are controlling the proceedings on this motion will be tleman from Nebraska (Mr. BARRETT), quality of U.S. pear exports. The USDA postponed. the gentleman from Minnesota (Mr. believes that mandatory Federal qual- f MINGE), and a number of other Mem- ity standards, as currently established bers in introducing this measure. under the act, are no longer needed to GENERAL LEAVE Our bill is simple and straight- assure the high quality of exported Mr. COMBEST. Mr. Speaker, I ask forward. Currently, funds for guaran- pears. unanimous consent that all Members teed ownership loans are exhausted in March 2, 1999 CONGRESSIONAL RECORD — HOUSE H847 more than half of the States. Money of this week. Many of my colleagues Mr. Speaker, there is no question for guaranteed operating loans with in- may already be receiving phone calls that we have producers in rural areas terest assistance has dried up in most from constituents who are getting that are struggling with low market of the Corn Belt States and several ready to plant and need to buy seed, prices and adverse weather conditions. others as well. There is simply no but they have been told there are no With current market prices, some money currently available for those USDA loan funds available so they can- farmers are being faced with the added farmers desperately needing credit as- not go out and buy their needed inputs. difficulty of obtaining operating loans. sistance now. H.R. 882 would speed up the needed Freeing up the beginning farmer Meanwhile, there is approximately release of available guaranteed loan guaranteed loan money that has not $470 million in loan guarantee funds funds that have been reserved for be- been used will be of great benefit to our sitting in the Department of Agri- ginning farmers and ranchers until producers. Nullifying any reservation culture that has gone unused and will April 1. Since we are not certain when of funds will potentially benefit a pro- continue to go unused for another a supplemental spending bill may be ducer who otherwise would not have month unless Congress acts. By law, approved by the Congress, we could had a loan funding available. these funds are tied up until April 1, face a situation where ag producers are As the gentleman from Texas (Chair- 1999, for the Beginning Farmers and left without the ability to purchase man COMBEST) has indicated, I would Ranchers program, a worthwhile pro- needed inputs. also stress to my colleagues that there gram that is nonetheless not being H.R. 882 will provide a bridge to agri- is still a need for what the President tapped at this time. culture producers and lenders until we has requested in the supplemental. This bill simply releases these un- are able to provide additional credit This legislation is not meant to replace used funds one month early to enable funds and supplemental appropriations the supplemental, but it will get our the Secretary of Agriculture to meet legislation. While it does help by pro- producers through perhaps the next 30, the very immediate need for guaran- viding needed credit that is already 45 days or so. teed loans in farm communities. available on a more timely basis, it If a beginning farmer needs money, Mr. Speaker, while this bill is very does not do away with the need for they probably have gotten it by now, as important, I do want to advise my col- Congress to act on this front. it has been available since late Octo- leagues that it does nothing to elimi- This is especially true since H.R. 882 ber. However, for those still in the nate or in any way diminish the tre- only deals with the guaranteed loan USDA bureaucratic pipeline, this legis- mendous need for the supplemental ap- programs and does not help ease the lation says that beginning farmers will propriations for agriculture requested immediate need for additional emer- have priority under the supplemental. last week by the President. This bill is gency loan funds and the pending need Mr. Speaker, Congress has been doing only a stopgap measure to temporarily for additional direct operating and its part to help our beleaguered produc- ownership loan funds. fill an immediate need that simply ers; and this legislation is yet another Mr. Speaker, again, I urge my col- cannot wait for a supplemental appro- effort to ensure that our farmers and leagues to support this modest, fiscally ranchers will have adequate capital priation. responsible step to help ease the finan- In short, the demand for credit is this spring. I urge the passage of H.R. cial strain facing our farmers and now. As many of my colleagues know, 882. ranchers as well as their hometown American farmers and ranchers borrow Mr. STENHOLM. Mr. Speaker, I yield banks and local communities. more money every year than most us Mr. Speaker, I reserve the balance of such time as he may consume to the will borrow in a lifetime, only to risk my time. gentleman from North Carolina (Mr. it all. Sometimes the gamble pays off, Mr. COMBEST. Mr. Speaker, I yield ETHERIDGE). and sometimes it does not. Last year, such time as he may consume to the Mr. ETHERIDGE. Mr. Speaker, I for many of America’s farmers, it did gentleman from Nebraska (Mr. BAR- thank the gentleman from Texas (Mr. not. As a result, cash-strapped farmers RETT), chairman of the Subcommittee STENHOLM) for yielding me this time. who have already made their planting on General Farm Commodities, Re- I want to take this opportunity this decisions for the coming growing sea- source Conservation, and Credit of the afternoon to thank the gentleman from son desperately require cash in-hand House Committee on Agriculture. Texas (Chairman COMBEST) and the right now to make another go of it. Mr. BARRETT of Nebraska. Mr. gentleman from Texas (Mr. STENHOLM), This is the immediate short-term Speaker, I rise today in support of H.R. the ranking member, for their hard problem our bill would address if en- 882, which is a bill to provide some work in bringing this important piece acted quickly. stopgap funding for some guaranteed of legislation to the floor this after- Again, this bill does not cost the U.S. loans for our agricultural producers. noon in such a quick manner. Treasury any additional money. The This bill would eliminate the restric- I am proud to be a cosponsor on this funds in question have already been ap- tions on about $470 million worth of legislation, and I am glad that we are propriated. In addition, I want my col- guaranteed loans under the Consoli- passing a bill that will help farmers leagues to know that this measure en- dated Farm and Rural Development through some of the most difficult joys the support of the administration Act for qualified beginning farmers and times that they will face in decades. and a broad bipartisan support in the ranchers. This is a much-needed piece Mr. Speaker, for more than a year Congress. of legislation that would provide for now, farmers have been excluded from Mr. Speaker, for these reasons, I urge stopgap funding for many States that the robust economy that the rest of immediate passage of H.R. 882. have exhausted their available alloca- this country has enjoyed. While many Mr. Speaker, I reserve the balance of tions of guaranteed loan funds, includ- citizens debate whether or not to roll my time. ing my own State of Nebraska. over their IRAs, farmers are just try- Mr. STENHOLM. Mr. Speaker, I yield It is important to stress that this ing to figure out how they can survive myself such time as I may consume. money that the U.S. Department of Ag- and put food on the table until this cri- Mr. Speaker, I rise in support of H.R. riculture has has not been used. The sis has been turned around. 882 and urge its passage by the House. beginning farmer targets would be lift- We have to take action to make sure H.R. 882 would provide available guar- ed on April 1. It would not be possible that they survive and they have an op- anteed loan funds to farmers and for the Department to use the ‘‘fenced’’ portunity to prosper. If we do not, con- ranchers currently working with their $470 million by April 1. sumers will want to know why the gro- local lenders to ready their finances for Of particular concern as we prepare cery store shelves are empty and food planting or in deciding whether to keep for spring planting in the Midwest is prices are so high, while farmers are their livestock herds intact. the ability of producers to show an ade- left to pick up the pieces. We have to The Department of Agriculture is quate cash flow as they meet with act now. projecting they will run out of guaran- their lenders. This legislation would Mr. Speaker, yesterday, Secretary teed operating funds nationwide by make valuable use of this money now Glickman came to a farm breakfast in March the 15, with interest assisted op- as farmers are preparing for their my district. More than 300 farmers erating loan funds depleted by the end spring planting. showed up for breakfast. That is twice H848 CONGRESSIONAL RECORD — HOUSE March 2, 1999 the number that normally come in any Mr. COMBEST. Mr. Speaker, I yield protecting the retirement income security of all given year. From the comments of back the balance of my time. Americans for the 21st century in a manner what those folks said at that breakfast, The SPEAKER pro tempore. The that— (1) ensures equal treatment across generations they are hurting and hurting badly. question is on the motion offered by to all Americans, especially minorities and other the gentleman from Texas (Mr. COM- b 1345 low-income workers; BEST) that the House suspend the rules (2) recognizes the unique obstacles that These loans will determine whether and pass the bill, H.R. 882. women face in ensuring retirement, disability, or not some of those farmers and their The question was taken; and (two- and survivor security and the essential role that families and their neighbors can stay thirds having voted in favor thereof) the Social Security program plays in protecting on the farm. I am glad we are taking the rules were suspended and the bill financial stability for women; action to help farmers make it through (3) provides a continuous benefit safety net was passed. for workers, their survivors, their dependents, the dire straits that they now face and A motion to reconsider was laid on and individuals with disabilities; that we will act today. the table. (4) protects guaranteed lifetime benefits, in- Our small farmers are a vital part of f cluding cost-of-living adjustments that fully our economic fiber in this country. index for inflation, for current and future retir- They are important to the character of GENERAL LEAVE ees; and rural North Carolina and America, and Mr. COMBEST. Mr. Speaker, I ask (5) does not increase taxes. we cannot afford for those small farm- unanimous consent that all Members The SPEAKER pro tempore. Pursu- ers to cease to exist. may have 5 legislative days within ant to the rule, the gentleman from I am proud of what we are doing this which to revise and extend their re- Florida (Mr. SHAW) and the gentleman afternoon, and I want to make sure marks on H.R. 882, the bill just passed. from New York (Mr. RANGEL) each will that this important program is avail- The SPEAKER pro tempore. Is there control 20 minutes. able to farmers as they approach the objection to the request of the gen- The Chair recognizes the gentleman critical spring planning season. tleman from Texas? from Florida (Mr. SHAW). This is the first, as you have already There was no objection. GENERAL LEAVE heard, in many steps, including crop f Mr. SHAW. Mr. Speaker, I ask unani- insurance reform and supplemental mous consent that all Members may SOCIAL SECURITY GUARANTEE have 5 legislative days within which to funding for this year as we look at the INITIATIVE 1999 year that this Congress must take revise and extend their remarks on Mr. SHAW. Mr. Speaker, I move to to strengthen the safety net for our H.J. Res. 32. suspend the rules and pass the joint The SPEAKER pro tempore. Is there farmers. resolution (H.J. Res. 32) expressing the objection to the request of the gen- I urge unanimous passage of H.R. 882, tleman from Florida? and I look forward to working with my sense of the Congress that the Presi- dent and the Congress should join in There was no objection. colleagues on the Committee on Agri- Mr. SHAW. Mr. Speaker, I yield my- culture and others in this Congress to undertaking the Social Security Guar- antee Initiative to strengthen and pro- self such time as I may consume. make sure that we provide a safe and Mr. Speaker, our work on Social Se- secure future for American farmers so tect the retirement income security of all Americans through the creation of curity is well under way. We have held the rest of us might enjoy a safe and numerous Social Security hearing al- a fair and modern Social Security Pro- secure future and good food. ready this year, and the President has Mr. STENHOLM. Mr. Speaker, I have gram for the 21st Century, as amended. The Clerk read as follows: provided us with a framework for the no further requests for time, and I Congress to consider as we work to- H.J. RES. 32 yield back the balance of my time. wards a bipartisan solution to Social Mr. COMBEST. Mr. Speaker, I yield Resolved by the Senate and House of Rep- Security’s problems. resentatives of the United States of America in In fact, we are in agreement with myself such time as I may consume. Congress assembled, President Clinton on many of the Mr. Speaker, I would like to thank SECTION 1. SHORT TITLE. the gentleman from North Carolina This joint resolution may be cited as the ‘‘So- major issues relating to preserving and (Mr. ETHERIDGE) for pointing out the cial Security Guarantee Initiative’’. strengthening our Social Security sys- fact that, while so many people in this SEC. 2. FINDINGS. tem; namely, one, action is necessary country think the economy is doing so The Congress finds that— now to shore up Social Security’s fi- well, it is obvious those who say that (1) the Social Security program provides bene- nancial underpinnings; two, 62 percent have not been in the farm communities fits to 44,000,000 Americans, including more than of the Federal budget surplus should be recently. There are some very, very dif- 27,000,000 retirees, 5,000,000 people with disabil- set aside until Social Security is in- ities, and 2,000,000 surviving children, and is es- ficult times ongoing there. deed saved; three, investment in mar- sential to the dignity and security of the Na- kets can be a part of the long-term so- Mr. SMITH of Michigan. Mr. Speaker, I rise tion’s elderly, disabled, and their families; in support of H.R. 882. Natural disasters and (2) the Social Security program’s progressive lution for Social Security; and, four, low commodity prices have forced many farm- benefit structure is of particular importance to personal savings accounts are both ers and ranchers to seek government loans to women, due to their (A) longer life expectancies technically feasible and a necessary cover operating and ownership expenses. In than men, making the Social Security program’s part of the solution. Passage of H.J. Res. 32 will add to fact, in many states, funds available for these lifetime, inflation-adjusted benefits a critical in- come support especially for widows; (B) lower this strong start and will further USDA programs have already been ex- average earnings; and (C) lower pension and strengthen our bipartisanship as we hausted, creating a credit crunch at a time other retirement savings, stemming in part from face the challenges ahead. The joint when these loans are absolutely necessary to their lower incomes and their spending an aver- resolution says that Congress and the cover producers expenses. age of 11 years out of the paid workforce caring President should protect benefits for H.R. 882 will immediately make available to for families; (3) the approaching retirement of the Baby current and future retirees while avoid- the Secretary of Agriculture $450 to $500 mil- ing any tax increases. lion in unused funds in order to guarantee Boom Generation will result in the Social Secu- rity program’s benefit costs exceeding its tax On a program as vital to our country loans to farmers and ranchers. These unused revenues beginning in 2013; as Social Security, I am sure all of my funds are currently set aside for the Beginning (4) the Social Security program faces looming colleagues will agree that we must Farmers and Ranchers program but were not insolvency and instability in the next century so work together, and H.J. Res. 32 is a to be available until April 1. Because it is not that by 2032 the Social Security Trust Funds measure that deserves all of our sup- anticipated that these funds will ever be used will be fully depleted and the program will be port. I hope they will join with me in by this program it makes sense to have them able to honor less than 75 percent of benefit showing the American people that Con- available for those most in need. commitments; and (5) prompt action is necessary to restore Amer- gress is committed to strengthening This bill requires no new net government icans’ confidence that their retirement benefits and preserving Social Security for the outlays and will have no effect on the federal will be protected. future and for future generations. budget. It is a common-sense reaction to the SEC. 3. SENSE OF THE CONGRESS. Let me also add that I view this reso- problems facing rural America today and it de- The President and the Congress should join in lution as a test of whether the two par- serves our full support. strengthening the Social Security program and ties can work together. We certainly March 2, 1999 CONGRESSIONAL RECORD — HOUSE H849 did in the passage of this in the full fornia (Mr. MATSUI), and I ask unani- seniors throughout my district have committee. If we divide into partisan- mous consent that he be permitted to echoed these concerns. They have great ship over a simple, noncontroversial control that time. concerns about whether Social Secu- resolution affirming our support for The SPEAKER pro tempore. Is there rity will be there as we negotiate and Social Security, why should the Amer- objection to the request of the gen- as we put together a bipartisan agree- ican people expect us to be able to tleman from New York? ment to fix this program for the sen- work together to actually save Social There was no objection. iors in the future. Security. Mr. SHAW. Mr. Speaker, I yield 3 But I want to be very clear about Whatever our differences may be, and minutes to the gentleman from Wis- what this resolution does. One, for cur- I am sure we will have plenty of dif- consin (Mr. RYAN), the architect of this rent and soon-to-be retirees, there will ferences, surely we can agree on this joint resolution. be no loss of benefits, no additional resolution as it is vitally necessary to Mr. RYAN of Wisconsin. Mr. Speaker, costs to beneficiaries, and no increased the future of Social Security that we I thank the gentleman from Florida payroll taxes. Two, for the next genera- do work together and we work together (Mr. SHAW), the chairman of the Sub- tion of retirees who are now paying in this Congress. committee on Social Security for into the Social Security program, we Mr. Speaker, I reserve the balance of yielding me this time. must guarantee that the program will my time. Mr. Speaker, I agree with the gen- be saved and that their benefits will be Mr. RANGEL. Mr. Speaker, I yield tleman from New York (Mr. RANGEL) there in their retirement years. myself such time as I may consume. and the comments that were made. We Mr. Speaker, we have a historic op- Mr. Speaker, in the old partisan do have to get beyond resolutions and portunity to preserve what has been days, I would say this resolution is get to real solutions. But as we debate one of our Nation’s most successful good because Santa Clause is coming what we are going to do on Social Se- programs. I look forward to working through. But recognize that we have curity, we need to send a message to with both seniors in my district and my colleagues in Congress on this im- not had too many legislative accom- our Nation’s Social Security retirees, portant issue. our current beneficiaries, that they plishments. Being very anxious to dis- I urge Members on both sides of the play some degree of bipartisanship, let will be held harmless in this debate as aisle to vote in favor of the resolution. me congratulate the majority for this we move forward on Social Security. Mr. MATSUI. Mr. Speaker, I yield 1 resolution for whatever it means. I authored this resolution because I minute to the gentleman from Mary- In the olden days, when people saw a believe it is vital that Congress send a land (Mr. CARDIN). problem, they started legislating. But very clear message to the millions of Mr. CARDIN. Mr. Speaker, Social Se- if this is a new thing, where you send a Americans who rely on Social Security curity is the most successful domestic message that I recognize the problem today. program in the history of our Nation, and I do intend to legislate, well, who As we debate how best to fix and pre- keeping 40 percent of our elderly out of can be against that? serve Social Security, we must also poverty and 800,000 children out of pov- So let me join with my Republican commit ourselves to guaranteeing this erty. colleagues and say we have a very, very generation of retirees that their bene- I support this resolution. But the real serious problem with Social Security fits will be there when they need them. issue is whether Congress will finish in its present form. The majority party I recently completed 21 town hall the work begun by the President when is acknowledging that it is going to do meetings over the Congressional recess he introduced the framework for Social something about it. They have met the on Social Security throughout south- Security, strengthening our system. President halfway in terms of identify- ern Wisconsin. At every single one of The President’s plan lays out a good ing the set-aside of the 62 percent. But these meetings, I had constituents who foundation of reducing public debt and they have a great deal of difficulty in are concerned about the talk they hear shoring up the program’s assets. stating that they will not entertain a on Social Security. Whether it is 62 Social Security is too important of a tax cut from using the surplus until percent, 38 percent, whatever percent, program to play partisan politics. We such time as we take care of the Social they are concerned that their current must focus on improving the Trust Security system and the Medicare level of benefits will be diminished. Fund rate of return, restoring long- trust system as we know it. I think it is very important that we, term solvency, and protecting benefits Now, I do not know why these things as a conference, on a bipartisan basis, for current and future retirees. We are omitted. I have no idea as to why send a signal that their benefits will should also focus on helping Americans they are difficult to talk about. But let not be cut; that we have to preserve save for their retirement to supple- me join with my friend the gentleman guaranteed benefits for current retirees ment the guaranteed benefit they re- from Florida (Mr. SHAW) and say that and people who are about to retire. ceive from Social Security. half a loaf is better than nothing. I sin- Then we have to look at how we are Finally, Mr. Speaker, we should make strengthening Social Security cerely hope that we get beyond these going to keep Social Security solvent and Medicare our top fight and enact resolutions and see what we can do in for future generations. those reforms before any other aspect a bipartisan way to find a solution to This is the most important task that of our budget. Let us make it our top this serious problem. is facing this Congress this year. I priority. Let us get it done. Let us get The reason I say this, Mr. Speaker, is think that this resolution gets us off to it done in a bipartisan way, and let us that the gentleman from Florida (Mr. a good start, gets us off to a bipartisan move on, really, to the bill itself rather HAW agreement. S ) and I know that this problem than just this resolution. does not lend itself to a Republican an- From the western edge of my district Mr. SHAW. Mr. Speaker, I yield 11⁄2 swer or to a Democratic answer. If it is in Brodhead, Wisconsin, to the shores minutes to the gentleman from Califor- going to be done, and we both hope of Lake Michigan in Racine, at every nia (Mr. GARY MILLER). that it will be done, it has to be done stop, I heard these types of comments. (Mr. GARY MILLER of California in a bipartisan way. There was one thing that I learned, asked and was given permission to re- What has been done to move us closer that I heard from an older gentleman vise and extend his remarks.) to a bipartisan effort besides this reso- in Evansville, Wisconsin; and this is a Mr. GARY MILLER of California. Mr. lution, I do not know. But if, with a remarkable recommendation. I want to Speaker, I rise in favor of House Joint great deal of imagination, I can say quote him. He said, ‘‘If Congress allows Resolution 32. I want to thank my fel- that let this be that one first step to- Social Security to go broke, and sen- low freshman, the gentleman from Wis- ward a journey which has to be con- iors can no longer receive their bene- consin (Mr. RYAN) for his leadership on cluded this year if we are going to do fits, then Members of Congress should this issue. anything at all, then I want to be on not be allowed to receive their pen- This bill is our opportunity to stand the floor to join with the gentleman sions.’’ up and say our government will pay from Florida in this resolution. The people will hold this Congress what it owes the people. We are com- Mr. Speaker, I yield the balance of and this administration accountable, mitted to keeping the promise of So- my time to the gentleman from Cali- and they should. Thousands of other cial Security. H850 CONGRESSIONAL RECORD — HOUSE March 2, 1999 When our constituents look at their finding of fact we do not really believe using Social Security Trust Fund. And pay stubs, they see a large portion of to be true. for the next 5 years there is $82 billion their hard-earned money going to So- But even granting the trustees’ pro- that are non-Security Trust Fund. cial Security. Ninety-six percent of all jection for the sake of argument, the Let us remind ourselves of that and workers pay 12.4 percent of payroll shortfall predicted by the trustees is use this opportunity in a bipartisan taxes. That is 148 million workers and still small and manageable, can be way, as we unanimously vote for this their employers. completely funded in a way that does resolution today, that what we are say- b 1400 not cut benefits, raise the retirement ing is, unequivocally, that a lot of the age, raise tax rates or shift economic rhetoric we hear about who and how Every one of those workers sees the risk to individuals by shifting to a sys- much we are going to spend, and how exact dollar amount on the Social Se- tem of individual accounts. much we are going to cut taxes, will curity portion of their paychecks. In I plan on introducing legislation not fit within the spirit of the resolu- exchange for that money, they expect a later this week that will do just that. tion that is voted on today. certain amount of help in their retire- Raising the retirement age, which is a key Let us remind ourselves of that today ment years. They expect that money to component of many so-called ``reform'' pro- as we vote for this and use this in a come back to them in later years. I re- posals, is cruel and unnecessary, especially positive way to do what all of us want peat, they expect that money to come for those whose careers demand hard phys- to do, both sides of the aisle. And I back to them in later years. They do ical labor, and this resolution ought to say so. agree with the gentleman from Michi- not care about charts and graphs here Cutting benefits, either directly or by replac- gan, there are some of us on this side, in Washington, they just know that ing the defined benefit nature of Social Secu- as on that side, that are willing to money is going out of their pockets rity with a defined contribution program, would make some of the tough choices. That and expect to have some of it come devastate millions of Americans who are just will come through committee work. back. They have paid for Social Secu- barely getting by right now. Benefits should Mr. Speaker, I rise in support of this resolu- rity, they have been promised the not be reduced and the basic guarantee of money will come back to them when tion. This resolution doesn't do anything to ac- Social Security must not be undermined in any tually strengthen Social Security, but I hope they retire, and we are committed to way. This is crucial, and it ought to be in- making sure that promise is kept. that it is the beginning of a bipartisan process cluded in this resolution. to honestly address the financial problems fac- I know that some changes, some of Mr. SHAW. Mr. Speaker, I yield 1 ing Social Security. them possibly difficult changes, will minute to the gentleman from Michi- Social Security reform should start by have to be made to make Social Secu- gan (Mr. SMITH), who has early on been walling off the Social Security surplus and sav- rity solvent, but we need to keep our working very hard on a reform pack- ing it for Social Security. We shouldn't even promise. age. Mr. MATSUI. Mr. Speaker, I yield 1 Mr. SMITH of Michigan. Mr. Speak- talk about budget surpluses until we have truly minute to the gentleman from New er, I thank the gentleman for his good taken Social Security off-budget by balancing York (Mr. NADLER). words. the budget without counting the Social Secu- (Mr. NADLER asked and was given This resolution is good. All resolu- rity surplus. All of the Social Security surplus permission to revise and extend his re- tions are good that move us ahead with should be saved for Social Security by using marks.) a commitment to fix this significant them to reduce the debt held by the public. Mr. NADLER. Mr. Speaker, this reso- problem. I think maybe we will start There is no surplus today unless you count lution recognizes the historic impor- believing these resolutions and we will the Social Security surplus. A tax cut that is tance of Social Security and commits do it. not paid for will require us to increase borrow- the Congress to protect guaranteed But, look, everybody needs to under- ing from Social Security trust fund for pur- lifetime benefits, including cost-of-liv- stand it is not easy. A Committee on poses other than saving it for Social Security. ing adjustments that fully index for in- the Budget staffer just figured out if I want to remind all of my colleagues that flation, for current and future retirees. we put every cent of the surplus into there is no free lunch. The promised benefits For this reason, I will vote for it, but I Social Security at a nominal return of under Social Security will cost $9 trillion more must note several flaws in the resolu- 10.5 percent, every cent of the surplus than we can afford over the next 75 yearsÐ tion. over the next 5 years, it would only that money will have to come from some- We should have included a provision keep Social Security solvent until the where. The Directors of the Congressional that states that Social Security should year 2040. Budget Office and the General Accounting Of- be strengthened in a way that does not I mean this is a tough question. It is fice and Federal Reserve Chairman Alan cut benefits, does not raise the retire- so easy to demagogue. I hope there will Greenspan have all testified that Congress ment age, and does not place individ- be a commitment by both sides of the and the President must make tough choices to uals at financial risk in their senior aisle and the President of the United bring Social Security costs in line with reve- years by diverting Social Security tax States to not criticize parts of the pro- nues. Many proposals that appear on the sur- revenues to individual private ac- gram as we try to move ahead with a face to offer painless resolutions have signifi- counts. These ought to be the guiding very serious effort to make a solution. cant hidden costs and shortcomings which principles of the Social Security de- I would ask the Democrats to give us must be taken into consideration. bate. their ideas and their proposals that can I have been critical of the President's plan This resolution also states as fact the be scored to keep Social Security sol- for avoiding the heavy lifting of proposing re- prediction of the trustees that by 2032 vent and, likewise, Republicans do the forms to deal with the unfunded liabilities of the trust funds will be fully depleted same, to try to seriously move ahead the system. I am equally troubled by the pro- and the program will be able to honor with saving a very important program. posals being floated by some of my friends on less than 75 percent of benefit commit- Mr. MATSUI. Mr. Speaker, I yield 1 the other side of the aisle that suggest that in- ments. But this prediction will be cor- minute to the gentleman from Texas dividual accounts are a magic bullet that offers rect only if the trustees’ other pre- (Mr. STENHOLM), the ranking Democrat a painless solution to save Social Security diction, that our economic growth rate on the Committee on Agriculture. without making any structural reforms. will decline from 3.8 percent to 1.5 per- Mr. STENHOLM. Mr. Speaker, I Rhetorically acknowledging that tough cent, and stay at that absurdly low thank my friend for yielding me this choices are inevitable is not enough. Reaching level for 70 years, is also correct. time, and I wish to use this oppor- agreement on fiscally responsible legislation All of the budget calculations of the tunity for a little prekindergarten 101 that truly makes Social Security financially administration, the House Committee budget talk. sound without simply shifting costs to future on the Budget, the Senate Committee Through all the rhetoric we hear taxpayers will require leadership by the Presi- on the Budget, and CBO assume much today and we are soon to hear as we dent and Congressional leadership. I encour- higher growth rates. Nobody really be- anxiously await the budget for 2000, let age both the President and the Leadership lieves that the 1.5 percent prediction of us remind ourselves today there is no hear in Congress to provide the leadership the trustees is anywhere near correct. surplus to be divided for any purpose necessary to move the debate beyond the So we should not make a congressional for the next 2 years, other than by misleading suggestion that projected surpluses March 2, 1999 CONGRESSIONAL RECORD — HOUSE H851 alone will save Social Security and begin a se- should avoid the temptation to point do not need policy experts from Wash- rious discussion about the tough choices that fingers, to engage in fear rather than ington to explain to them that in a few remain. facts. And the reality must be borne years the government will not have There is a bipartisan bill that meets all of out by our rhetoric and, more impor- enough money to keep the promises it the principles in this resolution which makes tantly, our resolve. The American peo- made when the program began. Social Security financially sound and gives fu- ple look to us and count on us, and in Mr. Speaker, ensuring the viability ture generations the flexibility to address other this spirit today it begins now with the of Social Security is a tall challenge, priorities. JIM KOLBE and I have proposed leg- passage of this resolution. and I realize there is no silver bullet, islation, the 21st Century Retirement Security Mr. MATSUI. Mr. Speaker, I yield 1 but we must take one step at a time. I Plan, which would preserve the best features minute to the gentleman from Ohio support the resolution before us now of the current system while modernizing it for (Mr. KUCINICH). and the spirit of cooperation that it the 21st century. Our plan would strengthen Mr. KUCINICH. Mr. Speaker, I basi- represents. Citizens from my district, the safety net, restore the long-term solvency cally support this resolution. Ameri- the Eighth District of North Carolina, of the Social Security Trust Fund, reduces fu- cans have been misled by some to expect their elected officials, Repub- ture liabilities and increase individual control doubt that Social Security will provide licans and Democrats alike, to work over retirement income, all without increasing retirement security. In fact, Social Se- together for a better future. taxes. curity does not face a financial crisis. Mr. MATSUI. Mr. Speaker, I yield 1 The plan would create individual security ac- A projected shortfall occurring 34 years minute to the gentleman from North counts, funded through a portion of the current in the future is not a crisis, it is a pro- Dakota (Mr. POMEROY). payroll tax, to explicitly replace unfunded liabil- jection. No other organization, public Mr. POMEROY. Mr. Speaker, I thank ities by prefunding a portion of future retire- or private, has a plan for operation the gentleman from California. The resolution calls for equal treat- ment income. The plan also establishes a min- nearly two generations into the future. ment in Social Security across genera- imum benefit provision which, for the first time, Social Security does face a political tions, especially for workers of minori- guarantees that workers who work all their life crisis if Congress abandons its commit- ties. It says Congress must recognize and play by the rules will be protected from ments to guarantee benefits. This reso- the unique obstacles facing women and poverty, regardless of what happens to their lution is a good first move and should the disabled. The resolution says we individual accounts. We make benefit changes put to rest whether Social Security must guarantee a lifetime benefit for will pay full benefits. With this resolu- in a progressive manner through bend point America’s elderly and those future re- tion Congress pledges to guarantee changes that affect middle and upper income tirees and avoid, in the process, in- paying full benefits to current and fu- workers, who will benefit from individual ac- creasing taxes. counts. Perhaps most importantly, our legisla- ture retirees. Now, I support these principles, and I A pledge is good. Making it the law tion ensures that future governments will have believe the President’s framework also would be better. Congress will have to resources to deal with other problems in addi- advances these principles in the admin- add this concept in any reform legisla- tion to providing Social Security by honestly istration’s proposal for dealing with confronting the future unfunded liabilities of tion we adopt to make the words of Social Security. I am, therefore, going the system that will threaten other budgetary this resolution meaningful. We must to vote for this resolution. But I want priorities if we do not take action. work to ensure that any reform legisla- to note the resolution, in and of itself, I encourage all my colleagues to follow tion Congress passes also upholds the does nothing. through on the bipartisan rhetoric embodied in Social Security guarantee that prom- A point of concern I would have this resolution and roll up our sleeves to tackle ised benefits are as good as money and about it is that sometimes I have seen the tough choices necessary to strengthen are backed by the full faith and credit resolutions offered by majorities that and preserve Social Security for the 21st Cen- of the United States, just like our cur- have no intention on actually advanc- tury. rency and bonds. ing legislation to get something done. I Mr. SHAW. Mr. Speaker, I yield 2 I hope everyone will join me in add- have also seen resolutions extolling minutes to the gentleman from Ari- ing meaning to this resolution by writ- principles advanced when the plan is to zona (Mr. HAYWORTH), a member of the ing the Social Security guarantee into advance legislation that actually Subcommittee on Social Security of law. achieves something quite different. the Committee on Ways and Means. Mr. SHAW. Mr. Speaker, I yield 11⁄2 Now, the ultimate question, and the Mr. HAYWORTH. Mr. Speaker, I minutes to the gentleman from North point of uncertainty, can only be ad- thank the gentleman for yielding me Carolina (Mr. HAYES). dressed by a plan. So I say to the ma- this time. Mr. HAYES. Mr. Speaker, I applaud jority, give us a plan. Let us move the Mr. Speaker, there is a daunting the efforts of my colleague from Wis- debate past meaningless resolutions to challenge at hand, and part of that consin (Mr. RYAN) for his introduction actual debate. challenge of saving Social Security is of a resolution that undertakes the So- Mr. MATSUI. Mr. Speaker, I yield 1 to approach this problem not as Repub- cial Security Guarantee Initiative. minute to the gentleman from Michi- licans or as Democrats, but as Ameri- Through this resolution we establish a gan (Mr. LEVIN). cans; understanding the dependence of framework for debate and reaffirm our (Mr. LEVIN asked and was given per- many in their old age on this program, commitment to the long-term solvency mission to revise and extend his re- understanding the concerns of those of of Social Security. marks.) generations just entering the work It is clear to me that the moment is Mr. LEVIN. Mr. Speaker, I rise in force, understanding the concerns of prime for a national debate on Social support of the resolution because it in- baby boomers who have paid into the Security. The citizens of our Nation volves the most important of all issues, system and hope to see it continue. understand the importance of Social preserving Social Security and Medi- As we begin this debate, as we work Security’s fiscal health, not only for care. But while I appreciate the senti- to solve this problem, this resolution is the time being but for generations yet ments, I think it is most important we a good starting point. In committee we to come. They expect their elected offi- really get down to legislation. accepted many amendments from our cials to come together in a bipartisan In a sense, this is a baby step when friends in the minority. Now, there is fashion to provide solutions. we need a great leap forward. It is enti- not unanimity, to be sure, but with I recently had the opportunity to tled Social Security Guarantee Initia- this resolution we reaffirm the pri- lead a forum on the future of Social Se- tive, but it really guarantees nothing. macy, necessity and commitment of curity reform. What struck me the We have to get busy on legislation. The this Congress to the Social Security most about this particular event was President has proposed his position, program. And, more importantly, we that its main participants were not a now we need to hear from the majority say, let us save it without increasing panel of experts or a group of politi- and then begin to compare notes and to taxes and protecting against inflation. cians. Instead, those most interested act. So that is where we start. were concerned North Carolinians who This resolution would be more mean- I would echo the comments of my have a stake in the system and expect ingful if it had said that the first prior- colleague from Michigan; that we a fair return on their investment. They ity should be to save Social Security H852 CONGRESSIONAL RECORD — HOUSE March 2, 1999 and Medicare as we proposed in the full Mr. Speaker, as a member of the Social Se- Security for future generations. This committee. But in any event, let us curity Subcommittee, I strongly support H.R. resolution does not make that commit- pass this resolution and then get down Res. 32. This resolution expresses the ment. to a bipartisan effort to secure Social willingess of Congress to work with the Presi- Mr. Speaker, the Social Security sys- Security and Medicare for the long run. dent to strengthen and protect the Social Se- tem is the most respected and success- Mr. SHAW. Mr. Speaker, I yield 2 curity system for current and future genera- ful system in U.S. history. While my minutes to the gentleman from Illinois tions. Just last week, this resolution passed remarks will not change the resolu- (Mr. WELLER). the Ways and Means Committee with a unani- tion, I want to let the American people (Mr. WELLER asked and was given mous, bipartisan vote of 32±0. know that I, along with my Demo- permission to revise and extend his re- Social Security affects the majority of Ameri- cratic colleagues, are serious about ad- marks.) cans, whether it be a 70 year old retiree, a 40 dressing the long-term solvency prob- Mr. WELLER. Mr. Speaker, I stand year old parent, or a 19 year old college stu- lems facing the Social Security system here today in support of this resolu- dent. We all pay our Social Security taxes with and stand by our commitment to save tion, and I want to commend the gen- the promise that when we retire, we will collect Social Security first. tleman from Florida (Mr. SHAW) and the benefits that are due to us. Unfortunately, We owe it to the over two-thirds of the gentleman from California (Mr. our Social Security system is in dire straigths older Americans who rely on Social Se- MATSUI) for the statements they have and it is our responsibility as Members of Con- curity for 50 percent or more of their made publicly to work together in a bi- gress to make sure that the program remains total income. We owe it to the hard- partisan way. healthy and stable far into the 21st century. working American families who rely on One statement we will make very As we discuss ways to change the system, Social Security for continued prosper- clear today is every Member of the we must also remember that women, even ity as they enter into retirement. And, House, I expect, will vote for this. Be- more than men, rely on the Social Security most of all, we owe it to our children cause even though we may disagree a system for financial security in their golden who deserve to know that Social Secu- little bit on how to do it, we all stand years. Over their lifetime, because of family rity is going to be there for them. here because we want to save Social commitments, many women cannot accumu- Mr. SHAW. Mr. Speaker, I yield 2 Security. In fact, we are committed to late adequate pension savings. By the mid- minutes to the gentleman from Ken- saving Social Security not just for to- 1990s, only 18 percent of women over the age tucky (Mr. FLETCHER). day’s seniors but for future genera- Mr. FLETCHER. Mr. Speaker, I rise tions, the next three generations, who of 64 received their own pension benefits and in support of the resolution of my col- depend on Social Security. their pension benefits were less than half of league, the gentleman from Wisconsin When I think of Social Security, I those received by men. (Mr. RYAN). Today, this Chamber takes think of my own mom and dad, now in Additionally, we must keep certain important an important step towards strengthen- their 70s. I think of my nieces and statistics in mind. In 1997, elderly women ing our Nation’s Social Security sys- nephews that are college age and enter- were almost twice as likely as elderly men to tem. However, this goal can only be ing the work force out of high school. live in poverty. Additionally, the poverty rate achieved if we work together to find a They all look for Social Security. They for unmarried elderly women was 19 percent permanent solution to the problems have paid their dues into Social Secu- in 1997. This is a crucial statistic because 60 facing this important program. rity, and they want Social Security to percent of elderly women are unmarried. Also The American people deserve more be there when it is their turn. significant, nearly 30 percent of elderly black Social Security today, as some have and Hispanic women lived in poverty in 1997, than Washington simply placing a pointed out, is sound for today’s sen- making Social Security especially important to Band-Aid on the problem by offering a iors. But the question is how are we minority, elderly women. temporary solution. This would not be going to make Social Security sound To help women save for their later years, I leadership. It would be politics as for future generations. That is the plan to again offer legislation to help improve usual. In order to assure retirement in- challenge that is before us. retirement savings opportunities for women come security for all Americans, both I hope we remember as we go through and other individuals who opted out of the sides of the aisle will have to work to- this process the importance of looking workforce to raise families. These Catch-up gether, not against one another. at how Social Security impacts women IRAs will also allow individuals approaching Ronald Reagan once said, there is no as we look at the numbers; as we look retirement the ability to save more for their limit to what a man can do or where he at ways to ensure that we treat women golden years, and for all savers the ability to can go if he does not mind who gets the equally and fairly when it comes to So- make additional ``after tax'' contributions to credit. cial Security. Because it is clear that their savings plans. As we debate Social Security reform, statistics show that elderly women I am encouraged by H.J. Res. 32 and I it must not be about who gets the cred- have been almost twice as likely as el- hope that President Clinton will join us in find- it but how can we shore up the system, derly men to live in poverty. That is a ing bipartisan solutions to the problems that provide equal treatment, protect bene- challenge we need to meet, and I hope plague our Social Security System. Addition- fits and avoid tax increases for our fel- we can do it in a bipartisan way. ally, I hope that we can continue to work to- low Americans. Once again, I also plan to offer an ad- gether to find Social Security reform solutions Citizens of the Sixth District of Ken- ditional solution to help supplement which protect the special needs of women in tucky and across America want genu- Social Security. I believe that we their retirement years. ine leadership. Let us give them just should reward retirement savings. I be- Mr. Speaker, thank you for the opportunity that and let us support this resolution. lieve that we should eliminate dis- to speak on this important resolution. Mr. MATSUI. Mr. Speaker, I yield 1 crimination against retirement savings Mr. MATSUI. Mr. Speaker, I yield 1 minute to the gentleman from Califor- and allow people to contribute more to minute to the distinguished gentleman nia (Mr. GEORGE MILLER). their 401(k)s and their IRAs. from Louisiana (Mr. JEFFERSON). (Mr. GEORGE MILLER of California Mr. JEFFERSON. Mr. Speaker, I asked and was given permission to re- b 1415 thank the gentleman for yielding. vise and extend his remarks.) We should also allow working moms Mr. Speaker, the debate on H.J.Res. Mr. GEORGE MILLER of California. to make up missed contributions 32 in the Committee on Ways and Mr. Speaker, I thank the gentleman for through catch-up IRAs, allow them to Means was not a debate about whether yielding; and I want to thank the com- make up the contributions for their re- we should save Social Security or give mittee for bringing this resolution to tirement accounts that they could the American people a tax cut. Both the floor. have made had they stayed working the Democrats and Republicans favor Mr. Speaker, I strongly support this and instead chose to stay home with tax cuts so long as they are paid for. resolution, but let us understand that their children. The debate was about whether we this resolution is only the beginning. It We should allow working moms to would memorialize our commitment pledges all of us to save Social Secu- have that opportunity. Catch-up IRAs and then keep our promise to the rity. That pledge will also have to in- will be a big help for women. Let us American people not to touch a dime of clude a decision not to invade those So- work in a bipartisan way. the surplus until we have saved Social cial Security trust funds. March 2, 1999 CONGRESSIONAL RECORD — HOUSE H853 This week, on the cover of Barron’s tee in the Guarantee Initiative. It born somewhere 20 or 30 years from Magazine, they have the headline guarantees absolutely nothing in the now after the full transition costs to a which screams to people in Washing- way of any substantive improvement in private system are effected. ton, D.C. This week, the Dow Jones fi- the Social Security system. So with that kind of information now nancial magazine says there is no I believe it was not a Democrat but a available, it is time to reject ideology budget surplus. And they are quite cor- Republican member of the committee and focus on real, meaningful changes rect; there is no budget surplus. There that studied this measure, the gen- in this system that will strengthen and is only money that is in excess in the tleman from Iowa (Mr. NUSSLE), who preserve it. Social Security trust fund, and wheth- conceded that this resolution, H.J. Res. Mr. Speaker, I believe this is an im- er or not we save Social Security will 32, is solely, in his words, and I quote, portant study with important findings. depend upon the decisions we make in ‘‘a political document. It has no There has been so much held out about this Congress about whether we are teeth.’’ No teeth, indeed. I would sug- how if we had a revolution in Social going to break the budget caps that re- gest that this resolution offers less Security and we rejected the system as strain spending in this Congress; promise than an ill-fitting set of den- we have known it for the last many whether or not we are going to invade tures. decades, that everybody would be the these trust funds for a whole range of On day one of this Congress, we winner. But when one looks at the spending proposals that are currently Democrats proposed a rule to save So- facts, the winners just are not there. before the Congress. cial Security first, to see that the sur- Everyone loses if we reject this sys- If we do that this year and if we do plus was not dissipated, that we uti- tem and substitute the kind of revolu- that before 2001, every dollar we spend lized it to preserve the future of the tionary system that some of these will come out of the Social Security Social Security system. That was re- Washington think-tank ideologues trust funds. Because Barron’s has it jected on day one of this Congress; and, have been advancing. So I hope we will right. There is no other surplus. There since that time, now entering month come together behind some of the pro- is only the Social Security trust funds. three of this Congress, not much posals the President has advanced to Mr. SHAW. Mr. Speaker, I yield 2 progress, a few hearings but not much strengthen and preserve Social Secu- minutes to the gentleman from Ohio progress, has been made towards rity in a truly bipartisan manner. (Mr. PORTMAN), a member of the Com- strengthening and preserving Social Mr. SHAW. Mr. Speaker, I yield my- mittee on Ways and Means. Security. self such time as I may consume. Mr. PORTMAN. Mr. Speaker, I thank Instead of meaningful action, as Mr. Speaker, I would like to just the chairman for yielding. Americans will remember in 1995 our comment on the comments of the gen- Mr. Speaker, as we have heard today Republican colleagues said they want- tleman from Texas (Mr. DOGGETT) with and just heard from the previous ed a revolution. We have now come an- respect to what the Subcommittee on speaker, both in terms of politics and other 4 years, and they present us a Social Security has been doing and substance, reforming Social Security resolution. I believe what we really what the full Committee on Ways and and making the needed changes to pre- need is a bipartisan solution to pre- Means has been doing since the begin- serve the system over time is going to serve and protect and strengthen the ning of this Congress. be very, very difficult. It is going to re- Social Security system. We have already had more hearings quire bipartisanship; it is going to re- What might that bipartisan solution, on Social Security than we did on wel- quire trust; and it is going to require not a meaningless resolution like we fare reform, and that is just from the small steps, many small steps, to get are considering today, what might it beginning of this year, than we had in us there. include and what might it exclude? We drafting the welfare reform bill. That is what I see this resolution have an excellent idea of that today in The gentleman from Texas (Mr. being all about, it is a small step in the a new report. DOGGETT), a valuable member of the right direction. It is not a solution. It One of the groups that has been Subcommittee on Social Security, is not the plan to save Social Security. working toward a solution of this prob- knows this well. He has attended these But it does lay out for the first time in lem is the National Committee to Pre- hearings, and he has been very atten- this Congress principles, basic prin- serve Social Security and Medicare. tive in these hearings, so I would not ciples, that I hope we can agree on, on They turned to a Republican econo- want anyone listening to this proceed- a bipartisan basis. That seems to me to mist, who did a simulation, looking at ing to in any way think that Congress be a very good starting point. various proposals to reject the Social has been sitting on its hands. It has I would say also that there is a need Security system as we have known it not. There will be proposals out there, to supplement Social Security with for the last many decades and sub- and these proposals will be in the form more private retirement savings, and I stitute for it some type of private sys- of draft legislation. hope that we can work on a bipartisan tem. This study is entitled ‘‘Winners I would hope and I intend to, as the basis on that as well. This is our 401(k) and Losers from ‘Privatizing’ Social subcommittee chairman, to be part of a plans, our IRA plans and so on. Be- Security.’’ majority bill that will be put in place cause, ultimately, that is an important What this study concluded was that and hopefully will become the frame- part of retirement security for all there are many losers and not very work for moving forward on a biparti- Americans. many winners. In fact, the conclusion san solution. There is no reason, Mr. Speaker, that of the study is that, with these various I would also invite the minority to we cannot get this done and get it done schemes to reject our current Social put forth their bill. I would also invite this year, so long as we reach out Security system, instead of to the President to put forth his bill. across the aisle and work on a biparti- strengthen and preserve it, that every They will be received with great cour- san basis. And I see us beginning to do person alive today, in these United tesy and cooperation, and I would that with this resolution today; and, States or anywhere else, who is draw- pledge hearings on any such bills that therefore, I strongly support it. ing Social Security or could draw So- would come before my subcommittee Mr. MATSUI. Mr. Speaker, I yield 4 cial Security in the future, every per- that have the backing of the minority minutes to the distinguished gen- son will lose under the various schemes party or the White House. tleman from Texas (Mr. DOGGETT). to privatize fully or partially the So- I believe this is very important. That Mr. DOGGETT. Mr. Speaker, it has cial Security system instead of to is how strongly I feel about a biparti- been said that here in Washington a strengthen and preserve it. san solution and a bipartisan effort. promise is never really a guarantee. The only people who might stand to The Committee on Ways and Means is And so the resolution that we have be- gain, we were told in this simulation, working very, very hard. The system is fore us today has been self-styled by which fortunately is just that, a sim- in crisis and we do need to find a solu- the Republican leadership as the ‘‘So- ulation instead of an experiment on the tion, because we can avoid this crisis cial Security Guarantee Initiative.’’ American people as some have ad- very early and be sure that the Social But it is important for every American vanced, but the only people who would Security system is in place and contin- to understand that there is no guaran- gain are a few high-income males to be ues to be a very safe system for all H854 CONGRESSIONAL RECORD — HOUSE March 2, 1999 Americans, both of this generation and though they may have made the same system to come forward with a con- generations to come. amount in the workforce. crete proposal in writing that we can Mr. Speaker, I reserve the balance of In addition, we all know that women receive. So I am hopeful yet that we do my time. make about 70 percent of what men receive a formal proposal from the Mr. MATSUI. Mr. Speaker, I yield make normally in the workforce. So President. myself such time as I may consume. they are going to start off way behind, The purpose of this resolution is to Mr. Speaker, I would just like to anyway. This is going to do damage to bring us together, to show that there is comment on the comments of the gen- Democratic women, Republican some unity in this House between tleman from Florida (Mr. SHAW). women, conservative women and lib- Democrats and Republicans. I am not First of all, the gentleman is correct. eral women. going to spoil the day by going out and We have had four full committee hear- This is not an issue of ideology. It is trying to retaliate and bring about ar- ings and we have had three, I believe, a question of getting the facts and gument or try to accent what separates subcommittee hearings. But I have to making sure we know the facts before us, because this resolution is what say, and I think most people would we move. I am afraid all those hearings brings us together. confirm my comments, and I have sat and everything we have been doing Both sides have said that we are through almost all of the hearings ex- over the last 2 months have been basi- going to preserve the Social Security cept maybe 3 hours of the 20 hours of cally to create a partisan division system. Both sides have said that we hearings, and most of the purposes of against the President’s plan rather are not going to raise payroll taxes. these hearings and most of the people than to do anything really substantive Both sides have said that we are not talking at these hearings have been ba- and trying to understand this issue. going to cut benefits. When you have sically just trashing the President’s But I do appreciate what the gen- that as a perimeter, there is not too proposal. tleman has done. He has come up with many other places you can go except to The Republicans asked that the this resolution. I think, as the previous look at the investment of the system President come up with his proposal speaker said, resolutions really do not itself. That is where we are going to last year. The President has come up mean much. On the other hand, I guess concentrate. That is where we are with an outline that everyone under- we might as well do something since going to have to move forward. stands. There is no complexity to it. we are not doing much else. We are This resolution is a good step for- We have just been spending all our going to be out at 3 o’clock today so we ward, albeit a single step forward, but time just trashing the President. We might as well use some of that time at it is a good step forward in trying to have spent very little time on real sub- least pretending like we are doing show that there is unity in this House, stance. something significant, but we all know that we do have unity of purpose and And I think what the gentleman from that this resolution will not advance that we are going to draw together. the cause of reforming the Social Secu- Texas (Mr. DOGGETT) was referring to I will be actually out there soliciting rity system one second. is a comprehensive study that actually help from the minority side in trying As a result of that, we will pass it was done by John Mueller. John to craft this legislation to see that we with a unanimous vote, but let us not Mueller, for those who were here in the can come up with something that is kid ourselves. We have got to come up 1980s, was the economist for the Repub- quite meaningful. This task is far too with a proposal. The President has. I lican Conference under the leadership important than to bicker in a partisan like the President’s proposal. Let us of then Jack Kemp; and Mr. Mueller manner. This is the most important hear from the Republicans and let us came in with the idea of doing this item to come before this Congress ei- see how they deal with an $8 trillion study with a bias actually toward pri- ther this year or next year. It would be transition cost if they want to go to vate accounts. a terrible tragedy if we were to back private accounts and protect women What basically happened is that he away from this point of history. We and minorities and middle-income peo- completed the study and now he be- have a surplus. We have divided gov- ple and suburban people at the same lieves that private accounts would ernment. Both of those are very impor- time. You will not be able to do it. I really do bad damage. This was com- tant. Because we need the divided gov- hope you try but you will not be able missioned, by the way, by Martha ernment to be sure it is bipartisan, and to do it. Instead what we should be McSteen, who happened to be the ad- we need the surplus to be sure that we doing is picking up the President’s ministrator for the Social Security Ad- save Social Security. ministration in 1983 to 1986, under the plan, moving forward with it and at Mr. Speaker, I urge the passage of leadership of Ronald Reagan. least solving this problem for the next the resolution. So we had two Reagan people, one 55 years. Reagan and one Jack Kemp, and they Mr. Speaker, I have no further re- Mr. PACKARD. Mr. Speaker, I strongly sup- basically have said private accounts quests for time, and I yield back the port H.J. Res. 32, which expresses Congress' are the wrong way to go. It is easy to balance of my time. desire to strengthen and protect Social Secu- figure out why. There is $8 trillion of Mr. SHAW. Mr. Speaker, I yield my- rity. Saving Social Security must be our top unfunded liability, $8 trillion of un- self such time as I may consume. I priority as we prepare America for the next funded liability. If we go with private would like to respond to the gentleman century. accounts, we have those people living from California with regard to the re- Without fundamental changes in the Social today in the workforce and paying for marks that he has made. We have Security program, either massive tax in- the retirement of their parents or heard the minority trash a proposal creases or a reduction in benefits will be re- grandparents. which has been characterized as a Re- quired or the program will reach financial crisis publican proposal which has not been by 2013. This is of special concern for most b 1430 made as yet. There is no Republican women, who have a vital interest in Social Se- That means they are going to be pay- proposal out there. We have had hear- curity. The fact is, on average, women live ing twice the amount for half the bene- ings, we have had statements with re- longer than men, earn less, and are more like- fit. That is the real problem with pri- gard to the direction we should go, but ly to be dependent on Social Security for most vate accounts. You can talk about pri- there has not been a concrete proposal or all of their retirement income. vate accounts all you want, but the laid upon the table. Mr. Speaker, having paid into Social Secu- real person that is going to benefit By contrast, I think it is interesting rity myself for over forty years, I will never from private accounts will be born 25 to note that on this side not one single support hasty reforms that threaten the finan- years from now in the year 2025, and he speaker has gotten up and trashed the cial futures of those who have committed a will be a single male. Every other eco- President’s proposal. The President’s lifetime of earnings to the system. As a father nomic group will lose. The biggest los- proposal is out there. I am treating it and a grandfather, I will insist that our reforms ers, believe it or not, are going to be with great courtesy. I want to encour- provide more choices for those now entering women. Because women live longer age the President and his staff and the the workforce. It is time we take action to en- than men, they are going to have to set Treasury Department and all those sure this program will be available to our chil- up an annuity, they will get less even connected with the Social Security dren and grandchildren. March 2, 1999 CONGRESSIONAL RECORD — HOUSE H855 Mr. Speaker, I urge my colleagues to sup- The question was taken. Lucas (OK) Peterson (PA) Smith (WA) Luther Petri Snyder port H.J. Res. 32 to ensure a stable future for Mr. RYAN of Wisconsin. Mr. Speaker, Maloney (CT) Phelps Souder Social Security. I object to the vote on the ground that Maloney (NY) Pickering Spence Mr. ROTHMAN. Mr. Speaker, I rise today in a quorum is not present and make the Manzullo Pickett Spratt support of H.J. Res. 32, the ``Social Security Markey Pitts Stabenow point of order that a quorum is not Martinez Pombo Stark Guarantee Initiative.'' As we all know, one of present. Mascara Pomeroy Stearns the most important questions facing Congress The SPEAKER pro tempore. Evi- Matsui Porter Stenholm today is how best to preserve Social Security dently a quorum is not present. McCarthy (MO) Portman Strickland and Medicare for this and future generations. McCarthy (NY) Price (NC) Stump The Sergeant at Arms will notify ab- McCrery Pryce (OH) Stupak We need to ensure that benefits are not cut sent Members. McDermott Quinn Sununu for today's Social Security recipients, while at McGovern Pursuant to clause 8(c) of rule XX, Radanovich Sweeney the same time guaranteeing that our children McHugh Rahall Talent and grandchildren will have the piece of mind this 15-minute vote will be followed by McInnis Ramstad Tancredo a 5-minute vote on H.R. 609. McIntosh Rangel Tanner that Social Security brings. McIntyre Regula Tauscher Before Social Security was enacted in 1935, The vote was taken by electronic de- McKeon Reyes Tauzin retirement meant financial insecurity and pov- vice, and there were—yeas 416, nays 1, McKinney Reynolds Taylor (MS) erty for many seniors. This program, however, not voting, 17, as follows: McNulty Riley Taylor (NC) Meehan Rivers Terry has dramatically changed that and has al- [Roll No. 29] Meek (FL) Rodriguez Thomas lowed millions of Americans to enjoy their later YEAS—416 Meeks (NY) Roemer Thompson (MS) years with greater tranquility and less worry. Menendez Rogan Thornberry Abercrombie Cramer Hastings (FL) Metcalf Rohrabacher Thune President Franklin Delano Roosevelt said it Ackerman Crane Hastings (WA) Mica Ros-Lehtinen Thurman best when, upon signing the Social Security Aderholt Crowley Hayes Millender- Rothman Tiahrt Act, he stated that ``[t]he Social Security Act Allen Cubin Hayworth McDonald Roukema Tierney Andrews Cummings Hefley was primarily designed to provide the average Miller (FL) Roybal-Allard Toomey Archer Cunningham Herger Miller, Gary Royce Towns worker with some assurance that when cycles Armey Danner Hill (IN) Miller, George Rush Traficant of unemployment come or when his work days Bachus Davis (FL) Hill (MT) Minge Ryan (WI) Turner are over, he will have enough money to live Baird Davis (IL) Hilleary Mink Ryun (KS) Udall (CO) Baker Davis (VA) Hinchey decently.'' Moakley Sabo Udall (NM) Baldacci Deal Hinojosa Mollohan Salmon Upton It is imperative that Congress and the Presi- Baldwin DeFazio Hobson Moore Sanchez Velazquez dent work together in a bipartisan manner to Ballenger DeGette Hoeffel Moran (KS) Sanders Vento achieve this goal. Arguably the most success- Barcia Delahunt Hoekstra Moran (VA) Sandlin Visclosky Barr DeLauro Holden ful domestic government program in world his- Morella Sanford Walden Barrett (NE) DeLay Holt Murtha Sawyer Walsh tory, it is our duty to do everything in our Barrett (WI) DeMint Hooley Myrick Saxton Wamp power to ensure its existence for years to Bartlett Deutsch Horn Nadler Scarborough Waters come. I urge my colleagues to vote for this Barton Diaz-Balart Hostettler Napolitano Schaffer Watkins Bass Dickey Houghton Neal Schakowsky Watt (NC) resolution. And even more importantly, I urge Bateman Dicks Hoyer Nethercutt Scott Watts (OK) my colleagues to put partisan differences Becerra Dingell Hulshof Ney Sensenbrenner Waxman aside, and to take concrete actions beyond Bentsen Dixon Hutchinson Northup Serrano Weiner this resolution, to strengthen the Social Secu- Bereuter Doggett Hyde Norwood Sessions Weldon (FL) Berkley Dooley Inslee Nussle Shadegg Weldon (PA) rity system. Berry Doolittle Isakson Oberstar Shaw Weller Mr. MCKEON. Mr. Speaker, I rise in support Biggert Doyle Istook Obey Shays Wexler of this legislation that focuses on the need to Bilirakis Dreier Jackson (IL) Olver Sherman Weygand restore our Social Security program in a fair Bishop Duncan Jackson-Lee Ortiz Sherwood Whitfield Blagojevich Edwards (TX) Ose Shimkus Wicker manner for all Americans. Bliley Ehlers Jefferson Owens Shows Wilson With the looming prospect that its funds will Blumenauer Ehrlich Jenkins Oxley Shuster Wise be depleted by 2032, the issue of ensuring the Blunt Emerson John Packard Simpson Wolf solvency of Social Security needs to be ad- Boehlert Engel Johnson (CT) Pallone Sisisky Woolsey Boehner English Johnson, E. B. Pascrell Skeen Wu dressed. But there are a number of priorities Bonilla Eshoo Johnson, Sam Pastor Skelton Wynn we must keep in mind as the debate on re- Bonior Etheridge Jones (NC) Payne Slaughter Young (AK) forming Social Security begins to take form. Bono Ewing Jones (OH) Pease Smith (MI) Young (FL) First, it is important that any reform to Social Borski Farr Kanjorski Pelosi Smith (NJ) Boswell Fattah Kaptur Peterson (MN) Smith (TX) Security guarantees equal benefits to all Boucher Filner Kasich Americans, including women and minorities. Boyd Fletcher Kelly NAYS—1 Brady (PA) Foley Kennedy We also need to ensure that cost-of-living Paul adjustments and a continuous benefit safety Brady (TX) Forbes Kildee Brown (CA) Ford Kilpatrick NOT VOTING—17 net are provided for all Social Security recipi- Brown (FL) Fossella Kind (WI) ents. Brown (OH) Fowler King (NY) Berman Cooksey Hilliard Most importantly, we want to do all we can Bryant Frank (MA) Kingston Bilbray Dunn Hunter Burr Franks (NJ) Kleczka Buyer Evans McCollum to save Social Security without raising taxes. Burton Frelinghuysen Klink Callahan Everett Rogers Americans are already over-burdened by high Calvert Frost Knollenberg Cannon Granger Thompson (CA) taxes, and it is our duty to ensure that more Camp Gallegly Kolbe Capps Hansen Campbell Ganske Kucinich of their money stays in their pockets. We owe Canady Gejdenson Kuykendall it to the American people to provide them with Capuano Gekas LaFalce b 1455 a fair plan that saves Social Security for gen- Cardin Gephardt LaHood So the joint resolution, as amended, erations to come without increasing their tax Carson Gibbons Lampson Castle Gilchrest Lantos was passed. burden. Chabot Gillmor Largent I am proud to support this initiative and want The title of the joint resolution was Chambliss Gilman Larson amended so as to read: ‘‘Joint resolu- to thank the gentleman from Wisconsin (Mr. Chenoweth Gonzalez Latham tion expressing the sense of the Con- RYAN) for introducing this important piece of Clay Goode LaTourette Clayton Goodlatte Lazio legislation. gress that the President and the Con- Clement Goodling Leach gress should join in undertaking the Mr. SHAW. Mr. Speaker, I yield back Clyburn Gordon Lee the balance of my time. Coble Goss Levin Social Security Guarantee Initiative to The SPEAKER pro tempore (Mr. Coburn Graham Lewis (CA) strengthen the Social Security pro- Collins Green (TX) Lewis (GA) gram and protect the retirement in- SHIMKUS). The question is on the mo- Combest Green (WI) Lewis (KY) tion offered by the gentleman from Condit Greenwood Linder come security of all Americans for the Florida (Mr. SHAW) that the House sus- Conyers Gutierrez Lipinski 21st century.’’ pend the rules and pass the joint reso- Cook Gutknecht LoBiondo A motion to reconsider was laid on Costello Hall (OH) Lofgren lution, House Joint Resolution 32, as Cox Hall (TX) Lowey the table. amended. Coyne Hastert Lucas (KY) Stated for: H856 CONGRESSIONAL RECORD — HOUSE March 2, 1999 Mr. COOKSEY. Mr. Speaker, on rollcall No. Jenkins Moore Shaw REPORT ON RESOLUTION PROVID- John Moran (KS) Shays 29, I was inadvertently detained. Had I been Johnson (CT) Moran (VA) Sherman ING FOR CONSIDERATION OF present, I would have voted ``yes.'' Johnson, E. B. Morella Sherwood H.R. 603, CLARIFYING THE APPLI- Mr. HANSEN. Mr. Speaker, on rollcall No. Johnson, Sam Murtha Shimkus CATION OF THE ACT POPULARLY 29, I was unavoidably detained. Had I been Jones (NC) Myrick Shows KNOWN AS THE ‘‘DEATH ON THE Jones (OH) Nadler Shuster present, I would have voted ``yes.'' Kanjorski Napolitano Simpson HIGH SEAS ACT’’ TO AVIATION Mr. BILBRAY. Mr. Speaker, on rollcall No. Kaptur Neal Sisisky INCIDENTS 29, I was inadvertently detained. Had I been Kasich Nethercutt Skeen Kelly Ney Skelton Mr. HASTINGS of Washington, from present, I would have voted ``yes.'' Kennedy Northup Slaughter the Committee on Rules, submitted a f Kildee Norwood Smith (MI) privileged report (Rept. No. 106–37) on Kilpatrick Nussle Smith (NJ) Kind (WI) Oberstar Smith (TX) the resolution (H. Res. 85) providing for EXPORT APPLE ACT King (NY) Obey Smith (WA) consideration of the bill (H.R. 603) to The SPEAKER pro tempore (Mr. Kingston Olver Snyder amend title 49, United States Code, to Kleczka Ortiz Souder clarify the application of the Act popu- SHIMKUS). The pending business is the Klink Ose Spratt question of suspending the rules and Knollenberg Owens Stabenow larly known as the ‘‘Death on the High passing the bill, H.R. 609. Kolbe Oxley Stark Seas Act’’ to aviation incidents, which Kucinich Packard Stearns was referred to the House Calendar and The Clerk read the title of the bill. Kuykendall Pallone Stenholm The SPEAKER pro tempore. The LaFalce Pascrell Strickland ordered to be printed. question is on the motion offered by LaHood Pastor Stump f the gentleman from Texas (Mr. CONDIT) Lampson Paul Stupak Lantos Payne Sununu that the House suspend the rules and REPORT ON RESOLUTION PROVID- Largent Pease Sweeney ING FOR CONSIDERATION OF pass the bill, H.R. 609, on which the Larson Pelosi Talent yeas and nays are ordered. Latham Peterson (MN) Tancredo H.R. 661, CONDITIONALLY PRO- This will be a 5-minute vote. LaTourette Peterson (PA) Tanner HIBITING THE OPERATION OF Lazio Petri Tauscher SUPERSONIC AIRCRAFT The vote was taken by electronic de- Leach Phelps Tauzin vice, and there were—yeas 416, nays 0, Lee Pickering Taylor (MS) Mr. HASTINGS of Washington, from not voting 17, as follows: Levin Pickett Taylor (NC) the Committee on Rules, submitted a Lewis (CA) Pitts Terry [Roll No. 30] Lewis (GA) Pombo Thomas privileged report (Rept. No. 106–38) on YEAS—416 Lewis (KY) Pomeroy Thompson (CA) the resolution (H. Res. 86) providing for Linder Porter Thompson (MS) consideration of the bill (H.R. 661) to Abercrombie Chenoweth Fossella Lipinski Portman Thornberry direct the Secretary of Transportation Ackerman Clay Fowler LoBiondo Price (NC) Thune Aderholt Clayton Frank (MA) Lofgren Pryce (OH) Thurman to prohibit the commercial operation Allen Clement Franks (NJ) Lowey Quinn Tiahrt of supersonic transport category air- Andrews Clyburn Frelinghuysen Lucas (KY) Radanovich Tierney craft that do not comply with stage 3 Archer Coble Frost Lucas (OK) Rahall Toomey Armey Coburn Gallegly Luther Ramstad Towns noise levels if the European Union Bachus Collins Ganske Maloney (CT) Rangel Traficant adopts certain aircraft noise regula- Baird Combest Gejdenson Maloney (NY) Regula Turner tions, which was referred to the House Baker Condit Gekas Manzullo Reyes Udall (CO) Calendar and ordered to be printed. Baldacci Conyers Gephardt Markey Reynolds Udall (NM) Baldwin Cook Gibbons Martinez Riley Upton f Ballenger Cooksey Gilchrest Mascara Rivers Velazquez Barcia Costello Gillmor Matsui Rodriguez Vento ELECTION OF MEMBERS TO JOINT Barr Cox Gilman McCarthy (MO) Roemer Visclosky COMMITTEE ON PRINTING AND Barrett (NE) Coyne Gonzalez McCarthy (NY) Rogan Walden Barrett (WI) Cramer Goode McCrery Rohrabacher Walsh JOINT COMMITTEE OF CONGRESS Bartlett Crane Goodlatte McDermott Ros-Lehtinen Wamp ON THE LIBRARY Barton Crowley Goodling McGovern Rothman Waters Bass Cubin Gordon McHugh Roukema Watt (NC) Mr. THOMAS. Mr. Speaker, I ask Bateman Cummings Goss McInnis Roybal-Allard Watts (OK) unanimous consent that the Commit- Becerra Cunningham Graham McIntosh Royce Waxman tee on House Administration be dis- Bentsen Danner Green (TX) McIntyre Ryan (WI) Weiner charged from further consideration of Bereuter Davis (FL) Green (WI) McKeon Ryun (KS) Weldon (FL) Berkley Davis (IL) Greenwood McNulty Sabo Weldon (PA) the resolution (H. Res. 87) and ask for Berry Davis (VA) Gutierrez Meehan Salmon Weller its immediate consideration. Biggert Deal Gutknecht Meek (FL) Sanchez Wexler The Clerk read the title of the resolu- Bilbray DeFazio Hall (OH) Meeks (NY) Sanders Weygand Bilirakis DeGette Hall (TX) Menendez Sandlin Whitfield tion. Bishop Delahunt Hansen Metcalf Sanford Wicker The SPEAKER pro tempore (Mr. Blagojevich DeLauro Hastings (FL) Mica Sawyer Wilson SHIMKUS). Is there objection to the re- Bliley DeLay Hastings (WA) Millender- Saxton Wise quest of the gentleman from Califor- Blumenauer DeMint Hayes McDonald Scarborough Wolf Blunt Deutsch Hayworth Miller (FL) Schaffer Woolsey nia? Boehlert Diaz-Balart Hefley Miller, Gary Schakowsky Wu Mr. HOYER. Reserving the right to Boehner Dickey Herger Miller, George Scott Wynn object, Mr. Speaker, I will not object, Bonilla Dicks Hill (IN) Minge Sensenbrenner Young (AK) Bonior Dingell Hill (MT) Mink Serrano Young (FL) but I yield to the gentleman from Cali- Bono Dixon Hilleary Moakley Sessions fornia (Mr. THOMAS) for the purpose of Borski Doggett Hinchey Mollohan Shadegg explaining the resolution. Boswell Dooley Hinojosa Boucher Doolittle Hobson NOT VOTING—17 Mr. THOMAS. Mr. Speaker, I thank Boyd Doyle Hoeffel the gentleman for yielding. Berman Evans McKinney Brady (PA) Dreier Hoekstra Buyer Everett Rogers It is my pleasure to announce that Brady (TX) Duncan Holden Callahan Granger Rush Brown (CA) Edwards Holt the Committee on House Administra- Cannon Hilliard Spence Brown (FL) Ehlers Hooley tion now has its full complement of Capps Hunter Watkins Brown (OH) Ehrlich Horn Dunn McCollum members on both sides of the aisle, and Bryant Emerson Hostettler this resolution constitutes the Joint Burr Engel Houghton Committee of Congress on the Library, Burton English Hoyer b 1505 Calvert Eshoo Hulshof consisting of the chairman and ranking Camp Etheridge Hutchinson So (two-thirds having voted in favor member, the gentleman from Ohio (Mr. Campbell Ewing Hyde thereof), the rules were suspended and Canady Farr Inslee BOEHNER), the gentleman from Michi- Capuano Fattah Isakson the bill was passed. gan (Mr. EHLERS), the gentleman from Cardin Filner Istook The result of the vote was announced Maryland (Mr. HOYER), and the gen- Carson Fletcher Jackson (IL) as above recorded. tleman from Florida (Mr. DAVIS); and Castle Foley Jackson-Lee Chabot Forbes (TX) A motion to reconsider was laid on the Joint Committee on Printing, the Chambliss Ford Jefferson the table. chairman, the gentleman from Ohio March 2, 1999 CONGRESSIONAL RECORD — HOUSE H857

(Mr. BOEHNER), the ranking member, (Mr. STEARNS addressed the House. Cuba and with the brave internal oppo- the gentleman from Maryland (Mr. His remarks will appear hereafter in sition. HOYER), the gentleman from Ohio (Mr. the Extensions of Remarks.) According to press reports from NEY), and the gentleman from Pennsyl- f Cuba, the following dissidents and jour- vania (Mr. FATTAH). nalists have been arrested by the The SPEAKER pro tempore. Under a Cuban dictatorship in the last few Mr. Speaker, I thank the gentleman. previous order of the House, the gen- Mr. HOYER. Mr. Speaker, I withdraw days: tleman from Tennessee (Mr. FORD) is my reservation of objection. Efren Martinez Pulgaron, Ana Maria recognized for 5 minutes. Ortega Jimenez, Marisela Pompa, The SPEAKER pro tempore. Is there (Mr. FORD addressed the House. His objection to the request of the gen- Angel Polanco, Odilia Collazo, Arnaldo remarks will appear hereafter in the Ramos, Lazaro Rodriguez, Jose Or- tleman from California? Extensions of Remarks.) There was no objection. lando Gonzalez Bridon, Lazaro Cala, The Clerk read the resolution, as fol- f Felix Perera, Oswaldo Paya Sardinas, lows: Ofelia Nardo Cruz, Regis Iglesias, CONDEMNING THE CUBAN DICTA- Angel Moya Acosta, Miriam Cantillo, H. RES. 87 TORSHIP’S CRACKDOWN ON THE Benigno Torralba, Ramon Alfonso Wil- Resolved, That the following named Mem- INTERNAL OPPOSITION liam, Gisela Concepcion Bolanos, bers be, and they are hereby, elected to the following joint committees of Congress, to The SPEAKER pro tempore. Under a Marvin Hernandez Monzon, Jesus serve with the chairman of the Committee previous order of the House, the gen- David Martinez Garcia, Julian Mar- on House Administration: tleman from Florida (Mr. DIAZ- tinez Baez, Juan Francisco Monzon Joint Committee of Congress on the Li- BALART) is recognized for 5 minutes. Oviedo, Nestor Rodriguez Lobaina, brary: Mr. Boehner, Mr. Ehlers, Mr. Hoyer, Mr. DIAZ-BALART. Mr. Speaker, in Ivan Hernandez Carrillo, Felix Navarro and Mr. Davis of Florida. recent weeks the Cuban dictatorship Rodriguez, Pedro H. Rojas, Leonel Joint Committee on Printing: Mr. has carried out a brutal crackdown of Morejon Almagro, Reinaldo Cosano Boehner, Mr. Ney, Mr. Hoyer, and Mr. the brave internal opposition and inde- Allen, Jesus Llanes Pelletier, Maria Fattah. pendent press, taking Cuba’s four best Menendez Villar, Oscar Elias Biscet, The resolution was agreed to. known internal opponents, Felix Bonne Rolando Munoz Yyobre, Miriam A motion to reconsider was laid on Carcasses, Marta Beatriz Roque Cantillo, Omar Rodriguez Saludos, the table. Cabello, Vladimiro Roca Antunez, and Diosdado Gonzalez Marrero, Ileana f Rene Gomez Manzano, to trial on Somiellan Fleitas, Nanci Sotolongo, Odalys Curbelo, Juan Antonio Sanchez, ELECTION OF MEMBER TO CER- trumped-up charges, and arresting Hector Cruz, Israel Bayon, Raul Rivero TAIN STANDING COMMITTEES OF scores of other peaceful opponents and Orlando Bordon. THE HOUSE without cause or justification. The internal opposition in Cuba is There are certainly many others who Mr. THOMAS. Mr. Speaker, I offer a working intensely and valiantly to have been arrested but who we have resolution (H. Res. 88) and ask unani- draw international attention to Cuba’s not been able to find out about as of mous consent for its immediate consid- deplorable human rights situation, and yet. eration. continues to strengthen and grow, de- Mr. Speaker, our admiration, our The Clerk read the resolution, as fol- spite the Stalinist repression, in its op- support, and our prayers go out to all lows: position to the Castro dictatorship. of these brave Cuban patriots and to all H. RES. 88 At this time of extraordinary repres- of the suffering and oppressed Cuban Resolved, That the following named Mem- sion, the internal opposition requires people. ber be, and he is hereby, elected to the fol- and deserves the firm and unwavering f lowing standing committees of the House of support and solidarity of the inter- TEXAS INDEPENDENCE DAY Representatives: Committee on Education and the Work- national community. The Cuban dicta- The SPEAKER pro tempore (Mr. force: Mr. Isakson. torships repressive crackdown against SHIMKUS). Under a previous order of the Committee on Transportation and Infra- the brave internal opposition and the House, the gentleman from Texas (Mr. structure: Mr. Isakson. independent press must be condemned GREEN) is recognized for 5 minutes. The SPEAKER pro tempore. Is there in the strongest possible terms. Mr. GREEN of Texas. Mr. Speaker, objection to the request of the gen- b 1515 today is a special day, particularly in tleman from California? Texas, because in Texas March 2 is There was no objection. The internal opposition and inde- Texas Independence Day. In 1836, 163 The resolution was agreed to. pendent press of Cuba have our pro- years ago today, the Republic of Texas A motion to reconsider was laid on found admiration and firm solidarity. was born. As I left Houston this morn- the table. We must demand of the Cuban dicta- ing, spring is coming to Texas. The torship the release of all political pris- f bluebonnets are blooming, and we are oners, the legalization of all political actually seeing a lot of changes, and SPECIAL ORDERS parties, labor unions and the press, and that is what has happened in Texas. The SPEAKER pro tempore. Under the scheduling of free and fair inter- Mr. Speaker, let me set the stage for the Speaker’s announced policy of Jan- nationally supervised elections. what happened 163 years ago. On March uary 6, 1999, and under a previous order Mr. Speaker, I call on the govern- 1, 1836, 54 delegates representing settle- of the House, the following Members ment of Spain, of Prime Minister ments across Texas gathered for the will be recognized for 5 minutes each. Aznar, to cancel the announced trip to Texas Convention of 1836 in a small Castro’s Cuba of the King of Spain; and f farm village at Washington-on-the- I call upon the member states of the Brazos. The SPEAKER pro tempore. Under a Ibero-American summit to boycott the From the beginning, it was an event previous order of the House, the gentle- upcoming meeting that has been, in- marked by haste and urgency because woman from the District of Columbia credibly, scheduled for November in Santa Anna’s forces were closing in on (Ms. NORTON) is recognized for 5 min- the capital of the Cuban dictatorship. the defenders of the Alamo. Within utes. Martin Luther King rightfully de- days it would fall, setting off a chain (Ms. NORTON addressed the House. clared that an injustice anywhere is an reaction of defeats for the small Texas Her remarks will appear hereafter in affront to injustice everywhere. Going Army, which would nevertheless the Extensions of Remarks.) to Cuba to shake the Cuban tyrant’s emerge victorious at the battle of San f hand would be an ultimately immoral Jacinto 6 weeks later on April 21. The SPEAKER pro tempore. Under a act. Now, more than ever, it is incum- March 2 is when the delegates in Wash- previous order of the House, the gen- bent upon the entire international ington-on-the-Brazos actually drew up tleman from Florida (Mr. STEARNS) is community to demonstrate firm soli- the Constitution and declared inde- recognized for 5 minutes. darity with the oppressed people of pendence. H858 CONGRESSIONAL RECORD — HOUSE March 2, 1999

Mr. Speaker, what were these brave woman from California (Ms. WOOLSEY) care, and tutoring ensure that no child Texans fighting for? Up to this point, it is recognized for 5 minutes. is doomed to fail before they even enter was simply to restore the Mexican Con- Ms. WOOLSEY. Mr. Speaker, I ran the classroom. stitution of 1824, which had been sus- for Congress, and I am here today, be- There are wonderful examples all pended by Santa Anna. cause I believe that our children’s edu- around the Nation of schools and com- On the night of March 1, a group of cation must be the number one priority munities working together to lift chil- five men stayed up late into the night in this country. We must prepare all of dren and their families out of an end- drafting the document that would be our children for the high-skill, high- less cycle of failure and into a future of approved the next day by the full con- wage jobs that will ensure America’s success. vention, a document that echoes the leadership in the world marketplace Students who are ready to learn need lines of its American counterpart, the and, at the same time prevent depend- well-trained teachers who are experts Texas Declaration of Independence. ency on welfare here at home. in their subjects. They need a challeng- It started off in much the same way, Public education is the backbone of ing curriculum and up-to-date tech- with the words, ‘‘When a government our country. It is why we are a great nology to prepare them for the sophis- has ceased to protect the lives, liberty Nation. Public education must be ticated world we live in. Every student, and property of the people.’’ It spoke of available to all, and it must be the best regardless of family income, race or the numerous injustices inflicted upon in the world. Public education does not gender must have access to the most the settlers of the state of Coahuila y discriminate; and it must be strength- modern technological education avail- Tejas: the elimination of the state’s ened, not weakened. able. legislative body, the denial of religious This Congress, we have an oppor- In addition, teachers as well as stu- freedom, the elimination of the civil tunity that comes along only once dents must have mentors; and they justice system, and the confiscation of every 5 years, and that is the oppor- must have support for learning to use firearms being the most intolerable, tunity to review and update the Ele- technology so that they will be com- particularly in Texas. mentary and Secondary Education Act, fortable and knowledgeable in a tech- Finally, it ended with the declaration ESEA. nological environment. that, because of the injustice of Santa ESEA is best known for Title I, the As a member of both the Committee Anna’s tyrannical government, Texans education for the disadvantaged. ESEA on Education and the Workforce and were severing their connection with is known for the dollars it sends to the Committee on Science, I am ex- the Mexican nation and declaring schools. Title I is important because it cited to have this significant oppor- themselves ‘‘a free, sovereign, and helps disadvantaged children achieve tunity to make positive changes in our independent republic. . . fully invested along with their more fortunate peers, children’s education; to remove any with all the rights and attributes’’ that and it helps poor and impacted schools economic or gender gap in science, belong to independent nations; and a and school districts keep up with the math and technology; to ensure small declaration that they ‘‘fearlessly and more advantaged schools and school classes with well-trained teachers; to confidently’’ committed their decision districts in this Nation. provide funding for modern, safe to ‘‘the Supreme arbiter of the des- Title I must be supported; and, as schools; and to give all students a tinies of nations.’’ well, we must ensure that every child Over the next 2 weeks, a constitution world-class education. gets individual attention in the early was drafted and an interim government Mr. Speaker, children are only 25 per- grades to build a solid foundation for was formed, despite daily reports from cent of our population, but they are 100 future learning. We can do this by the front detailing the collapse of the percent of our future. A sound public making the administration’s initiative Alamo and subsequent advance of the school system is how we protect that to reduce class size permanent. This Mexican Army through Texas. On future. A good education for all of our initiative helps school districts recruit, March 17, 1836, the government was children will ensure America’s future. hire, and train enough qualified teach- forced to flee Washington-on-the-Braz- f ers to reduce class size to an average of os on the news of the advance of Gen- 18 in grades 1 through 3. CONGRESS MUST HELP THE eral Santa Anna. PEOPLE OF SOUTHERN SUDAN Just over a month later, however, Current research findings prove what independence would be secured in the parents and teachers have known for The SPEAKER pro tempore. Under a form of a victory over that same army years: Kids who are in smaller class previous order of the House, the gen- by Sam Houston, a delegate at the very sizes learn better, especially in the tleman from Virginia (Mr. WOLF) is convention, and his courageous fight- lower grades. Our schools need 100,000 recognized for 5 minutes. ers at the battle of San Jacinto. new, well-trained teachers. Mr. WOLF. Mr. Speaker, I want to Mr. Speaker, let me remind folks We also know how hard it is for chil- speak on the issue of Sudan. But, be- from Tennessee that Sam Houston dren even in small classes to learn in fore I do, I want to just pay tribute to served in this Congress from the State trailers or in old school buildings that the gentleman from Colorado (Mr. of Tennessee. I have at times kidded are crumbling around them. I support TANCREDO) for taking his time and get- my friends from Tennessee saying, the President’s proposal to make it ting involved in a very important issue ‘‘The best of Tennessee immigrated to easier for school districts to fund need- with regard to slavery in Sudan. Texas in the 1830s.’’ ed schools and to build new ones by I also want to congratulate the stu- From that point on, Texas was firmly providing interest rate subsidies for dents at Highline Community School established in the community of na- school construction bonds over the in Aurora, Colorado. They have done tions; and for 10 years she stood and re- next 2 years. Is it not time to show all an amazing thing with regard to get- mained an independent nation, until of our children that their school is as ting people who were in slavery in President James K. Polk signed the important as a shopping mall or as a southern Sudan free. treaty admitting Texas to the United prison? Mr. Speaker, I have been in Sudan on States in 1845. While I certainly support the current three different occasions. The world Mr. Speaker, I hope the Congress and emphasis on ending social promotions, does not know it, but these students in the whole country will join us today on ESEA is also the place to assist all Colorado know it. There is slavery March 2 in a day that in Texas we cele- schools in preventing students from going on in Sudan, and these students brate, our schoolchildren celebrate, failing in the first place. Title XI of are making a tremendous effort. Be- Texas Independence Day. ESEA lets school districts spend up to cause of them, 1,000 slaves have been f 5 percent of their Federal education released, and I just want to take out funds on coordinated services, services this special order in tribute to them. GOOD EDUCATION FOR OUR CHIL- that will bring schools and their local Mr. Speaker, for the past several DREN WILL ENSURE AMERICA’S communities together to make sure months, the students of Barbara FUTURE that, every day, every student comes Vogel’s fourth grade class have been The SPEAKER pro tempore. Under a to school ready to learn. Services such raising money to help free slave chil- previous order of the House, the gentle- as health care, before and after school dren as part of the public awareness March 2, 1999 CONGRESSIONAL RECORD — HOUSE H859 campaign called S.T.O.P., Slavery That that people just like me are being HIGHLINE COMMUNITY SCHOOL, Oppresses People. These young people, treated like animals. This needs to be Aurora, CO, February 17, 1999. modern-day abolitionists, are an inspi- stopped. Someone needs to take a DEAR CONGRESSMAN FRANK WOLF: At the beginning of the year I found out that slav- ration to many. If my colleagues saw stand. Please help eradicate slavery by ery was still going on. I also found out that the CBS Dan Rather show, one of the writing the government and telling the class before us had started a campaign youngsters I believe called himself a them something needs to be done.’’ called S.T.O.P., S.T.O.P. stands for Slavery modern-day abolitionist. If only the Doni Tarplus said, ‘‘Will you please That Oppresses People. It makes me feel ter- Congress could follow their lead or if help us abolish slavery? The President rible that people just like me are being the administration could follow their isn’t helping even when he promised to treated like animals. This needs to be lead. make the world a better place.’’ stopped. Someone needs to take a stand. Almost 2 million people have died, 2 A boy who identified himself as Mel- Please help us eradicate slavery by writing vin said, ‘‘I’m Melvin. I’m demanding the government and telling them something million have died in Sudan in the past needs to be done. If you have any questions 15 years. More have died in Sudan than you ask people if they want to help. The United Nations isn’t doing any- please call us at (303) 364–7657 or look for in- have died in Somalia, in Kosovo, in formation at www.anti-slavery.org. Rwanda and in Bosnia combined. The thing about slavery in Sudan. I was Help Them, most recent statistics available put the broken-hearted when I found that 409 NICOLE CIMINO. number dead at 1.8 million, but that people were found and brought from does not cover the 200,000 who have slavery.’’ HIGHLINE COMMUNITY SCHOOL, died from the famines this past sum- David Walker said, ‘‘You are a con- Aurora, CO, February 17, 1999. gressman so you can help. Millions of DEAR CONGRESSMAN FRANK WOLF: Slavery mer. should not be going on: It should be eradi- Mr. Speaker, millions of people are lives are in danger and you can get the government to help. Slavery is going cated. A few weeks ago on February fourth, starving in southern Sudan, kept alive 409 people were put into slavery. That makes on and we need to stop it.’’ only by the brave efforts of inter- me really mad! I am Doni Tarplus in Barbs Then there are many other letters national humanitarian organizations fourth grade class. I am an abolitonist, an which I would like to put in the CON- like World Vision, Save the Children, abolitionist is a person who wants to free GRESSIONAL RECORD. slaves. Catholic Relief, UNICEF, and others. In closing, slavery is a problem. Star- Will you please help us abolish slavery? Millions are being displaced. An entire vation is a problem. The United States The president isn’t helping when he promised generation has been lost, and another can do more to help. We can appoint a to make the world a better place. For more generation is ready to be lost. special envoy. He can go back and tell information please call us at, (303) 364–7657 or b 1530 the students from Highline Community try our website at www.anti-slavery.org. School that the Clinton administration Thanks, The word ‘‘genocide’’ is now used DONI TARPLUS. with regard to what is taking place in has a special envoy. They appointed an Sudan. In the Numba Mountains, the envoy, Senator Mitchell, who deserves HIGHLINE COMMUNITY SCHOOL, Christians and Muslims are being per- a Nobel Peace Prize for bringing people Aurora, CO, February 17, 1999. together in Ireland, Northern Ireland, DEAR CONGRESSMAN FRANK WOLF: I’m Mel- secuted. The Sudanese government are vin and I’m demanding you ask people if persecuting these people because of Southern Ireland. Let us appoint a Sam Nunn, a Sen- they want to help or you help because the their faith. The government planes use ator Nunn to be the special envoy to United Nations aren’t doing anything about high-altitude bombings to demolish ci- bring peace in this region and stop the slavery in Sudan! Barb’s old class made S.T.O.P. but we’re continuing this campaign. vilian targets like hospitals and terror- slavery, stop the suffering, stop the ize the population. S.T.O.P. stands for Slavery That Oppresses agony and the pain. People. I was broken-hearted when I found We know that women and children The students from the area of the from Southern Sudan are being sold out that 409 people were found and brought gentleman from Colorado (Mr. into slavery. If you want to do a donation, into slavery; and today, March 2, 1999, TANCREDO), from Highline Community you can contact Christian Solidarity Inter- Sudanese women and children are School, are, frankly, I hate to say this, national, American anti-slavery group, or being bought and sold as we sit and they are doing more than the Congress visit us on the web at WWW.anti-slavery.org. stand here today. They are kidnapped is doing, both parties, Republican and Sincerely, by slave raiders who sweep into the de- Democratic Party, they are doing more MELVIN. stabilized regions following the govern- than both parties. Lastly, they are ment attacks. They capture the women HIGHLINE COMMUNITY SCHOOL, doing much more, much more than the Aurora, CO, February 17, 1999. and children and then they take them Clinton administration is doing. DEAR CONGRESSMAN FRANK WOLF: You are off for slavery. I just hope that their effort as a wit- a congressman so you can help. Millions of I want to commend my colleagues’ ness by what they are doing will sen- lives are in danger and you can get the gov- attention to this excellent booklet sitize this administration whereby ernment to help. Slavery is going on and we which hopefully will be sent to every President Clinton, within the next need to stop it that is why we started a cam- Congressional office from the U.S. week or so, will appoint a special envoy paign called S.T.O.P. It stands for Slavery That Oppresses People. We started this cam- Committee For Refugees. Tomorrow who will go to Sudan and go back and they will announce a nationwide public paign because the government won’t take a forth and mediate between the warring stand. Please help us eradicate slavery. awareness campaign about Sudan. I parties whereby these people will know Sincerely, urge the Members of this body to get a that they can have a future for their DAVID WALKER. copy of this booklet. children and grandchildren, and slav- P.S. On February 4, 1999 John Eibner gave In closing, Mr. Speaker, I want to ery will stop, and people will not be the south of Sudan an urgent appeal about commend the gentleman from Colorado persecuted because they happen to ac- the north attacking them but they didn’t lis- (Mr. TANCREDO) for his coming here cept Christ and they happen to be ten so now 409 women and children are in quickly, getting started on a very pow- Christians, because of their faith. slavery. erful, very important issue. This may Mr. Speaker, the letters that I re- be the major human rights issue of the HIGHLINE COMMUNITY SCHOOL, ferred to are as follows: Aurora, CO, February 17, 1999. world. Two million people have died. HIGHLINE COMMUNITY SCHOOL, DEAR CONGRESSMAN WOLF: Hi! My name is Also, the students of Highline School Aurora, CO, February 22, 1999. Alex Persinger and I feel like a dead hog, be- are trying to help to save one life at a DEAR CONGRESSMAN WOLF: I know you are cause on February 4, 1999, on that day 409 time by raising money to free women also a freedom fighter and this is one reason people were inslaved! Please give the govern- and children from the trading block. we need you! We need your strong caring ment awareness about slavery. People like Last week, Mr. Speaker, I received voice to help us end slavery in Sudan. Please us work all day because of lazy people. letters from the youngsters which I hear the cry for freedom that these beau- Please remember the urgent appeal by tiful, young, Americans put to their govern- John Eibner. I love to help but I can only would like to put in the CONGRESSIONAL ment! The media is giving a lot of attention tell so many! People like you can make a dif- RECORD. to these young voices can you help us too? ference. Nicole Limino said to me, ‘‘Dear Con- In Freedom, Love, gressman Wolf, it makes me feel so sad BARB VOGEL. ALEX PERSINGER. H860 CONGRESSIONAL RECORD — HOUSE March 2, 1999

HIGHLINE COMMUNITY SCHOOL, did nothing. Right now I feel distraught. HIGHLINE COMMUNITY SCHOOL, Aurora, CO, February 17, 1999. Please help us! Please join our S.T.O.P. cam- Aurora, CO, February 17, 1999. DEAR CONGRESSMAN FRANK WOLF: My name paign and help us free slaves! Women and DEAR CONGRESSMAN FRANK: Hi, My name is is Thomas Turner, an adolescent abolitionist children just like me are now put in slavery. Christina Manalastas. On February 4th, four that is trying to eradicate slavery, but that I demand you to help us! My heart is frown- hundred nine slaves went into slavery. I’m is not the reason I’m writing you. The reason ing because this is going on, my heart is cry- not happy about what is going on all around is because a man named John Eibner had ur- ing. I forgot to tell you that the north at- the world! It is, of course, the moral thing, gently appealed the U.N. to take a stand tacked a village. John Eibner warned them when seeing a other human being suffer, to about the slavery issue, but they all prob- but they did nothing. Also S.T.O.P. stands look after them. The person Dalai Lama had ably sat lazier than ever and because of that for Slavery That Oppresses People. Please said that quote. Here is my quote, ‘‘We care 409 people are slaved in modern day slavery. help us abolish slavery and please bring about happiness, we care about sadness but We’ll get up and take a huge stand right awareness to the world! we just want to help.’’ now! You can contact us at www.anti-slav- Sincerely, Sincerely, ery.org or 1–800–884–0719. Make a difference. DONG CHA. CHRISTINA MANALASTAS. Love, P.S. Will you please join us. THOMAS TURNER. HIGHLINE COMMUNITY SCHOOL, Aurora, CO, February 17, 1999. HIGHLINE COMMUNITY SCHOOL, HIGHLINE COMMUNITY SCHOOL, Aurora, CO, February 17, 1999. Aurora, CO, February 17, 1999. DEAR CONGRESSMAN FRANK WOLF: I’m so furious at the government for not listening DEAR CONGRESSMAN FRANK WOLF: Hi! From DEAR CONGRESSMAN FRANK WOLF: I am an Barb’s class. Im a young abolitionist and a abolitionist in a campaign called S.T.O.P. to us. Last Week 409 people were enslaved be- cause the government did not listen to us. fourth grader at Highline. I am in a group S.T.O.P. stands for Slavery That Oppresses that is called S.T.O.P. S.T.O.P is Slavery People. We heard a very disappointing thing Just like you and me inslaved. Women and children are enslaved. The bad part too is That Oppresses People. Just last week 409 about some slaves. John Eibner, a man who people went into slavery. The United Nations works for a humanitarian group called C.S.I that the government ignored John Eibners warning. He found out that the soldiers were did not help! I felt so bad! I’m going to eradi- sent a urgent appeal to the government cate slavery this year! As I was saying on the about this and that the soldiers were going going to raid them. He also sent an urgent appeal to the United Nations. fourth of February, 1999 John Eibner went to to raid the villages, but they didn’t do any- Sudan to warn them about people coming thing. On February 4, 1999 four hundred nine P.S. We will eradicate slavery. and taking them from their homes. So stand innocent people were taken into a miserable Love, up and do what is right! I will not give up life being treated like animals. When I found JOSHUA FLEMING. will you? Will you help us stop slavery? out about this, I was heartbroken to know Highline Community School, Love, that so many people could be taken into Aurora, CO, February 17, 1999. STACY CARUSO. bondage. The good news is that we freed 850 DEAR CONGRESSMAN FRANK WOLF: My name f slaves. is Alphonso Terell McDonald and I am nine Join us to eradicate and abolish slavery. years old. I am a young abolitionist and I am Please help us by writing to people that are DO NOT FORGET ABOUT THE writing to you because I want to tell you KASHMIRI PANDITS important. If you have any questions you about what happened just recently, four hun- can reach us at (303) 364–7657. dred-nine slaves were captured and were The SPEAKER pro tempore (Mr. Please help us, brought back into slavery because the gov- SHIMKUS). Under a previous order of the LINDY DE SPAIN. ernment is sitting idly by instead of taking House, the gentleman from New Jersey a stand. We would like to know if you’d con- (Mr. PALLONE) is recognized for 5 min- HIGHLINE COMMUNITY SCHOOL, tact the United States Government and let utes. Aurora, CO, February 17, 1999. them know what is going on. We would be so DEAR CONGRESSMAN WOLF: I’m Miriam a grateful if you did this because we want peo- Mr. PALLONE. Mr. Speaker, the concerned youngster in the STOP campaign ple to be aware of this so they can help us. world witnessed an exciting event last it stands for Slavery That Oppresses People. The quote that is on the back of our shirts month when India’s Prime Minister This is a human rights campaign, we try to ‘‘The greatest sin of our time is not the few Vajpayee met with his Pakistani coun- end slavery. I thought slavery had been who have destroyed, but the vast majority terpart, Prime Minister Sharif, to in- eliminated. We freed slaves last week but who have sat idly by.’’ Sudan was attacked and four hundred-nine augurate a new bus service between the Love, people were put into slavery it was shocking. two countries. ALPHONSO. We need your help and spread the word that I applaud Prime Minister Vajpayee’s slavery exists please helps us! The govern- courage in visiting his neighboring ment has sat idly by, for years and years. HIGHLINE COMMUNITY SCHOOL, country with whom relations have been John Eibner works for CSI he goes to Sudan Aurora, CO, February 17, 1999. tense, to put it mildly. But amidst the and frees slaves. He had sent an urgent ap- DEAR CONGRESSMAN FRANK WOLF: I want to celebrations about the meeting be- peal that Sudan was being attacked to the tell you what just happened, there were 409 tween the India and the Pakistani United Nations but no response, they ignored nice, beautiful, innocent, people put into to prime ministers, a disturbing develop- this awful issue and they ignored this awful slavery. ment from the Indian state of Jammu issue too often! I almost cried; but I realized if I’m a aboli- tionist, I can put a stop to this slavery issue! and Kashmir reminds us of what is at HIGHLINE COMMUNITY SCHOOL, This should not be happening to these peo- stake in the conflict that has hung Aurora, CO, February 17, 1999. ple! ‘‘These are our people we should stop over the subcontinent for decades. DEAR CONGRESSMAN WOLF: Hi! I am Josh this slavery!’’ You can help us by writing let- As the New York Times reported, Hook, an abolitionist. I have some devastat- ters to the government and tell them to put ‘‘On the eve of Mr. Vajpayee’s visit to ing news to tell you. A few days ago John a stop like all of the abolitionist like Fred- Lahore, Islamic militants, whom Indi- Eibner went to Sudan and he was told that erick Douglas, Dr. Martin Luther King, Jr., the north was ready to fight. So John told ans generally believe are backed by Love, Pakistan, massacred 20 Hindu civilians the U.N. but they ignored him. Then four CYNTHIA JURANGO. hundred nine people were put in slavery. in three places in Jammu, part of the Just because the government did not do a Indian state of Jammu and Kashmir, single thing! HIGHLINE COMMUNITY SCHOOL, Aurora, CO, February 17, 1999. apparently in an attempt to derail the We started a campaign called S.T.O.P. peace efforts. In one case, they opened DEAR CONGRESSMAN FRANK WOLF: Hi! My S.T.O.P. stands for slavery that oppresses fire on a wedding party, killing eight people. Will you use your voice to tell your name is Heather Pedigo, with a strong urge fellow colleagues or contact C.S.I. or to fight for freedom of other people! I want celebrants.’’ This is from the New York A.A.S.G. to tell you something because of the govern- Times, February 23. Love, ments act of turning their back on the issue The article noted that Prime Min- JOSH HOOK. of slavery, because of that, on February ister Vajpayee did not publicly address fourth, four hundred and nine people were the massacres during his visit to Paki- HIGHLINE COMMUNITY SCHOOL, put into slavery! Just think all of those stan, perhaps understandable in light Aurora CO, February 17, 1999. scared and hurt women and children. We are of the positive atmosphere that the DEAR CONGRESSMAN FRANK WOLF: Hi! My very ashamed. Please contact us at name is Dong, this is devastating news! On WWW.Anti-Slavery, or or you can call us at meeting of the two prime ministers February 4, 1999 four hundred nine people 1–800–804–0719. was intended to generate. But Prime were put in slavery! John Eibner sent a ur- Sincerely, Minister Vajpayee stressed that he had gent appeal to the United Nations, but they HEATHER PEDIGO. warned his Pakistani counterpart that March 2, 1999 CONGRESSIONAL RECORD — HOUSE H861 the continued campaign of terrorism Today, only 2,000 Kashmiri Pandits remain in shut down the Federal Government against innocent civilians in Jammu the Valley. Threatened with violence and in- and, as only the President can do, and Kashmir is unacceptable. timidation, they have been turned into refu- blamed it on us. Mr. Speaker, the issue of Kashmir gees in their own country. Well, we kept the fight alive. Finally, frequently gets mentioned in the geo- Although Pakistani officials maintain that in 1997, amid troubling reports that if political calculations over the larger their country only provides ``moral and political the President did nothing the budget India-Pakistan conflict. There is over- support'' for the insurgency, evidence shows would balance itself, he decided to whelming evidence of Pakistani covert that Pakistan has been playing a direct role in come to the table and sign the plan support for the continued terror cam- arming and training the militants who have that would balance our budget for the paign in Jammu and Kashmir. There converted the Kashmir Valley from an earthly first time in a generation. has, at the same time, been an overt paradise into a living hell. We listened to Alan Greenspan in Pakistani effort to internationalize Last year, I urged Secretary of State 1995. Greenspan said, in 1995, if we fol- this issue by bringing the United Madeleine Albright to raise the Kash- lowed the Republican plan, the John States, or other world powers and miri Pandit issue whenever Kashmir is Kasich plan to balance the budget, we international organizations, into the discussed by the United States and would see unprecedented growth in our negotiations. The one aspect of this India. I have also asked the Indian gov- time. We would see college loans and tragedy that frequently is overlooked ernment to bring up the Pandits issue interest rates go down. We would see is the plight of the Hindu community in any bilateral discussion between mortgages interest rates going down. of this region, the so-called Kashmiri India and Pakistan. We would see economic explosion. Well, Pandits. The United Nations Human Rights we kept our word. We kept the fight I would like to take this opportunity, Commission also needs to address the alive. Finally, the President came to Mr. Speaker, to reiterate my calls for Kashmiri Pandit issue, including it in the table. We signed the plan, and the increased American and world atten- its periodic reports on Kashmir, as well economy has prospered because of it. tion to the plight of the Kashmiri as through the Commission Sub- Now, 2 years later, we are again faced Pandits, victims of massacres and dis- committee on Minorities. I will also with a decision. Do we follow political placement, such as the atrocity of last continue urging action by UNICEF to expediency? Do we follow the easy month. provide educational grants to benefit route that was followed by the Demo- As I have gotten to know the Kash- the Kashmiri Pandit children and the cratic Chamber in this House for 40 miri-American community and hearing World Health Organization support to years? Do we play the game the way about the situation facing the Kash- improve health and sanitation. they used to play the game? Or do we miri Pandits, I have become increas- Mr. Speaker, lastly, in the great keep our word on budgetary issues? ingly outraged, not only at the terrible international debate over arms control We laid out budget caps in 1997. We abuses they have suffered but at the and security issues, it is sometimes all said, this is how we are going to run seeming indifference of the world com- too easy to overlook the so-called our Federal Government for the next 5 munity. small problem of one persecuted ethnic years. It was very simple. The caps At the same time, I am impressed by group. I just hope that the United were laid out. The gentleman from the dignity and the determination that States and India, as the world’s two Ohio (Mr. KASICH) said, this is the way the Kashmiri Pandits have maintained largest democracies, will show deter- we need to go. Well, I agreed with him despite these horrible conditions. I am mination to finally address this hu- then, and I agree with him now. touched by the deep concern that the manitarian catastrophe that the Kash- We have to continue remaining fis- Kashmiri-Americans feel for their miri Pandits are facing in an effective cally disciplined. If we do that, we will brothers and sisters living in Kashmir and humane way. not only see the economy continue to or in the refugee center set up in India f explode, we will not only continue to to accommodate the Pandits driven see interest rates going down, we will PROMISES MADE AND PROMISES from their homes in the Kashmir Val- see something else happen that has not KEPT ley. happened in Washington for a long Recently, my colleagues in the Con- The SPEAKER pro tempore. Under a time. We will see a group of leaders gressional Caucus on India and Indian- previous order of the House, the gen- who are truly respected across the Americans asked me to co-chair a Task tleman from Florida (Mr. SCAR- country for keeping their word. Force on Kashmir. I look forward to BOROUGH) is recognized for 5 minutes. Because, in the end, this is not about working with my colleagues to focus Mr. SCARBOROUGH. Mr. Speaker, in a deficit. This is not about budgetary increased Congressional attention on 1995, we talked about promises that issues. This is about whether our elect- this issue. were made and promises that we need- ed leaders in Washington, D.C., say Some of my colleagues and I have al- ed to keep. We talked specifically what they mean and mean what they ready been pressing these issues, but about the budget. It is hard to remem- say. Promises made, promises kept. It clearly we need to give the plight of ber, but just 4 years ago, the deficit made sense in 1995, and it makes sense the Kashmiri Pandits greater recogni- was nearing $300 billion. The debt was in 1999. tion. skyrocketing. What did that mean to f Mr. Speaker, I have asked India’s Na- Americans? That meant that interest tional Human Rights Commission to rates on mortgages, on cars, on college SUDAN consider declaring the Kashmiri loans were soaring through the roof. In The SPEAKER pro tempore. Under a Pandits an Internally Displaced People fact, it looked like there was no end in previous order of the House, the gen- and provide conditions for the safe re- sight to deficit after deficit after defi- tleman from Colorado (Mr. TANCREDO) turn of the Pandit community to the cit. is recognized for 5 minutes. Kashmir Valley. So we stepped up to the challenge. Mr. TANCREDO. Mr. Speaker, last I have also asked the Commission to We presented the first plan to balance week, we had Secretary of State Mad- substantiate the ongoing genocide that America’s budget in a generation. We eleine Albright in front of the Commit- the Pandits are suffering. I would also heard the President. We heard the Vice tee on International Relations deliver- encourage the Indian government to President. We heard many Members on ing an address detailing activities of consider officially recognizing the the left. We heard the media talking the Department of State over the last Kashmiri Pandit community as a mi- about how balancing the budget under year, identifying all of the hot spots in nority under Indian law to provide ad- our plan in 7 years would destroy the the world where American interests ditional benefits and protection. economy. In fact, that is what the were at stake, identifying what the Mr. Speaker, the Kashmiri Pandits have an President said. United States of America was doing ancient and a proud culture. Their roots in the Well, we did not listen to the about them. Valley run deep. Virtually the entire population naysayers. We fought. We passed our It was intriguing, Mr. Speaker, be- of 300,000 Kashmiri Pandits has been forced plan. The President still objected. In cause, in over half an hour of a normal to leave their ancestral homes and property. fact, that fall, he vetoed nine bills, presentation and certainly maybe 20 or H862 CONGRESSIONAL RECORD — HOUSE March 2, 1999 30 pages of written presentation that ly quite moving. I will not go through Even though Frederick Douglass is dead, I discussed in every way all of the issues them all, but just some of them. And, still believe that his spirit lives in every abo- that we could possibly confront in for- remember, these are, again, 5th grad- litionist in the world. eign policy position, there was one that ers. MELVIN HARMON. ‘‘Our hearts are noble, so we use the was conspicuous for its absence, one The greatest power of our time is love for spot in the world that was never men- noble heart to do good for others.’’ By all people! tioned, one nation that was never Dong Cho. Love, brought to the attention of the Com- ‘‘Dear Congressman: Hi, I’m Chris- THOMAS TURNER. mittee on International Relations or, tina Manalostas. We bring love and as a matter of fact, it has not been courage from our life, and give it to Unless the world is perfect, without any brought to the attention of this Nation others in sadness.’’ problems, we need to take a stand and help by this administration, and that is the ‘‘God must have put us here on earth others. LINDY DESPAIN. nation of Sudan. for a reason. That reason was not to put people in slavery or to separate There, as the gentleman from Vir- The world needs the caring majority. ginia (Mr. WOLF) said so eloquently a races. He put us here to live free, to Love, little bit ago, in the last 15 years, over have freedom. He just wanted to give ALPHONSO MCDONALD. 2 million people have died in that civil everyone an opportunity for every- war. That is more than have died in So- thing. Love, Charles.’’ DEAR CONGRESSMAN: I would like to thank malia, Bosnia, Kosovo, and Rwanda ‘‘There is nothing worse than seeing you for joining our campaign. We appreciate combined. Yet, in the face of this trag- a person suffer for what they believe your work. edy, what we have seen has been a in.’’ Deven Eastman. Love, JAMES COLEMAN. lackluster attempt on the part of this I can go on and on like that, Mr. Speaker, but I will not. I will enter administration to deal with it. Slavery is wrong, and someone needs to Mr. Speaker, I was asked by a teach- them into the CONGRESSIONAL RECORD. take a stand. Adults are not doing enough, so er at Highline Community School, I will tell my colleagues that what kids are doing something more. which is in the Cherry Creek School these children have done and what they NICOLE CIMINO. District in my District, a class again to are continuing to do far surpasses the which my colleague, the gentleman efforts that the whole government of We can’t have just a little group of aboli- from Virginia, referred, I was asked by the United States has put forward to tionists we need a large group. her to deliver a message to the Sec- date, and I simply want to commend Love, JOSH HOOK. retary of State; and I did. them and thank them from the bottom The message was in the form of a of my heart for such an inspirational day as I spent yesterday. There is a sin, from the past, it is slavery question from Ms. Vogel, the teacher of and kids are doing something about it! this class, this fourth and fifth grade The personal messages referred to Love, class, to the Secretary of State; and it above are as follows: MIRIAM MORENO. said essentially this, ‘‘Why is it that I thank God for using these children to re- mind me of the true spirit of giving! We have you, the government of our own coun- God made us different, because He knew love for all people in the world! that we would be beautiful! try, and members of the world commu- BARB VOGEL. nity, have decided to turn a blind eye STACY CARUSO. ‘‘Caring is living the meaning of life.’’— to the tortured land of the Sudan?’’ Freedom is one of the world’s greatest Richard Lucas, Age 13, Upper Arlington, OH. b 1545 treasures. What has happened to it? DONI TAIKALUS. And I communicated that concern to If we can eradicate slavery then the world will be a better place. the Secretary and I got a response, a Our hearts are noble, so use the noble written response, from someone in her Love, CYNTHIA JARANGO. heart to do good for others. office. I delivered that response yester- DONG CHO. day to the school in my district. It was ‘‘Maybe if we looked deep inside ourselves one of the most incredible experiences we would find the roots of today’s problems DEAR CONGRESSMAN: Hi, I’m Christina of the time I have spent in public life; and also the solutions. Man creates problems Manalastas. We bring love and courage from to look at these children and this through his temptation; maybe he could our life, and give it to others in sadness. teacher, who have committed and dedi- solve them through caring.’’—Alicia Hart- Sincerely, CHRISTINA MANALASTAS. cated themselves to the ominous task man, Age 17, Northeast, PA. of raising money to free human beings A lot of beautiful souls are in slavery and God must have put us here on earth for a that have been dragged into slavery in it needs to stop. reason. That reason was not to put people in a country all the way around the KRISTIN YOUNG. slavery, or to separate races. He put us here world. to live free, to have freedom. He just wanted This class read about this situation ‘‘A nation with citizens who care and look to give everyone an opportunity for every- over a year ago and became so con- out for each other is a great nation; it will thing. cerned that they organized a group not fall apart.’’—Dwain Simmons, Age 14, Love, CHARLES. that is now worldwide. They call it Houston, TX. STOP, Slavery That Oppresses People. DEAR CONGRESSMAN DAN: Thank you for There is nothing worse than seeing a per- It has raised over $100,000. This 4th coming to our class. Also, thank you for sup- son suffer for what they believe in. grade class in Highline Community porting our campaign. I am an abolitionist KEVEN EASTMAN. School has raised $100,000 and pur- and my name is Le` Shai. f chased the freedom of over 1,000 indi- Sincerely, viduals in the Sudan. Mr. Speaker, in LE` SHAI. CUBA REMAINS A STALINIST STATE the entire world we have been able to When you put your mind to something, you muster enough support to purchase the can achieve anything. The SPEAKER pro tempore. Under a freedom the a total of 5,000, yet 1,000 JOSHUA FLEMING. previous order of the House, the gentle- come from this one classroom, this one woman from Florida (Ms. ROS- elementary school. It is really quite ex- If we didn’t eradicate slavery how would LEHTINEN) is recognized for 5 minutes. traordinary, and it was an extraor- other people be free? Ms. ROS-LEHTINEN. Mr. Speaker, dinary day yesterday. Sincerely, the past few weeks the Castro dictator- DAVID WALKER. I will enter them into the RECORD, ship has initiated an all-out crackdown but I want to read a couple of the cards Power is in people! Don’t be lazy take ac- on the internal opposition and the I received yesterday. Each student tion to help others. independent press, who day after day wrote a personal card, a personal mes- Love, fight for freedom, for democracy and sage to me, and some of them are real- ALEX J. PERSINGER. for human rights in Cuba. March 2, 1999 CONGRESSIONAL RECORD — HOUSE H863 Yesterday, under strict secrecy, four The people of Cuba need the solidar- time and compare it to the standard of of Cuba’s most prominent dissidents, ity of the United States and all the na- living available to most seniors in this Felix Bonne, Marta Beatriz Roque, tions of the world. Let us not turn our country today, it is a remarkable de- Vladimiro Roca and Rene Gomez backs on them at this critical time. velopment. Over the course of some 60- Manzano were put on trial after spend- This week my congressional col- plus years, thanks to the leadership of ing almost 600 days in prison with no leagues and I will be submitting a reso- the great Franklin Delano Roosevelt charges filed against them. lution which will detail facts on the and a Democratic Congress, we have a The crime committed by these four Castro regime and on the international Social Security System that really is freedom-loving individuals: Drafting a community. We call upon the United something that all of us can be very document that criticizes the Cuban Nations Commission on Human Rights thankful for. communist regime’s repressive poli- in Geneva to help the Cuban people, be- That was a system that came into ef- cies. And it was entitled ‘‘The Home- cause this provides a forum for discuss- fect over very significant Republican land Belongs to All of Us.’’ This docu- ing the human rights situation opposition, and it took from the 1930s ment called for the establishment of throughout the world, for condemning until the 1960s, decades of effort by democracy in Cuba and the holding of abuses and gross violations of these lib- Democrats in this Congress to move to free elections on the island. The dis- erties, and for establishing an inter- the second pillar that is so important sidents now face up to 5 years in prison national mechanism to express support to the security of our seniors, and that and more on these trumped-up charges. for the protection and defense of these is Medicare. It has been reported that dozens of inherent natural rights. When my fellow Texan, Lyndon independent journalists and other dis- The actions taken by the United Na- Johnson, signed Medicare into law to sidents were summarily rounded up tions Commission on Human Rights es- assure that those who had some retire- this past weekend on the eve of the tablishes a precedence for a further ment security also had a certain ele- trial. The purpose of this massive wave course of action, and it sends a mes- ment of health security, nine out of ten of arrests was to assure that opponents sage to the international community of our Republican colleagues in this of the regime did not tell the inter- that the protection and promotion of House, nine out of ten, voted no. They national community of the Roman cir- human rights is indeed still a priority did not believe in Medicare. cus that the dictatorship dares to call for all of us. The universal declaration And so I think it is important, as we a fair and a just trial. of human rights guides global human begin what I hope will be a bipartisan Despite the strengthening totali- rights policy and it asserts that all effort to bring us together to resolve tarian nature of the Castro regime, the human beings are born free and should the issues now about Social Security, internal opposition in Cuba continues live in dignity with rights. that we do so in a bipartisan fashion, to work tirelessly to call to the Religious freedom in Cuba is severely not bound by our history, but we also attention of the world the plight of the restrained, and we have clergy and lay must be mindful of our history. And Cuban people. In response to the val- people who are suffering sustained re- much of the history of the viewpoints iant efforts of the Cuban internal oppo- pression by the Cuban state security brought to this debate about Social Se- sition, merely 2 weeks ago Fidel Castro apparatus. curity is really fairly recent. imposed yet a new law on the island The government of Cuba continues to The current leader of the Republican that punishes up to 15 and more years violate the rights of the child as well House group, the majority leader, the in jail any Cuban who disseminates by engaging in child labor and in child gentleman from Texas (Mr. ARMEY), what the regime considers prostitution. It routinely restricts my colleague from Texas, has a far dif- counterrevolutionary information. workers’ rights, including the right to ferent attitude about Social Security Leading human rights organizations form independent unions. and about Medicare than I have had around the world have noted the inten- Mr. Speaker, we will continue to be and that our great President Lyndon sification of human rights abuses on vigilant in fighting against these viola- Johnson had, and I believe that most the island of Cuba. Human Rights tions, and we call on the international Texans have about Social Security. He Watch, Amnesty International, the community to help us in this hour of has referred to it, back in 1984, as ‘‘a Inter-American Commission on Human need. bad retirement’’ and ‘‘a rotten trick’’ Rights, and the recently released U.S. f on the American people. And he said, State Department Human Rights Re- just a few years ago, that ‘‘I would port all concur that the Cuban regime PRESERVING, PROTECTING, AND never have created the Social Security continues to systematically violate the ENHANCING SOCIAL SECURITY System.’’ fundamental civil and political rights SYSTEM In addition to the comments about of all of its citizens. The SPEAKER pro tempore (Mr. Social Security, he said of Medicare, Cuba today remains the Stalinist SHIMKUS). Under the Speaker’s an- after the Republicans took control of state that it has been for 40 years nounced policy of January 6, 1999, the this House, ‘‘I resent the fact that under Fidel Castro. The rights of free- gentleman from Texas (Mr. DOGGETT) when I am 65 I must enroll in Medicare. dom of expression, freedom of associa- is recognized for 60 minutes as the des- I deeply and profoundly resent that,’’ tion, freedom of religion, and all of the ignee of the minority leader. he said. ‘‘It is an imposition on my other rights that free men and women Mr. DOGGETT. Mr. Speaker, over the life.’’ enjoy are denied to the Cuban people. course of the next hour, a number of So we know that at least when some The latest crackdown is but the most Members, Democrats here in the of the leadership of the Republican recent example of this four-decade old House, want to explore with our col- Party here in the House come to dis- nightmare that has engulfed the island. leagues and with the American people cuss Social Security and Medicare, Mr. Speaker, the United States Con- our commitment to preserving and pro- though they profess an interest in the gress must continue to raise our voice tecting and enhancing our Social Secu- same bipartisan solution that ulti- in support of the freedom fighters in rity System. It is my belief that Social mately will be necessary, they have a Cuba who day in and day out put their Security is one of the best programs different perspective about Social Se- lives on the line to create a Democratic that ever came out of this House of curity and Medicare than those of us opening on the island. Representatives and this Congress and who come from a party that has made Last year, during his visit to Cuba, this Nation. Medicare and Social Security a main- Pope John Paul II called on the Castro If we reflect back on the history of stay of our efforts. dictatorship to open up Cuba to the this program to a time in this very Likewise, I was troubled, just after world. A year after the Pontiff’s visit, chamber in the 1930s, a time when most coming to the House here in 1995, to Castro has not even opened Cuba up to of our seniors were left in poverty, left read the banner headline of the news- its own people. On the contrary, the re- often in disgrace to live destitute in paper of the Progress in Freedom gime continues to tighten the noose of their final years in this country after Foundation. This is the group that was repression around the necks of the peo- having built it into the great country created by our recent Speaker of the ple of the island. that it is, and we reflect back on that House Newt Gingrich. It said, ‘‘For H864 CONGRESSIONAL RECORD — HOUSE March 2, 1999 freedom’s sake, eliminate Social Secu- ple think, Social Security is not just a come bracket because he says they pay rity.’’ And it proceeded in this banner program for those people 62 or 65 and more. In fact, we estimated that some- editorial, on the front page of this pub- older. One-third of the benefits of So- body that makes $300,000 a year will lication, to say, ‘‘It is time to slay the cial Security goes basically to women, get about a $30,000 tax cut, whereas largest entitlement program of all: So- surviving spouses, and minor children, somebody making $30,000 a year, one- cial Security. A more important reason either through the form of survivor’s tenth of that, will get about a $99 per than financial returns for privatizing benefits when the breadwinner of a year tax cut, or maybe $8 a month. Social Security is freedom. The gov- family dies before reaching the age of Mr. DOGGETT. Some have suggested ernment shouldn’t be in the business of 65 or, alternatively, when the bread- that this 10 percent tax cut is just prin- confiscating people’s retirement money winner becomes disabled. cipally designed to help the top 10 per- and giving them no say where it is in- All of us understand and know the cent of Americans. vested.’’ fact that, without Social Security, Mr. MATSUI. There is no question That is perhaps a perspective that many young people in America today about that. could be subject to debate here, but it would not be able to go on to commu- Mr. DOGGETT. Or maybe the top 1 is a perspective that has characterized nity college or State college or perhaps percent. the leadership of this Republican a university if, in fact, that bread- Mr. MATSUI. It just goes to the very, Party. So that when they come and winner is injured or perhaps dies. So very high income groups. offer a meaningless resolution, like this program is perhaps the most im- Mrs. THURMAN. Mr. Speaker, will that which the House adopted today, portant program that this Congress, the gentleman yield? that has various platitudes but really perhaps in our lifetime as Members of Mr. DOGGETT. I yield to the gentle- does nothing to accomplish any real re- Congress, will have to deal with. woman from Florida. form of the Social Security System, we Yes, there is a problem with Social Mrs. THURMAN. Maybe another way cannot help but be mindful of the per- Security, demographically. When So- to put this then is, if we take this sur- spective and the rigid idealogy that cial Security was first established, it plus, the dollars that are coming in they bring that is very negative to- was considered then a widows’ and or- from the payroll taxes, which would be wards Social Security and Medicare. phans’ fund back in the 1930s, as the hard-earned folks’ money that they I hope that over the course of this de- distinguished gentleman from Texas spend out of their check, actually bate we can reflect on some of the, I (Mr. DOGGETT) has said. There were would then go to fund a tax cut across guess the remainder, the leftovers of about 30 people working for each re- the board or potentially across the this rigid ideology that are continuing tired individual. Today, there is about board, leaving us in a deficit for when to serve to restrict our ability to get three in the workforce for every retired they get ready to retire? meaningful changes in Social Security, individual; and sometime in the year Mr. MATSUI. Well, there is no ques- to preserve and strengthen it, rather 2025 there will only be a little over two. tion. I think the gentlewoman from than to reform and wreck it. So we must change, we must make Florida (Mrs. THURMAN) is absolutely Now, the leader of our efforts in this modifications, but we must also pre- correct. They are basically taking regard has been my colleague from serve Social Security as we know it in money so there is immediate gratifi- California, who is the ranking member America today. cation but at the expense of folks down on the Subcommittee on Social Secu- I have to say that one area that has the road, 5, 10, 15, 20 years down the rity of the Committee on Ways and me greatly concerned is in the area of road. Means, and I participated with him tax cuts. The story in the Washington Mrs. THURMAN. It is out of their tax earlier today, with the National Com- Post and the New York Times, major dollars? mittee to Preserve Social Security and newspapers throughout the country, Mr. MATSUI. It is out of their tax Medicare, in a discussion of a new over the weekend, is that the Repub- dollars. study to explore who the winners and lican leadership would like to lift the I will conclude by being very brief, losers are of the various proposals like so-called spending caps so that we can because I would like to talk a little bit that advocated by the Progress in accommodate additional spending in about this program that the gentleman Freedom Foundation and the other the defense budget, perhaps additional from Texas (Mr. DOGGETT) spoke about people that do not really believe in So- spending in other areas. That would be today very briefly. It is very interest- cial Security and want to abandon the fine, I suppose, and we will have to de- ing, because Martha McSteen is the system of the last 60-plus years, and I bate that issue when we prepare the chair of the National Committee to wonder if my colleague from California budget, hopefully by April 15 when it is Save Social Security and Medicare. (Mr. MATSUI) might focus some atten- due under the budget rules. Martha McSteen had been a Social Se- tion on the significance of this particu- There is also talk about a significant curity administrator for 39 years before lar study to our ongoing discussion of huge tax cut, and everyone relates this she retired in 1986. She was the acting Social Security. tax cut to the surplus. We heard the administrator of the entire Social Se- b 1600 chairman of the Committee on the curity program from 1983 to 1986, just Mr. MATSUI. Mr. Speaker, I thank Budget talk about a $700 billion tax cut before she retired. the gentleman from Texas (Mr. over the next 6 or 10 years. We have Believe it or not, that was under the DOGGETT) for yielding. heard the Senate Budget Committee Reagan administration. She was part The distinguished gentleman from chairman talk about an $800 billion or of this press conference. Texas, as many people know, is on the $900 billion tax cut over the next dec- And also John Mueller. And I want to Subcommittee on Social Security; and ade. just mention John Mueller’s back- his expertise obviously is greatly need- The problem we have, of course, is ground. He is an economist, and he was ed for not only this entire institution that over the next 5 or 6 years only $86 the chief economist for the Republican but obviously for the country. I appre- billion of the hundreds of billions of Conference, that is the Republican cau- ciate today that he has put together dollars of surplus will be in the form of cus, under the leadership of then chair this opportunity for a number of us to income tax, both income taxes from of the caucus Jack Kemp. They put to- speak on the floor of the House on this corporations and income taxes from in- gether this report to look into the very, very critical and important issue dividuals. The greatest percentage, 90 whole concept of whether or not we of Social Security. percent, of the surplus will be from the should privatize Social Security. In I might just mention the importance Social Security payroll taxes. We can- other words, allow private accounts of of Social Security to all Americans. It not afford to use those sums, basically either 2 percent or 5 percent or 4 per- is probably the most significant pro- coming out of that very regressive pay- cent, maybe 3 percent, whatever it gram that the Federal Government has roll tax, to pay for tax cuts that essen- might be, or maybe all of it. put together in the last 100 years, per- tially go to higher income folks. They have concluded, in their very haps in the history of our country. The chairman of the Committee on comprehensive study, that in terms of Every American is touched by Social Ways and Means already said that. It is winners and losers almost every Amer- Security; and, unlike what many peo- going to go to people in the high in- ican alive today will be losers under March 2, 1999 CONGRESSIONAL RECORD — HOUSE H865 this program of private accounts, pri- Mr. McDERMOTT. Mr. Speaker, the Mrs. THURMAN. There is another vate individual accounts. The only win- gentleman from Texas (Mr. DOGGETT) fallacy within the Chilean issue and I ners will be single males born in the is to be commended for having sched- think it is one that all of us are very year 2025, 25 years from now and be- uled this the day that we passed the comfortable with and one that cer- yond. most irrelevant resolution that I can tainly the gentleman from California The reason for that is because, as all imagine. It was empty in all its as- (Mr. MATSUI) has spoken about and of us know, we have an $8 trillion un- pects. that is, what happens to women and funded liability because Social Secu- I would say to the gentleman from children, to this family issue? What rity is basically a pay-as-you-go sys- Texas, as I sit here and think about happens to people who become dis- tem. It is a system in which current this, I was thinking about my grand- abled? If one looks at that system, generations pay for the retirement of father. He was a second generation there is in no way any kind of a benefit past generations, and it is not funded. American who went to the second built into their system; where in ours It is paid out of the payroll taxes and grade. He could read the newspaper and we have a guaranteed benefit for those immediately paid out of the Treasury. he could write, basically, but had no particular folks that find themselves in As a result of that, if one moves to a assets. But in the investment industry those very difficult situations. new system, where there are private in the 1920s there was a guy named Mr. MATSUI. Mr. Speaker, will the accounts, essentially what happens is Samuel Insole who had the electrical gentleman yield? that the current generation of workers industry all locked up, and he was sell- Mr. DOGGETT. I yield to the gen- will be paying two taxes: one for their ing stock all over the United States. tleman from California. own retirement maybe 20 or 30 years This was the time when we had private Mr. MATSUI. If I may just indulge down the road and the retirement of retirement. Everybody had their own for a minute, I noticed that sitting in their mothers and fathers, aunts and retirement. There was no Social Secu- the Speaker’s seat, as Speaker pro tem- uncles and perhaps even their grand- rity. So someone saved their own pore for the day today, is a new col- parents. money. league of ours, the gentleman from So once we move over to private ac- Well, Insole came down into central California (Mr. OSE). Actually, he counts, we are going to end up doing Illinois, where my grandfather was, comes from the Sacramento area, as great damage to every American that selling this stock. My grandfather, no many of my colleagues know who have is alive today and probably will be economist, no great education, said to met him. He has just taken our distin- alive, born in the next 20 years. The his wife, if this stuff is so good why are guished colleague Vic Fazio’s seat, who only beneficiary will be somebody who they selling it in the cornfields of Illi- retired. will be born in the year 2025 and be- nois? Why don’t they sell it in Chicago? I would just like to acknowledge the yond. It will be basically a male who is When it crashed and all the old peo- gentleman from California (Mr. OSE) single. ple in this country had nothing, that is and say that I am honored to be on the The gentlewoman from Florida (Mrs. when Franklin Delano Roosevelt came floor of the House in the gentleman’s THURMAN) can talk about the impact of with Social Security. Because when first opportunity, since he has been this on women. people tried to invest their own money elected to the Congress, as Speaker pro It is a major study. We hope that in the stock market, some people made tempore of the House. So I just wanted people will look at it because it con- it and some people got clobbered. firms the Galveston plan, which the So this has been a system now in to say, and probably breaching some gentleman from Texas (Mr. DOGGETT) place for 70-some years, I guess 60 kind of rule here, but I just wanted to is so familiar with, in which they do years, that has basically been protect- acknowledge the gentleman this private accounts. A GAO study showed ing senior citizens. When people come evening and say I am very, very that the Galveston plan is not working. here talking about let us privatize it, pleased that he is here and part of this. Mr. DOGGETT. Mr. Speaker, I know let us get away from a situation where It is a very historic moment, obvi- the gentleman has some constituents we all pay into the same pot and we ously, for the gentleman from Califor- that he is going to meet with now, but take out as long as we live and we nia (Mr. OSE) and his family. I appreciate his comments and his share the risk, all Americans share the Mr. DOGGETT. We are pleased to leadership. risk together, the move in the Commit- have the gentleman from California I think the kind of participation that tee on Ways and Means now is, let us (Mr. OSE) presiding over us this after- Mr. Mueller provides as an economist, privatize it and give everybody a little noon. And we are going to keep talking as a Republican, is the very kind of Re- book, and they will put their money in to the gentleman and with the gen- publican participation that we need. He their little book, and they will know tleman, because we do need everybody conceded in his comments that he how much they have, and they can get from California joining in to help us began with a strong ideological pre- rich or they can go in the ditch. That get Social Security legislation here, a disposition against our current Social will be their choices. Who knows? piece of legislation that we can all be Security system, but he was willing to The model they use comes out of proud of that will be there for our re- let the facts overcome that ideological Chile. People in this country ought to tirees. predisposition. take a very careful look at the Chilean b 1615 That is really what we are saying to example. some of our Republican colleagues who First of all, it took a dictator, As the gentlewoman from Florida is have made these very harsh criticisms Augusto Pinochet, to wipe out the sys- pointing out, for what I believe is of Social Security, to look at the facts; tem in Chile of a universal system and about 16.7 million children and adults and when they show, as this study that give everybody individual books. They here in the United States that are not the gentleman referred to, they show had to wipe out the labor unions, and relying on Social Security as the re- that no one alive in the world today they ultimately set this system up. tirement system but it is absolutely would gain from wrecking the system Two years ago, when the stock mar- vital to them that Social Security is and changing it so much that we would ket was not doing well, the Chilean there for people with disabilities or not recognize it, then we ought to try government said to people, please do family members with disabilities. to improve the system rather than to not retire because the stock market is I believe she was pointing out that it reject it. down and people will not have enough does not work that way under this I appreciate the gentleman’s partici- to live on. great model that some of our col- pation. My view is that we ought to be creat- leagues have been advocating. I know that the gentleman from ing a solid system that goes into the Mrs. THURMAN. The other thing Washington State (Mr. MCDERMOTT), future and not go back to the 1920s in that I might add to that is the issue of one of the few physicians here in the this country. an independent business owner. About House, serving on the Medicare Com- Mrs. THURMAN. Mr. Speaker, will 80 percent of them are covered under mission as well as working on Social the gentleman yield? no kind of retirement plan and were ac- Security, has some insight on this Mr. DOGGETT. I yield to the gentle- tually given an option not to partici- issue as well. woman from Florida. pate at all. We have no clue or idea H866 CONGRESSIONAL RECORD — HOUSE March 2, 1999 what would happen if their business policy or a $200,000 disability insurance that simulation on these various pri- failed in some way when they reach policy. I think that is the kind of bene- vatization schemes, his conclusion was that magical year of retirement for fit that we are talking about that that no group in our society would be a themselves, of what would happen to many people, a small business owner of bigger loser than women, and that it them. Would they become a ward of the the type our colleague from Florida did not make any difference, well, it country? What happens to this person? was mentioning, an individual em- makes a difference in degree, I guess, Mr. DOGGETT. The gentlewoman is ployee could not go out and afford to but regardless of income class, regard- saying in Chile if we followed that buy that kind of policy. But with all of less of race, regardless of marital sta- model, there would be businesses in us working together in this govern- tus, because of the factors that the two California, in Florida, in Texas that ment program, everyone gets that pol- of you have just been describing, would be totally outside of the system. icy of disability insurance and of life women will lose more than any other Mrs. THURMAN. And that is exactly insurance. part of our society if we reject the So- what happened in Chile. In fact, they Mr. MCDERMOTT. I think there is cial Security system that has served us said I think 80 percent of the small one other thing that the gentlewoman so well and go off with some of these businesses in fact do not even partici- from Florida (Mrs. THURMAN) brought ideological experiments. pate. We do not know, as I said, if they up and I think needs to be emphasized, Mrs. THURMAN. If the gentleman have no income. I think that takes us and that is the effect on women. If you will yield, just from the synopsis and right back to where we are and have have individual accounts and you work summary of findings, it said women been such strong supporters of Social and on the basis of your job you put in would be particularly affected by the Security, because when it was devel- whatever percentage, most women in loss of spousal and widows benefits, the lack of benefit progressivity, and the oped, it was specifically developed to this society make less than men do. lift people up and have some dignity in Mrs. THURMAN. If the gentleman loss of unisex annuities provided under their retirement years. In this case we will yield, we make about 74 cents on a our Social Security system as we know do not know where that dignity would dollar as versus a male. However, I will it today. And the Social Security bene- be, which is why I would be very con- say that during the State of the Union, fit for surviving widows is higher than cerned. It is also happening in some of it seemed to be one of the areas where the benefit widows would receive under the other countries that we are seeing, there was a lot of bipartisan support, a privatized system. This is true in with privatization, in the UK and in that we should have parity in the married couples when the wife is col- France and in some other areas where workforce. I am ready to work on that lege educated with even full earnings. they are looking at 5 years, they could issue any time the gentleman is ready. So there are really some issues that go bust in those areas and do not have Mr. MCDERMOTT. But there is an- would have to be particularly looked a clue as to what they are going to do other way in which women, if you have at. at this point, quite frankly because of individual accounts, not only do they I will say, even in the resolution that was passed today, women was an area administrative costs in these retire- make less but they work less numbers that was considered under this and one ment issues. of quarters, for reasons of childbirth of the things that I would like to say to Mr. MCDERMOTT. I think there is and for reasons of staying home and my colleagues is that it is okay to put one other thing that I want to empha- taking care of family members. Gen- size. Sometimes you cannot say some- it in words but now let us make sure it erally men do not leave their job and turns into action and that we do not thing too many times. That is, this take care of their mother or their fa- whole disability business, because I reduce these benefits or these concerns. ther or their in-laws. If the gentleman will let me just say have got an incident in my own district Mrs. THURMAN. The average is something else, too, because this goes right now that is right in the middle of about 11 years less than what men into another area but still I think is my mind. This is the best disability in- work in the workforce. the whole idea of security in your re- come program in the world. You can- Mr. MCDERMOTT. And then women tirement years and specifically with not buy one any better than this. We live longer. So they have less money as the issue of Medicare and the idea that had a policeman who was injured and income, they have worked less number we would add this additional 15 percent subsequently died, 38 years old, a wife, of years and then they live longer, so to take us into the year 2020. I think kids 5 and 3. Now, they go into the So- that they are impoverished or they will the gentleman from Texas mentioned cial Security system and she is guaran- be impoverished by this kind of sys- the security of health care. In one of teed a benefit for herself and those tem. our same hearings, and I know we are children for the rest of her life and for Mrs. THURMAN. The way that that not going to get much into this, but the kids up to the age of 18. Most would work is they would have to buy one of the things that was said during young people in this country do not under an individual account an annuity one of our committee hearings, Mr. know that they are walking around and when they buy that annuity it Lew said basically if Congress fails to with this insurance policy in their would be based on an actuarial life enact this legislation, 15 percent, we pocket. It is not one you want to col- span. Because women are predicted to have only three options in the Medi- lect on but it is like your fire insur- live longer, so when they bought theirs care issue and I hope that we are all ance. You buy fire insurance on your at 64, 65, whenever they were ready to listening to this because he stated that house hoping you will never collect on retire, when the insurance folks would we would have to reduce provider pay- it. The same is true in terms of this. To settle this out, they would say you ments, raise payroll taxes or cut bene- make this appear that this is just a would actually get a lesser per month fits. I am just adding that in because program for old people is simply to check than the male would just be- that is another part of the whole Social misrepresent what the Social Security cause of your life span issue, which is Security issue as we are looking at this system is all about. the reason that that would happen. debate. Mr. DOGGETT. Let me, if I might, Mr. MCDERMOTT. Anybody who Mr. MCDERMOTT. I think one of the just on that point quantify, because we looks at this with an open mind real- things that we need to talk about a lit- had some excellent testimony the izes that women will suffer if we go to tle bit so people really understand it, other day in our Ways and Means Sub- privatization and do not have this gen- because sometimes I know that I think committee on Social Security from eralized program we have today. That I understand about something until I Marty Ford representing the Consor- reason alone ought to be enough to really begin to feel about or actually tium for Citizens with Disabilities. She make us keep this program together, if look at it. This Social Security issue pointed out that for the average wage we care about our mothers and our sis- really, if you want to take a point earner, much as the gentleman was ters and our aunts and all the rest. when it got acute was in 1983. We in the saying for the law enforcement officer, Mr. DOGGETT. The gentlewoman Congress, not any of us, but the Con- for the average wage earner with a from Florida was at this briefing today gress decided they were going to save family, Social Security that we have with the National Committee to Pre- Social Security, so they raised the con- today, the insurance benefits, are the serve Social Security and Medicare. tribution rate so that people were put- equivalent of a $300,000 life insurance The Republican economist who did ting more money into the pot that was March 2, 1999 CONGRESSIONAL RECORD — HOUSE H867 being paid out in that year, the so- children to go to college or buy health tor bills. And when Medicare started, called pay-as-you-go idea. You put in care or help with long-term care for an 1965, less than 50 percent of people had as much as you have to pay out. Well, elderly person, whatever that case may health insurance above the age of 65. we were putting in more than we had be. We all recognize that that is what Now 100 percent are covered. It is the to pay out, so a surplus developed in we should be doing. second leg of the economic security for there. During the 1980s, under Mr. I have to tell you, it was interesting, senior citizens in this country, and you Reagan, for the Cold War reasons and a I am going to try to get it right. This have to stabilize that plan. Otherwise, lot of reasons, we borrowed all of that. morning I was going back over some the Social Security check is going to We borrowed that money out of the So- clips. It seemed that there was this go simply to pay for more health care cial Security and we have been pay- continuing, ‘‘Well, if we don’t do this, benefits. ing—we meaning the government bor- we’ve got all this surplus, should we Seniors already spend $2,500 on aver- rowed it—and we have been paying in- then give this tax cut?’’ And Greenspan age in this country out of pocket on terest. Every year, one dollar out of said, ‘‘Well, you know, it is the last Medicare for medical things that are seven in the Federal budget goes to pay thing I would like you to do, but the not covered by Medicare. So the Social interest to the Social Security system. worst thing you need to do is be spend- Security and the Medicare are linked It is almost our biggest expenditure ing it on new programs. So if you can’t very tightly, but it is absolutely cru- outside of Social Security itself, just a save it and use it to pay down the debt, cial that people have an income to live little less than we spend on defense, we well, then maybe you should do that.’’ on. If you do not have that one sta- are spending in interest on this money. But quite frankly the first thing we bilized and you start making that one The President’s proposal in his State should be doing with this money is unstable and then make their health of the Union message was absolutely a paying down our debt. care unstable, you will have taken stroke of genius, because he is not only Mr. MCDERMOTT. The actual quote, away all the emotional security that paying off the national deficit but he is if the gentlewoman will yield for a sec- senior citizens feel in this country be- also strengthening the Social Security ond, ‘‘My first preference,’’ he said, ‘‘is cause of these two programs. system by putting 62 percent of the to allow the surpluses to run for a Mr. DOGGETT. A colleague of ours surplus until the year 2014, and the while and unwind a good deal of the who was a leader even before coming to amount of national debt will be mark- debt to the public which we have accu- this House as a State official in dealing edly reduced. I personally think that it mulated over the years.’’ Here is the with pensions, retirement security, in- is inconceivable that if you have any man that has brought in large measure surance, is EARL POMEROY of North Da- conservative bones anyplace in your the present economy to its present kota. And I am pleased that you join us body that you would, having received state. He is saying, pay off the debt. I this afternoon, also now as the co-chair this benefit, say, well, let us spend it do not see how anybody can be against of our entire Democrat Caucus Task on a tax break rather than pay this this. It is going to be interesting to Force on Social Security, and I know enormous debt that faces this country. hear the debate that will go on while you have some thoughts about this on- I think the people have to understand, they try and justify, ‘‘Well, since we’ve going debate. the Congress created the debt, and it is got the money, rather than pay it off, Mr. POMEROY. I certainly do, Con- now when we have surplus the time to we’ll just give it back.’’ gressman, and I want to thank you for pay it off. It is like your credit card. If your leadership as well as, Congress- b 1630 you get a Christmas bonus and you say, man MCDERMOTT and Congresswoman well, let us just buy some more rather It is the people are the ones who are THURMAN, for your leadership on the than paying down your credit card, you going to benefit from stabilizing Social Committee on Ways and Means. I know would say that person was irrespon- Security and Medicare. There is a tie that you have been having many hear- sible. The Congress will be irrespon- between these two. Because when we ings on this topic awaiting the reform sible in my view if it does not use this talk about these older women, there proposal of the majority. money to pay down that debt. are about 6 million women in this While it is difficult to try and see Mr. DOGGETT. That is the whole country living on $8,000 of Social Secu- what they may be proposing, I know, as meaning of the phrase ‘‘save Social Se- rity, and it is those people that we are you have told me, the thrust of the de- curity first.’’ We save Social Security talking about raising the premiums on bate seems to be shaping up to be be- first, ahead of anything else, and we do Medicare. tween those that want to reform and it by the very fiscally responsible step Mrs. THURMAN. Sixty percent of the reduce Social Security protections and of paying down these trillions of dol- Social Security recipients are women those that want to strengthen and pro- lars of Federal debt that has been accu- in this country. tect and extend those protections so mulated over the last many decades. Mr. MCDERMOTT. Yes. that the next generation has the same Mrs. THURMAN. Again through the Mr. DOGGETT. Let me ask you in protections that our parents, grand- hearings that we have had, if anybody that regard from your service on the parents and we will have as well. has been watching the news or reading Medicare Commission. Now I have I think that, as we see this take the newspaper or looking at Newsweek heard some people on our Committee focus, it appears as though those who or any one of the organizations that on Ways and Means say that they, as want to reduce Social Security will be have been writing about what is going Republicans, would agree with the advancing a proposal of individual ac- on up here, Greenspan both in the Sen- President to set aside 60–62 percent of counts replacing the guarantees and ate Finance Committee and Ways and future surpluses to take care of Social assurances that today protect one in Means, Banking, wherever he has ap- Security, but they wanted the rest of six families in this country, one in six peared over the last couple of months it, I guess, for various other schemes, Americans in this country receiving a in his report to Congress has been, this and they did not want to focus on the Social Security payment in exchange is the best thing you can do for this Medicare aspect. If we only do the 62 for an individual account proposal. country. And then the beneficiaries are percent and we do not have any long- You have mentioned earlier a study all Americans, because we continue to term solution otherwise to Social Se- that was released today, and I also see a robust economy with jobs being curity and we do not address Medicare, want to call it to the attention of the created, businesses having capital to what would be the effect on the health body, a study authorized by the Com- expand and extend their businesses, we security of our seniors? mittee to Preserve Social Security and have lower interest rates or continued Mr. MCDERMOTT. Well, I think that, Medicare conducted by a Republican lower interest rates. We know how that first of all, anybody who would try and economist that shows there are dis- has been spurring this economy, the separate them and say one is impor- tinct winners and losers under a pro- fact that people have been able to refi- tant and the other is not simply is not posal to go to the individual account. nance their mortgages so they have old, because if you are old, you think But most of us, virtually all of us liv- more money in their pockets for dis- about two things: How you are going to ing today, fall in the losing category. posable income, maybe for possibly pay for your house and your food and The individual account winner fell to even putting a little money aside for how you are going to pay for your doc- one narrow class of males in affluent H868 CONGRESSIONAL RECORD — HOUSE March 2, 1999 earnings that will be born in about 20 Mr. MCDERMOTT. What is the ad- to individual accounts. Today’s study years. All of the rest of us lose, and we ministrative cost under Social Secu- shows quite conclusively that African lose for one fundamental reason: You rity? Do you know? Americans would lose and lose big. have to continue making payments on Mr. POMEROY. The administrative They hold this out as an opportunity the existing structure, the structure cost under Social Security is under 1 for modest income workers to accumu- that today is meeting the needs of percent. It is truly the most efficient late wealth. Today’s study shows that more than 40 million Americans, even mechanism of getting benefits avail- middle income, modest income workers while you begin to create these individ- able to Americans. lose and lose significantly, as opposed ual accounts and direct money to those Mr. MCDERMOTT. And the adminis- to the assurances they now have with so that that is going to work to replace trative costs in an investment house, Social Security. And then finally the Social Security payments in the fu- Wall Street Journal kind of private in- women, the biggest losers of all under ture. vestment account, what would that be? the shift to individual accounts. The thought behind this economist’s Mr. POMEROY. Well, they run con- I look at the perspective from my study was a very simple but straight- siderably more than that. In fact, the own family. I cite the three women in forward one. It is always, always more least expensive individual account my life: my 78-year-old mother, my 46- expensive to pay for retirement twice structure could be brought on line po- year-old wife and my 5-year-old daugh- than once. And so if we fund the exist- tentially for 8 percent, 800 times what ter spanning three generations. All ing system and fund the individual ac- we are presently paying; and a more lose, moving away from the guarantees count system, we are in essence paying likely scenario could be 30 to 40 percent of our Social Security program into twice, and that is the cost that ulti- in a completely privatized environ- the untested uncertainties of the indi- mately reduces what Social Security ment, reducing benefits in favor of ad- vidual account environment. The study offers to Americans. ministrative costs while you reduce the today shows it is a loser and we leave Mrs. THURMAN. Mr. POMEROY, with- assurances. It is just not the way to go. people less well off, with greater risk Mr. DOGGETT. And while the study in that, and so we can kind of look at and lower benefits. this debate and maybe kind of give the that we heard about today was a sim- Clearly, this is absolutely not the ulation using an economic model by a audience or whoever is out there listen- way to go with a program as important Republican economist, is there not ing to us the word or the captured word to Social Security. I think at this some experience in some of the foreign that what you are talking about, and point in time, if the majority wants to countries that have moved to these pri- this is the transition tax. It may be continue to pursue this radical reform vate systems that they have actually called something else, but the fact of proposal, reducing the assurances of experienced administrative costs of the the matter is it is the dollars that are Social Security in exchange for the in- level that you are referring to? going to have to be spent to cover Mr. POMEROY. Well, the fact of the dividual account proposal, it is time those people that are on Social Secu- matter is is you are precisely right, for them to stop shooting at the frame- rity today and within the system. and pensioners and near-to-be pension- work advanced by President Clinton Now to that, Mr. POMEROY, one of the ers have lost millions, all told. In the that preserves the guarantees and ad- things that John Mueller talked about experience of Chile, in the experience vances specific proposals that would es- specifically was these other studies and of the United Kingdom, two prevalent tablish the individual accounts. I am why these other studies were wrong examples asserted by those that want convinced, in light of what these stud- when looking at the Social Security to create individual accounts, look a ies have shown, that when analysis is system, specifically as we privatize or little deeper and you see that the ad- run on any individual account proposal if it were to be privatized. And they ministrative expense component is they will bring forward, we will show said that these are some of the issues really coming home to roost in those reduced benefits, higher risk, lower as- that were left out of their models. experiments. surances and a step backwards in terms And maybe you can help me with The other real-life example we have of providing retirement, income secu- this, that they have left out or under- is a private alternative to a Social Se- rity for American families. estimated transition costs, which curity program being run down in Gal- I thank the gentleman for this dis- would be this transition tax, and ad- veston, Texas. cussion. ministrative fees for private accounts, Mr. DOGGETT. We usually think ev- Mr. McDERMOTT. Before you walk that they have used a so-called typical erything is a little bigger and better away, I would like to ask you a ques- household that in reality does not par- down in Texas, but in fact the study tion. You quote that Galveston study. allel the actual earnings or employ- that you referred to in Galveston, What were the reasons why people who ment history of most workers. And, Texas, most everybody there that was choose not to go into Social Security three, they have used exceptionally left out of Social Security. According but to do their own investing, why did high projections for market returns to the objective study on it, they came they come out worse off? I mean, my that do not track with the extremely out a looser; did they not? son has given that argument to me. He slow economic growth or cash used by Mr. POMEROY. Well, this is a study said, dad, we do not need Social Secu- the Social Security actuaries when we by the General Accounting Office, and rity. Just give me my money, and I are predicting the future of Social Se- this is not a group with any stake in will invest it, and I will be just fine. I curity funding. this debate. They are providing the would like to hear what happened to Mr. POMEROY. That is precisely cor- strict analysis, and they find precisely them. rect. The gentlewoman is exactly right. that those that have gone not with the Mr. POMEROY. Well, in fact, they These earlier studies have been flawed, Social Security but with this alter- run into the things that we have been and they are being corrected by a spate native plan for the local public employ- discussing, higher administrative fees, of recent studies done by all perspec- ees have not fared as well as they greater investment return uncertainty, tives out there analyzing this very im- would have done under Social Security. the same things that would face, in portant issue. I cite for the gentle- As we approach this vitally impor- fact, the reform of Social Security. woman’s attention a November, 1998, tant program, it is really important, The fact of the matter is that I think EBRI study. because of its critical importance to we need to appreciate the fact that as Now EBRI is the Employee Benefits American families, that we not deal individuals deal with at-work retire- Research Institute, a business-funded with, you know, ideology and theories ment plans, they are already taking on research group assessing the impact of and concepts. If we would make this a good deal more risk than they tradi- administrative fees on these individual change, we would not be able to change tionally have. In the past you had your accounts. The thrust of the study, back, and so it is vitally important pension, the assets were managed else- quite likely the administrative fees that the research come up a good meas- where, and you put in your time, and certainly eclipse any enhanced earning ure from what those favoring individ- you got your retirement check. opportunity under the individual ac- ual accounts are presently asserting. Presently, you have a 401(k) plan. count proposal, if they are administra- For example, they say that African Workers in the work force today strug- tively possible in the first place. Americans would benefit under a move gle to make a matching contribution March 2, 1999 CONGRESSIONAL RECORD — HOUSE H869 so they get some money accumulating rid of the Federal program has been to cally against anything that has gov- in their 401(k) accounts. We know that say to our kids in an advertising cam- ernment in it. They do not agree with over half the 401(k) accounts in the paign over and over again, social secu- the government highways, they cer- marketplace have less than $10,000 in rity is not going to be there when you tainly do not agree with government them, hardly anything that is going to get there, so why are you paying for it? schools. They want to voucher some sustain a comfortable retirement. You are paying in, but you are not students out. They will not vouch for We also know that those 401(k) ac- going to get anything out of it, you public education. They feel if they can counts carry a level of investment risk, know. That has begun to take effect tear apart the bonds that have tied and quite often workers are mystified, among young people in this country, Americans together around social secu- bewildered by the investment choices when in fact it is not true. It is a lie rity, then they can eliminate any gov- that confound them. The last thing that is being pushed by people who ernment program. they want to do is take the one piece of want to destroy the social security sys- I think it is that ideological fervor, it security they have in retirement, So- tem as we have come to know it. is the kind of thing I was referring to cial Security, the bedrock, the founda- I personally think our biggest job at the beginning of this special order in tion, and put risk into the foundation will be, and if we fail in educating the the Newt Gingrich Progress and Free- as well. public about this, at some point they dom Foundation, that it was not just b 1645 may buy this kind of mythology, about about financial returns, but it was if they had their own money. But the about some very distorted idea of free- This is what we build on for retire- thing we have to remember about the dom; that if you could break apart the ment security. We do not want to United States is that we are not a social security system, you could break crack the bedrock assurances social se- country which has done things individ- apart anything else. curity has offered, creating even more ually. We do not put out fires individ- I think when we stand up for social uncertainty as to the ability to make ually. We do not build highways indi- security, we are not only standing for it in retirement years. vidually. We do not build schools indi- the security of our seniors and our dis- Mrs. THURMAN. One of the other vidually. A social security system, abled Americans, but we are standing things we have found, not maybe with some may be able to build one, but for for some common bonds that tie us to- the Galveston but just generally, par- everybody who can, there is going to be gether; that I have an interest in what ticularly when we are using another somebody who cannot. Our problem happens to your family, you have an form of an IRA 401(k), those kinds of here is to make sure that everybody interest in what happens to mine; in issues, again, this comes back to has something. Otherwise we will be our retirement, if we are faced with the women. In many cases, if they only back in the thirties. loss of a breadwinner, if we are faced work maybe 4.7 years at one job, there- Mr. DOGGETT. Mr. Speaker, a couple with an unexpected disability, that fore, for many companies they cannot of points there that I think are really there is something there to provide us even vest or participate in any kind of important, because I have gotten some with a little bit of a safety net in that a retirement system outside of social of those same kinds of communica- kind of tragic situation. security, which creates one problem for tions. I expect every Member has, par- I know the gentlewoman has some them. ticularly from younger Americans, say- observations on this. Then say that they get into that sit- ing, just show me the money and I will Mrs. THURMAN. I was just going to uation and they do have an oppor- do it on my own. say, when the gentleman was talking tunity to vest in something like this, One of the things we know from the about the young person and the report, or they have put some money aside in study that came out today that we if we go to page 11 of that report, and an IRA. Women are the first ones that have referred to, prepared by a Repub- under conclusions, No. 2, and the gen- give up that security to give security lican economist who had a leading staff tleman from Washington can say this to their other family members. So if position with House Republicans in back to his son, because of the transi- they have a child that needs to go to this House during the Reagan adminis- tion tax, and again, I go back to that, school, it becomes an education benefit tration, is finding that every one of inherent in any move away from pay- for their child. If maybe they need a those people, the young person that as-you-go social security, no cohort house or a down payment, they are the wrote you, the young person that now alive could avoid serious economic first ones to give up that security that talked with you at a town meeting in losses from partly or fully privatizing would be used for themselves in that Florida, the young person who con- social security, even under the most later time of retirement. So again, here tacted me in Austin, Texas, every one unrealistic set of assumptions. All co- is another little pitfall that happens of those people and every single person horts now living would be substantially for women in these situations. alive today is going to come out worse better off with even a scaled-back, bal- I think the one about the 4.7 years, so under these experimental plans, ac- anced, pay-as-you-go retirement pro- much of this is based on vesting in any cording to this simulation, is going to gram. one system. Sometimes it takes as come out worse than if we maintain Mr. MCDERMOTT. May I ask a ques- much as 10 years. We just do not stay and strengthen the system that we tion? at a job for that period of time. have right now. Mrs. THURMAN. Certainly. Mr. MCDERMOTT. I think EARL real- Mr. MCDERMOTT. How do people get Mr. MCDERMOTT. What is a cohort? ly put his finger on it. It is there and that report? Where is that report? Mrs. THURMAN. I would think that we know it is there, and our job has got Mr. DOGGETT. This report is avail- would be one of us; a people, a person. to be to stabilize it and make it so that able from the National Committee to Mr. MCDERMOTT. A group, right? there is no question that it will be Preserve Social Security and Medicare. Mrs. THURMAN. These are scientific there for our kids. I am sure they will have it up for many terms they use when they are putting I think all of us my age or around my of our young people who are web lit- together these reports. age have kids who say, well, I heard erate on their website. I know my of- But also the question that has to go that this is not going to be there when fice will be pleased to supply informa- back to that young person today is, if I get to be old. The first thing we have tion, and I am sure yours, as well, to they are relying on a study, they need to get out to them is the message that people from your part of this country to ask the hard question, too, because if we did nothing, if we did nothing, who want to get more information this is about their security. Just as im- there would be three-quarters of the about how they would be affected. portant, it is about their mother’s or benefits in social security forever. Then I would just add, with reference father’s security, so that that does not There is no question that we can do to what you said about going back to fall upon them when they have chil- that. The question is whether we are the thirties, I have to feel that one of dren and are trying to rear their chil- going to have to reduce the benefits if the reasons that some of these Wash- dren, and all of a sudden they have a we do not do something about it. ington think tank ideologues want to parent who has no income, or any of I think that the mythology of those break apart the social security system those kinds of things that could happen people who want to privatize it and get is that they are so committed ideologi- to them. H870 CONGRESSIONAL RECORD — HOUSE March 2, 1999 But the hard questions go back to with everyday frustrations and con- local businesses in order to print in- why the other studies are fundamen- cerns, I am proud to bring to Members’ formative guides he designed to pub- tally flawed. Why were those questions attention an outstanding young man licize the website. He worked with his not asked? Again, they left out the un- from the Third District of North Caro- fellow scouts and classmates to check derestimated transition costs, they lina who has taken positive steps to en- the site to ensure it was complete, and have used a so-called typical house- sure a bright future for himself and his to check for flaws. hold, and the fact that they look at ex- community. b 1700 ceptionally high projections for mar- At just 14 years of age, Patrick Earle ket returns. Those are the questions we McCammond recently achieved the Finally, he led demonstrations to in- troduce his complete project to local need to send back to our children. rank of Eagle Scout in the Boy Scouts veterans groups. Hundreds of veterans I would also say, I am not giving up of America. The Eagle Scout rank is across the country have now visited on our children, our sons and our the highest rank in scouting. In fact, and benefit from Patrick’s web site. daughters. They see the benefit to only about 2.5 percent of Boy Scouts their parents or, in some cases, their Outside of his life as a member of the ever achieve Eagle Scout. It is an ac- Boy Scouts, Patrick serves as the grandparents. They understand that complishment reserved for young men eighth grade class representative to his their parents are being able to pay for who incorporate the principles in the school student council at Annunciation their education. They are able to help Boy Scout oath and the Boy Scout Catholic School. He maintains a B av- them buy that first home, because motto in their daily lives, and earn 21 erage in his studies and is a state-level their parents’ parents are not reliant merit badges in areas ranging from swimmer on the Carteret Currents on them for their everyday household community service and leadership to swim team. needs. I think that that is very impor- physical fitness. Patrick not only han- Patrick also serves as one of the 32 tant. dled and met these standards, but he students who were selected from hun- So if we just let them kind of capture far surpassed the minimum require- dreds in the entire State of North Caro- back in, look around and see the bene- ments. In all, Patrick has earned a lina to be a First Flight Ambassador fits social security has provided in total of 55 merit badges, with more in for the Class of 2003, First Flight Cen- their own family, in their own family the works. That is more than double tennial. today, and then look at friends who what is required. Mr. Speaker, in today’s society it is might have had a loss of a parent, or if He has also received a number of hon- easy to lose sight of the values of they have had somebody who has been ors and awards within Boy Scouts in honor, integrity, and character, yet on disability at an early age, they can his community, which include the they are the foundations that make truly look and see what this program Arrow of Light, World Conservation our citizens and our Nation strong. has provided. I hope we will continue Award, International Catholic Aware- I would like to thank the Boy Scouts, to do these kinds of things, to continue ness Medallion, and the High Adven- Girl Scouts, Little League, and all pro- to bring these issues to the American ture Patch. grams and organizations within our people. While achieving this rank itself is an communities that work to help teach The gentleman from Texas (Mr. accomplishment, Patrick has literally our children values and help them to DOGGETT) has been great, and I have dedicated his youth to helping his com- recognize their own potential. enjoyed this, I say to the gentleman munity. When I learned of Patrick’s Mr. Speaker, Patrick McCammond from Washington (Mr. MCDERMOTT). achievements at such a young age, I exemplifies all that is good in the Mr. DOGGETT. I thank both Mem- youth of America today. I am proud of bers for their continuing work on this certainly was impressed. But only when I learned about a project he de- him and the example that he is setting topic. for his peers by taking pride in his fam- I would just summarize in these clos- veloped for his community did I fully recognize the impact of scouting on ily, his faith, and his country. In his ing minutes and say that the first actions and in his deeds he, and all who thing is to put social security first. We Patrick’s life and his future. One additional requirement for Eagle participate in Scouting, reflect the val- say, save social security first. Do not ues and spirit of community service engage in a bunch of new spending pro- Scout is the completion of a service project to benefit a religious institu- that will build the future leaders who grams. Do not dissipate the surplus will make us all proud. tion, school, or community. We have a with some politically-motivated f changes in the tax code. Use the re- strong military presence in North sources that are available at this great Carolina. In the Third District alone, OBVIOUS BENEFITS OF A CON- time in the American economy to see which I have the privilege to represent, SERVATIVE, HUMANITARIAN AP- that social security is saved first. we have four military bases with 77,000 PROACH TO GOVERNING IN Then second, it is a matter of our retired veterans and another 10,000 re- AMERICA working towards a bipartisan agree- tired military. Knowing this, Patrick The SPEAKER pro tempore. Under ment. I believe that we can do that in created a website designed to assist the the Speaker’s announced policy of Jan- a constructive way. We must do that. veterans in his Carteret County com- uary 6, 1999, the gentleman from Colo- We should move forward immediately munity. rado (Mr. SCHAFFER) is recognized for with the President’s program and see Mr. Speaker, there are many young 60 minutes as the designee of the ma- how we can make it even better to pre- men in the Third District of North jority leader. serve this very valuable system. Carolina like Patrick who have Mr. SCHAFFER. Mr. Speaker, before f achieved the rank of Eagle Scout, and I start, let me just invite all of our col- even more who will in the future. As leagues who are watching and follow- TRIBUTE TO PATRICK EARLE their congressman, I am proud of each ing the floor proceedings on the Repub- MCCAMMOND, AN EAGLE SCOUT and every one. lican side who have been looking for- FROM CARTERET COUNTY What makes Patrick McCammond’s ward to this evening’s special order as The SPEAKER pro tempore. Under a efforts special to me is his concern for an opportunity to showcase and feature previous order of the House, the gen- our veterans. No matter what age, we a number of the successes of the Re- tleman from North Carolina (Mr. as a Nation must never forget the men publican Conference here in Congress. JONES) is recognized for 5 minutes. and women who have served this Na- Our agenda is one, of course, of fight- Mr. JONES of North Carolina. Mr. tion to protect the freedoms we enjoy ing for lower taxes, fighting for strong Speaker, this is not an easy time for today. national defense, insisting that we find young children in America. Mixed mes- Patrick paid tribute by taking steps methods to secure and safeguard the sages from our society about morality to research, create, and implement his Social Security Administration, and and the value of truth can confuse an project. First he worked with computer creating and providing the world’s best already difficult time for our Nation’s professionals and area veterans’ orga- education structure. I want to talk children. nizations to develop the website, which about the obvious benefits of a conserv- When so many young people today he named carteretvets.org. He obtained ative, humanitarian approach to gov- are finding destructive means to cope technical and financial support from erning in America. March 2, 1999 CONGRESSIONAL RECORD — HOUSE H871 I want to do that, Mr. Speaker, by nition of liberty and freedom in Amer- one punished for succeeding. They un- highlighting a couple of articles that ica. It is made possible by the Repub- derstand that as they will experience appeared in the Denver Post over the lican majority in the United States this year, with a child under 17 still at last few days. Here is the headline: House of Representatives and the home, a $400 per child tax credit. That ‘‘Welfare rolls drop 42 percent. State’s United States Senate that, for the last $400 stays in their pocket to save, decline is faster than the U.S. aver- 4 years that we have had the majority, spend, or invest as they see fit. age.’’ heading into our fifth year, we have fo- Mr. Speaker, that is the challenge, is This is important to note because cused on tax relief. We have focused on it not? Is there not a central choice Colorado, among the 50 States, is con- families. We have focused on reducing here? Who do we trust, Washington bu- sidered a low-tax State. Colorado is a the regulatory burden on those who reaucrats or our family, to make deci- State where the regulatory burden on provide the kind of jobs that Teri now sions? That is the key and that is what Colorado businesses and those who cre- enjoys. That, in the end, is by far a bet- we champion in this common-sense ate job opportunities is relatively low. ter definition of a caring, compas- majority. It is a State where we have been seri- sionate, humanitarian, conservative Mr. Speaker, I am pleased to see an- ous, quite serious about putting the philosophy designed to put people first other of our colleagues, the gentleman welfare reform proposals passed by this and help Americans help themselves. from Colorado (Mr. TANCREDO), one of Congress into place at the State level, Mr. Speaker, with that I yield to the our newcomers. I welcome him to the and the result is very dramatic and gentleman from Arizona (Mr. Chamber. We are glad that he is here. Mr. TANCREDO. Mr. Speaker, I very positive for the people of Colo- HAYWORTH). rado. Again, a 42 percent drop in the Mr. HAYWORTH. Mr. Speaker, I thank the gentleman from Arizona, my welfare caseloads over the last 18 thank the gentleman from Colorado for friend and colleague, for yielding to months. yielding to me. I am especially inter- me. I certainly concur with the re- It is a real credit and a dramatic bit ested in some of the definitions that marks that have been made to date of evidence as to what can be achieved tend to waft around inside the Beltway with regard to the issue of taxation, through lower taxation at the Federal here, one being ‘‘compassion.’’ I think, the impact it has on the country, the level, lower regulation burdens on if one saw the New York Times last effect it has on productivity, the abil- those who are creating jobs, and a week, they saw an example of this. The ity for this Nation to move ahead, to create jobs, to create wealth. healthy economy and business climate. noted commentator and columnist, Mr. Speaker, everyone knows that Mr. Speaker, here is a quote from one Tony Snow, mentioned it this past whatever we tax, we get less of; what- individual. He said that this is pri- Sunday on Fox News Sunday when a ever we subsidize, we get more of. The marily due to employment opportuni- front page article in the New York fact is that when we tax productivity, ties and to a ‘‘work-first’’ model of wel- Times bemoaned the reduction in ap- when we tax jobs, we are going to get fare reform. This is a quote by May- plications for food stamps. less of them. It is not, as they say, nard Chapman, Welfare Reform Pro- Mr. Speaker, let me simply affirm ‘‘rocket science’’ to realize that this is gram Manager for the Colorado Depart- that the truest form of compassion is the effect of overtaxation. ment of Human Services. not adding people to the welfare rolls, We are now at a rate of taxation in ‘‘But if job opportunities are not out not adding people to the food stamps this country that has never before been there, I don’t care what type of welfare program. The true definition of com- seen. Many people do not realize that reform design you’re using, it is not passion is helping those people, just as because times are good. We hear it all going to work because the job opportu- the gentleman from Colorado men- the time: Times are good. And so there nities are not out there.’’ tioned, move from welfare to work so is an assumption that if everybody is It highlights, that comment, what that they have the opportunity to pro- employed, that everybody enjoys pay- the Republican Party has been suggest- vide for themselves and their families, ing a high level of taxes just because ing and promoting for a long time. so that they have the chance to realize they have a job. That by focusing on a stronger, more their hopes and their dreams. That is But, Mr. Speaker, they do not. As a vibrant economy we can structure wel- the true measure of compassion. matter of fact, even those people who fare reform in a way that works, as it Mr. Speaker, I must also note with are employed and making good wages has for a woman named Teri Higgins great interest some of the comments in deserve a tax break, deserve a tax re- who was quoted in the article. the preceding hour. It is sad to hear duction. Even those people who are on Reform for her has meant a new way some come to this floor and so passion- farms and who have spent a lifetime in- of life. After being on welfare for 31⁄2 ately try to sell an agenda of fear to vesting in the land and bring food to years, she is almost completely self- the American public, rather than facts, our tables, those people need a tax sufficient. She was a full-time student to merchant or to market the politics break. Those people need to have the halfway through her associates degree of fear as opposed to the policies of abolishment of the inheritance tax. program in business administration hope. This is something that this Republican when welfare reform kicked in 2 years Mr. Speaker, this common-sense con- Congress is going to put forward. It is ago. Under the new system she had to servative majority, in the tradition of one of the many issues that we will work, so she decided to work in a work- welfare reform, is moving four major drive forward to attempt once again to study program at Community College goals: bring into line this Federal Govern- of Denver. Within a year, the 37-year- Number one, to protect, save and im- ment that is, in fact, oppressive enough old single mother of three boys went prove Social Security and Medicare. to actually raise almost 20 percent of from being a welfare recipient to the Number two, to offer meaningful tax the GDP now going to taxes. Most fam- office manager for the Division of Busi- relief for working Americans. ilies in this country are paying up- ness and Government Studies at CCD. Number three, to improve education, wards of 40 percent of their income in Mr. Speaker, here is what she says. not by micromanagement from Wash- taxes. ‘‘What made the difference were the ington bureaucrats but by empowering I cannot believe that there are people extra things,’’ such as helping her pro- parents and students and teachers and even here in this body, but certainly on vide for day care so she could go to local school districts. that side of the aisle, who would sug- school, the emotional support from And, number four, to strengthen our gest that that is anything even re- counselors. She said that she still national defense and security. motely near fair. There is nothing fair struggles. She makes a decent wage Indeed, I was walking over with a about taking 40 cents out of every sin- and it is hard to make ends meet, ‘‘but constituent, a man who lives in Wins- gle dollar that a man or woman work- when I sit down and write checks out low, Arizona, part of the Guard and Re- ing in this Nation makes and giving it for all my bills and everything is paid, serves and also a Federal employee. He to the government. There is nothing that is really a good feeling.’’ was telling me on the way over to this fair out of that. We do not get that I suggest that for Teri Higgins, and Chamber how he and his wife embrace much out of it. for millions of people just like her, this the notion of lower taxes for everyone Mr. SCHAFFER. Mr. Speaker, when pathway to self-sufficiency is the defi- because they do not want to see some- we listen to our constituents, as the H872 CONGRESSIONAL RECORD — HOUSE March 2, 1999 gentleman from Arizona mentioned a rado: There has come to be in this Na- Mr. TANCREDO. Mr. Speaker, I little earlier, our constituents will tell tion an observance of a day that is not thank my colleague, the gentleman us and help us to understand how im- exactly a holiday, though it offers from Colorado, for yielding to me. portant this issue is. I want to share emancipation from the burden of tax- Mr. Speaker, I have certainly been with my colleagues a letter I received ation. hearing a great deal. As a matter of fact, I do not believe that I can put it from a woman in Fort Morgan, Colo- b 1715 rado. She said, ‘‘Since Republicans more succinctly or more profoundly gained control of the House and Senate We call it tax freedom day. Depend- than a constituent from Aurora who in 1994, my husband and I have been ea- ing on the calculation, whether we are writes, ‘‘The American dream has al- gerly looking forward to some kind of talking exclusively about Federal ways been to get married and raise a tax reduction.’’ And she said this Janu- taxes or if we combine them all, as the family, to own your own business, to ary she is going to be retiring early. gentleman from Colorado pointed out, own your own farm, to build a secure Her biggest concern, number one ur- the cost of all taxation and the hidden and better future for your children to gent need, is further tax relief to allow costs of regulation, quite often, Amer- enjoy, to pass on what you have her and her husband to do some better ican citizens work from January 1 worked so hard for and paid taxes financial planning and to deal with the through our Independence Day or close along the way for the next generation. situation that is about to change in to it on an annual basis to free them- ‘‘For the past 20 years, I have suc- their lives. selves from the yoke of taxation. That cessfully built several dealerships, pro- Mr. Speaker, I brought a stack of let- is what we are talking about here. viding jobs and revenue to several com- ters from constituents back home and These deal with flesh and blood munities. These past years, I have over and over and over again these con- human beings who are facing decisions, given my all to build and make a se- stituents tell us that the upwards of 40 who, oft times, in a household, we will cure future for my heirs. This can all percent of taxes, when we consider the see both parents working, not by be taken away from them if I should Federal, State and local taxes and choice but by necessity, as my col- die and they should have to pay 55 per- when we consider the cost of regulation league, the gentleman from Georgia, cent on the estate. Would they have to on top of that, the cost of being an points out, because one spouse is work- liquidate or sell to be able to pay the American citizen is well over 50 per- ing essentially to continue to pay and estate tax? What would happen to ev- cent of income. By no one’s definition satisfy the gaping wall of taxation. erything that I worked so hard to pro- can that be regarded as being fair. It is a very simple concept here. One vide for them? I support the estate tax Mr. Speaker, I yield to the gentleman works hard for the money one earns. reform so that not just me but all who from Georgia (Mr. KINGSTON) who has One should hang onto more of it and have worked hard and built a nest egg joined us. send less of it here to Washington, for the future generation can keep it, Mr. KINGSTON. Mr. Speaker, I think D.C., because now we find ourselves in not the government.’’ we get some of the same letters. I have the day of an overcharge. We are over- Now I say, Mr. Speaker, again, a pro- a letter from a woman in Savannah, charging for government services. found communication from a constitu- Georgia. ‘‘Dear Mr. Kingston, I re- When money hangs around the Fed- ent who understands fully the implica- cently heard you say how much taxes eral Treasury, it is kind of like cookies tions of this. I recognize that, for have increased since the 1950s. Can you in the jar in the Hayworth household. years, the idea behind an estate tax or give me those statistics again? I am a Somehow somebody gets to it. In the let us call it what it is, it is a death homemaker in Savannah, Georgia, case of the money, it is spent by bu- tax, the idea behind that, it is a class with four children and would greatly reaucrats. As the attorneys would say, envy thing, to a certain extent, where appreciate the ability of our family to there is a preponderance of physical people felt, well, if people amass too keep more of its hard-earned money. evidence to say what happens to the much, we should actually just take it Signed, Elizabeth Morris.’’ cookies in the cookie jar and who away from them and divvy it up again; The income tax burden in the 1950s, might get them from time to time. that is only fair. Well, it is not fair. as the gentleman from Arizona knows So what we again must embrace is Again, this idea of fairness, to whom is well, being on the Committee on Ways this notion of broad-based tax reform. it fair? It is not fair to this gentleman. and Means, was 5 percent. In the 1970s Despite the calls of those who would It is not fair to his family. when we were growing up, most of us in offer the politic of fear, we embrace the Another thing, if one cannot accumu- this room, it was 16 percent. Today it is policies of hope when we say that every late for oneself and for one’s heirs, for 24 percent. American who succeeds ought to have whom will one accumulate? The gov- That is just the income tax. That is the opportunity to hang on to more of ernment? Would we be expecting the not talking about the property taxes what he or she earns and send less of it people in this country to go out and and all the other incurred taxes that to the Federal Government; and under- work day in and day out, again, creat- our constituents and hard-working stand that those who have succeeded ing real value, something the govern- middle-class people have to pay. But through their investment, through ment knows very well about the actual the reality is the higher our tax bur- their risk taking, if you will, in the creation of value? Do we expect John den, the less time we have to spend marketplace, create jobs and create and Jane Q. Citizen to go out every sin- with our family, with our children im- more opportunity and help to fuel an gle day to do that, only to give it away parting values, teaching them the work economic boom. upon their death so they cannot pass it ethic, teaching them right from wrong, So that is what we champion here, on to their heirs? No, of course not. because that second income in the fam- along with our three other pillars of This is as socialistic a tax as we have ily often is going to pay for Uncle Sam policy in the 106th Congress, to in this country, and it should be done and our excesses. strengthen and protect Medicare, to away with; as well as all tax reform ef- Mr. HAYWORTH. Mr. Speaker, a improve education by empowering par- forts I think on the part of this Con- point that needs to be brought home is ents and local communities and, third- gress should move forward dramati- something borrowing from the gen- ly, to improve and bolster our national cally. tleman from Colorado who talked defense. Mr. SCHAFFER. Mr. Speaker, re- about the percentage of our gross do- Mr. SCHAFFER. Mr. Speaker, our claiming my time for one question. The mestic product that now goes to tax- new colleague, the gentleman from common misconception by the liberals ation. Though I fear, Mr. Speaker, from Colorado (Mr. TANCREDO), has been on the House floor when we debate re- time to time that is a very salient sworn in for a little less than 2 months; ductions in the death tax or the inher- point and factually correct, sometimes and I am curious, what has his con- itance tax is that this is a tax that one we need to translate that into every- stituents been telling him? Has he been only needs to be concerned about if one day language by offering other exam- hearing about the issue of taxes in the is extraordinarily wealthy. But the in- ples, and the gentleman from Georgia short time that he has been a Member heritance tax applies to anyone who has done so. of Congress? has parents and who is part of a will or I would say it this way, borrowing Mr. Speaker, I yield to the gentleman a trust or estate. It is virtually every from my other colleague from Colo- from Colorado (Mr. TANCREDO). American. March 2, 1999 CONGRESSIONAL RECORD — HOUSE H873 Mr. Speaker, does the gentleman first term who evoked memories of our At a time when the Federal Govern- from Colorado (Mr. TANCREDO) agree early colonial days when he said of the ment confiscates upwards of 40 percent with me that this is a tax that every death tax, ‘‘No taxation without res- of an average family’s income, it is al- single American ought to be concerned piration.’’ That particular observation most incomprehensible that, at the about? has stuck with me. other end of Pennsylvania Avenue, Mr. TANCREDO. Mr. Speaker, it is But, Mr. Speaker, it goes further they are conjuring up new plans for the certainly a tax that every American than that. Understand that this tax is 2000 budget to raise approximately 73 should be concerned about. Not only so oppressive and our mission as a con- new taxes, new taxes on businesses, on that, the idea that the only people who stitutional republic has gone so far farmers, ranchers, on financial institu- pay it are the wealthy, I mean, go and afield. Remember what Benjamin tions. look at the farmers of America today. Franklin wrote in Poor Richard’s Al- In the end, what it does is it takes Find me, this wealthy farmer out there manac, ‘‘There are only two certainties away the liberty and freedom and the who has wealth, as I say, yes, he has in this life: death and taxes.’’ success that is being discovered got wealth in the land, but it is just in But even Dr. Franklin with his tax throughout the country in States like the land. In order to transfer that and his ability to invent and to almost Colorado where we are seeing again wealth into true, hard, honest dollars, see into time and foretell the future, headlines like this, ‘‘Welfare Rolls he has to dispose of it or his heirs do in even Dr. Franklin would be shocked to Drop 42 Percent.’’ order to pay this tax. come back to this constitutional re- The reason those welfare rolls are So it is bogus to suggest it is Daddy public that he helped to found, and his dropping is because Colorado in this Warbucks, as the liberals and the reaction would be much like the reac- case is a State with relatively low Democrats want to suggest. That is the tion of the young man. Do you mean to State taxes with a very high regard for kind of picture they want to conjure up tell me this government taxes you a favorable and growing business cli- when we talk about eliminating the in- when you die? mate. These high taxes rob the Amer- heritance tax or the death tax. Well, it We have seen it in our districts, in ican people of opportunity. They rob is not. It is the family farmers in Kan- our States, across the country. Ener- average families from the ability, from sas and Colorado and Oklahoma and getic enterprises, businesses that are the assets necessary to do the simple throughout this land that work every not huge conglomerates but family- things in life, like raise a family and single day to put food on our tables. So owned businesses, whether on Main keep a roof over your head and put food my distinguished colleague, the gen- Street or on the ranch or on the farm, on the table. tleman from Colorado (Mr. SCHAFFER), those businesses broken apart, the as- It makes it virtually impossible for is absolutely right in that respect. sets sold, to satisfy or try to satisfy the entrepreneurs to fully captivate Mr. HAYWORTH. Mr. Speaker, if the this most egregious tax that reaches in and capture the great American spirit gentleman will yield to me, just to even to the grave to rob those who of self-sufficiency, not only to provide bring home the point again, mindful of have accomplished. for themselves through an economic the letters the gentleman brought from Mr. SCHAFFER. Mr. Speaker, the enterprise, but to provide jobs for oth- constituents, and as pleased as I am, gentleman mentioned young people, ers who need them, jobs like those that Mr. Speaker, that one of my constitu- mentioned those who are trying to es- I mentioned that used to be welfare re- ents from Winslow, Arizona, joined me tablish businesses. My colleague, the cipients who are now self-sufficient. on the stroll over, this topic of death gentleman from Colorado (Mr. That is really what is at stake. taxes came up at a town hall meeting TANCREDO), mentioned farmers and The tax debate in Congress is not last year in Winslow, Arizona. As our ranchers, that literally every American about simply cutting taxes or trying to schedule worked out, this was a noon- is affected by the inheritance taxes. win elections on the basis of tax re- time meeting. I want to share with my colleagues form. The tax relief debate is about One of the great satisfactions of this another letter that I received just a real people, about real Americans, real incredible honor of serving in the Con- few weeks ago. This was sent as a farmers and ranchers who are strug- gress of the United States is we meet Mailogram, as it was addressed to me. gling today, real business owners who so many people who want to make a It says, ‘‘The administration’s 2000 are trying to provide more jobs and difference. Two young men had gotten budget plan presented to Congress on allow for more people to escape wel- an excuse from school on their lunch February 1 imposes new taxes that will fare. It is about the children of these hour, an early dismissal, to come to make it harder for millions of Amer- families who deserve the same kind of the town hall. These two young men ican families to save for their own re- America that we all enjoy and rally had aspirations of attending one of our tirement needs and will seriously jeop- around. military academies. ardize the financial protection of fami- That is what this tax debate is about. They came, and they heard some of lies and businesses.’’ It is a very personal, humanitarian de- the seniors and other citizens in the The writer goes on, and this is a writ- bate. It is one that we need to win. We room discussing just what my col- er from Loveland, Colorado in my dis- do need to stand in the way of those leagues have pointed out, Mr. Speaker, trict, ‘‘Providing for retirement and se- people over in the executive branch of this incredible unfairness of the death curing your family’s financial security government who think this is the per- tax. Indeed, Mr. Speaker, it was remi- should not be a, quote, taxing experi- fect year to raise more taxes, new niscent of the franchise that Art ence. Americans are taking more re- taxes on the American people. Linkletter used with such great effect sponsibility for their own financial fu- Mr. Speaker, I yield to the gentleman over the years, ‘‘Kids say the darnedest tures, and they have made it clear that from Colorado (Mr. TANCREDO). things.’’ they oppose both direct and indirect Mr. TANCREDO. Mr. Speaker, it is so Here was this young man standing tax bites that jeopardize their retire- true that the perception that is held by there just at the height of his youth ment security and their ability to pro- so many people, even here in this town, and enthusiasm and wanting to do the tect their families. Congress on a bi- certainly on the other side of the aisle right thing and wanting to join the partisan basis soundly rejected a simi- and over at the White House, is that military. He stood there ramrod lar approach last year.’’ the country will actually not only sur- straight and said, ‘‘Congressman, sir, I will interject, it is true that the vive another tax increase but we can do you mean to tell me the Federal President, under the administration’s get away with it because, again, as I Government taxes you when you die?’’ budget, proposed a litany of new taxes say, times are good. Somehow this And there was laughter, just as this re- on the American people, which the Re- blanks out everything else. sponse comes. But as I reminded the publican Congress was fortunately here We assume that we can then start citizens assembled, it really was not to prevent. promising everything to everybody funny. He goes on, ‘‘And I strongly urge you again. We can come up with how many My colleague, the gentleman from to do the same this time around. hundred programs were mentioned, Colorado (Mr. SCHAFFER), was quoted Please oppose any new direct or indi- how many hundreds of billions of dol- in the Wall Street Journal during his rect taxes.’’ lars of expenditures were suggested by H874 CONGRESSIONAL RECORD — HOUSE March 2, 1999 the President in his budget? All of this, phere of doublespeak from the other temptations to ‘‘get away with it’’, with keeping a straight face and sug- end of Pennsylvania Avenue. Indeed, whatever ‘‘it’’ may be, is both galling gesting that we are not going to, quote, my colleague from Colorado, perhaps and not to be easily understood; and, in bust the budget; we are going to main- unintentionally, was describing quite the final analysis, reprehensible, be- tain an agreement. accurately the feeling of many Ameri- cause it ignores and it counterfeits the Of course, the only way that he could cans when he used the phrase ‘‘get sacred trust that citizens have placed possibly make that statement, Mr. away with it’’, an abdication of respon- in us. Speaker, the only way is because he sibility so breathtaking and shocking That is the challenge we face; not to was able to play a shell game with the not only in terms of personal conduct be facile and glib and get away with it, Social Security issue. He was able to but also in terms, Mr. Speaker, of the but to be about the business of the peo- suggest that we could take, as he says, sacred trust which we assume as con- ple; not to fly from place to place for 62 percent, the President of the United stitutional officers. campaign-like rallies, but to join with States in his State of the Union mes- Mr. Speaker, it is a wonder to see us and govern; and not to double count sage, and since then has suggested that some who come to this chamber, as did or double deal or doublespeak, but to we could take 62 percent of the ‘‘Social our President for his State of the work out legitimate differences and Security surplus,’’ apply it toward So- Union message, and stand at the po- speak as best we can with one voice to cial Security and, somehow or other, dium behind me here. I took my own confront these problems. These are the that would solve our problem; and that copious notes, and by my count the challenges we face. would allow for, of course, us to do President proposed 80 new programs, 80 Mr. SCHAFFER. Mr. Speaker, these other things. It would create other pro- new programs, in the span of 77 min- unfortunate strategies that the gen- grams. utes. And now, when our friends put a tleman has described that we typically Well, we know why, my friends, is be- sharp pencil to paper and check the see coming out of the White House are cause if we are talking about not cor- very real cost of those programs, to really emblematic of, I think, what the recting and not reforming the Social really pay for those programs we must White House realizes the American Security system, if we are talking have close to 80 new taxes or fee in- people want to see, what they want to about not actually building a firewall creases. And yet those who would tell hear, and what they intuitively know between the Social Security fund and us that they would guard the surplus, and believe, and that is the belief that the rest of the government expendi- that they somehow are true guardians a large Federal Government is inher- tures, then we can do it. of the public trust, are engaged, in ently bad for the American society. So they do go through all of these machi- b 1730 fact, in double count and doublespeak. Indeed, Mr. Speaker, we heard it in nations and smoke and mirror strate- Because what he is really suggesting this very chamber in the hour preced- gies to try to mask and conceal what it is an increase over whatever 62 percent ing this one, when those who look for is they really are pushing for and push- represents of this ‘‘surplus’’, however shortcuts to political advantage con- ing toward. much money that is. That is what he is tinue to market and play upon the pol- The bottom line is their vision for suggesting he is going to do to increase itics of fear rather than the policies of America is a larger Federal Govern- the Social Security debt. Because it is truth and hope. That is what we hear, ment that defines a society. Our vision truly debt. It is not money. Mr. Speaker, even in the wake of to- as a Republican majority is for a small- When our friends and neighbors pay day’s passage of a bipartisan resolution er Federal Government and a greater money to the government, when they recommitting this Congress to the American people. And I say a greater send in their FICA taxes, they think safety and sanctity of Social Security. American people in the context of what they are actually putting money in a We had one gentleman from Texas the budget debate in this Congress is bank. That is the thought, because it is come to this floor and, in essence, say generally all about. a fund. It is called the Social Security that Social Security was going to be Thomas Jefferson said that there will fund. Well, that is not it at all. There destroyed. How sad and how false. always be two prevailing parties in a is nothing in the fund. There are no We have a responsibility to our con- political system, the side that believes dollars in the fund. There are $750 bil- stituents who have called upon us to that we organize ourselves around a lion worth of papers stamped nonnego- represent them, to govern, because we central government structure and tiable bonds. That is the only place an have been selected by the people and there is the other side that believes instrument like that is in use in this for the people. And, oh, how I yearn for that we organize ourselves around the whole Nation. Nonnegotiable bonds. straight talk and taking a look and strength of individuals. Those two par- Well, what the President is suggest- making the tough decisions. Because as ties are alive and well today. ing is that he is going to correct this I said in this chamber earlier today, The Democrat party that the gen- by adding 62 percent of the surplus to Mr. Speaker, we cannot approach this tleman described is one that is using that debt, to those nonnegotiable as Republicans or as Democrats but as remarkable linguistic gymnastics to bonds, and take the actual revenues, Americans to solve this problem. And double count imaginary money to sug- bringing it into the general fund again yet the temptation of political advan- gest we should feel safe and secure that and creating more new programs. It is tage and the siren song of notoriety in- the government is not growing, when, a shell game. But he is masterful at it, side the beltway tends to propel others in fact, it is growing by leaps and there are no two ways about it. in these very partisan directions. bounds. The national debt continues to So I suggest to my colleagues that Let us at long last, Mr. Speaker, call grow on a year-by-year basis. we should clear up this issue and we for truth in personal conduct and in Our mission as a Republican Party is should bring to the attention of the leveling with the American people both precisely the opposite. We want to in- American public the facts regarding on matters of demeanor and policies of vest the public’s wealth in appropriate Social Security and tax reduction. We government. Is that too much to ask? ways. We believe, however, that that should, in fact, create that fire wall be- Mr. Speaker, I was saddened to hear wealth is better invested with the peo- tween the Social Security fund and the the Vice President of the United States ple who earn it. We want to shrink the general fund, and we should still move, say to the assembled press corps 1 year amount of cash that makes its way to I think quickly and dramatically, to- ago, ‘‘My legal counsel informs me Washington, D.C., thereby strengthen- ward tax reduction and reform. there is no controlling legal author- ing the amount of cash that stays in Mr. HAYWORTH. My colleague ity.’’ I think the Vice President was the pockets of the American families, makes a very, very good point. It has wrong. There is a controlling legal au- the American farmers, the American been echoed by several economists and thority. It is called the Constitution of business men and women who work several columnists. Indeed, Robert J. the United States. hard every day, who are the true indi- Samuelson in this town talks about the And, moreover, there is a compelling viduals who define what it means to be double counting. and controlling moral authority, and it an American. We have dealt so much for so long on is called the oath of office that each of In the end, we care about saving and so many topics, sadly, in an atmos- us take. And how those succumb to rescuing the Social Security System March 2, 1999 CONGRESSIONAL RECORD — HOUSE H875 and rescuing the Medicare trust fund. that, in fact, the government is not big rado’s welfare recipients have moved We care about a strong national de- enough; that, in fact, we have not paid off the rolls and into employment that fense and having world class schools enough taxes and that we need to pay her nonprofit is now seeing more and second to none. In order to do that, we more. more people who are harder to serve. can raise the resources necessary to ac- I keep thinking to myself that either So when it comes to public assistance complish these goals by focusing on I am certainly out of touch or the rest for those who are looking for employ- economic growth, not a growth in the of these people are. My colleague from ment, we are narrowing our focus to tax rate. And that is a key distinction Colorado knows, because we have spo- those who have the legitimate needs and a key difference. ken to some of the same groups, I can for some kind of assistance, whether it I notice the gentleman from Georgia go home and there is a group called the is some kind of disability or handicap is here, and I will yield the floor to Jefferson County Men’s Club and there or whatever the case is. him. is the Arapaho County Men’s Club, and It even goes beyond that. Listen to Mr. KINGSTON. I have a letter that I always think to myself when I hear this last quote I will mention. It says, somewhat ties into this, and I wanted people say things like this, that taxes I would say there is probably a short- to bring it up. It is from Mr. Jones are not high enough, that government age of entry level labor. This is from Taylor of Saint Simons Island, Geor- is not big enough, I think how would Timothy Hall, chief executive officer gia, and he just says, paraphrasing this play in front of the Jefferson for Larinden, which trains and places here, that ‘‘I was disappointed in the County Men’s Club or the Arapaho developmentally challenged people. He Republican lack of agenda during 1998. County Men’s Club? What would they says, it is easier to convince employers Are you guys going to do that again or say if I came back to them and said to hire people with disabilities. what is your agenda?’’ there are a lot of people there who Low taxes, low regulation, small gov- I can say very easily what my agenda think government is not big enough ernment in a State like Colorado is the is, and I regret that I have not been and ask them what they think. I can model that we ought to look toward here at the Federal Government. The here the whole time, so my colleagues tell my colleagues I know what they model of Colorado is putting people may have discussed it, but I call it the would say; that we are out of our back to work who are veterans, those BEST military, health care and agri- minds. And sometimes it sounds like who suffer from disabilities, those who culture: ‘‘B’’ for balancing the budget it. have been on welfare for years and and paying down the debt; ‘‘E’’ for ex- Mr. SCHAFFER. Let me once again, years and years, those who are clients cellence in education; ‘‘S’’ for saving Mr. Speaker, bring this issue to the of the Salvation Army. Charity after Social Security; ‘‘T’’ for lowering perspective of those who are not busi- charity after charity is celebrating the taxes. A strong military, a health care ness owners, who are not those who positive benefits of a strong, vibrant system that is affordable and acces- enjoy extravagant wealth, but every economy accomplished through small- sible and a safe and abundant food sup- day Americans who are struggling hard er government, lower taxation, less ply. to make ends meet. regulation and more attention to grow- Now, in that context, the gentleman Once again I use the State of Colo- mentioned stimulating the economy. ing a prosperous economy. rado as an example: A low-tax State. A Mr. Speaker, I yield to the gentleman One of the great ways to do that, of small government State. Here is an- from Arizona (Mr. HAYWORTH). course, is to pay down the debt. We pay other news article from my State that Mr. HAYWORTH. Mr. Speaker, I down the debt and then the big bear, is just a couple days old. It says, ‘‘The thank my friend, the gentleman from the big monster in the interest market, boom boosts fringe: Transients among Colorado (Mr. SCHAFFER), for yielding. in the borrowing market, the Federal many landing jobs. Colorado’s booming Mr. Speaker, I would just follow the Government, takes a smaller percent- job market has given a boost to those observation and say it is my honor to age of the interest out there. And that who historically have lived on the out- serve on the House Committee on Ways is a great way to stimulate the econ- skirts of the economy, from the home- and Means; and our good friend and omy. less veterans to the working poor. Cli- colleague, the gentleman from Florida And if we do have a strong economy, ents of the Salvation Army, the Harbor (Mr. SHAW), currently chairs the Sub- revenues to the Federal Government go Program’’, which is in downtown Den- committee on Social Security but in up and we will have a lot of money for ver, ‘‘are landing jobs above minimum the 104th Congress it was his job as expanding and strengthening our mili- wage.’’ That is according to the resi- chairman of the Subcommittee on tary, to increase the pay for our hard dent manager Mark Garramone. Here Human Resources to put in place wel- working soldiers, and, of course, to is a quote from him. He says, ‘‘As a fare reform. give the teachers in the classroom the matter of fact, they are finding a lot of Mr. Speaker and my colleagues, I educational funds that they need, and good jobs.’’ He says, ‘‘Among those jobs cannot help but remember that essen- to shore up Social Security and Medi- cited were car salesmen, chauffeur, a tially the same welfare reform package care. BEST military, health care and few work at U.S. West.’’ At the Depart- intact was passed once by this Con- agriculture. That is a very solid agen- ment of Veterans Affairs, listen to this, gress and vetoed by the President; da. here is a quote, ‘‘We placed in jobs the again by this Congress and vetoed by I know in each area of the country highest number of veterans in 1998 that the President; and finally, when it was there are different things that we can we have ever placed.’’ That according sent the third time, as we understand emphasize. Agriculture in Colorado to Greg Bittle, Chief of the VA’s Re- from press accounts, one of the Presi- will be a little different than agri- gional Office for Vocational Rehabili- dent’s political consultants used the culture in Georgia, but the fundamen- tation and Counseling. He says, ‘‘In baseball analogy, saying, Mr. Presi- tals of having a safe and abundant food fact, the booming economy tends to dent, you do not want three strikes and supply is just as important in Colorado pull people away. We are basically a you are out; sign this legislation. or Arizona as it is in Georgia. training and education program, and I appreciate the fact and indeed, Mr. Mr. SCHAFFER. Does the gentleman the economy has been so robust that Speaker, we all know from our civics from Colorado have anything else to we will have vets drop out of school to class, that we enact laws, but the add? take jobs.’’ It just goes on and on. President must execute his signature Mr. TANCREDO. Well, I would just to see those laws implemented. So we b say that I have learned a lot of things 1745 welcomed at long last his signature. in this last month and a half from my Here is another example that was This is an example of a contentious experience here in the Congress, and I mentioned in here. Laurie Harvey, Ex- challenge that was met head-on even in must tell my colleagues that one of the ecutive Director of the Center for the atmosphere of contention in that scariest realizations that I have come Women’s Employment and Education, I 104th Congress to bring about a desired to is that there is the possibility that went and visited this facility in Denver change, to now where we can measure there are, I do not know, certainly a 2 years ago. It places low-income compassion by a more accurate barom- large number, maybe a majority of the women, largely from the welfare rolls, eter by the number of people who vol- people even in this body who believe in jobs. They say that so many of Colo- untarily leave the welfare rolls in favor H876 CONGRESSIONAL RECORD — HOUSE March 2, 1999 of work; by the news that there are the case on behalf of individual Ameri- Now, the Senate and the White House fewer applicants for food stamps be- cans. ganged up on the House to kill the cause people are becoming self-suffi- Mr. Speaker, I yield to the gentleman Marriage Tax Penalty Relief Act, and I cient. from Georgia (Mr. KINGSTON) the re- think that it is ridiculous to have that Again understand, we make no pre- maining few minutes that we have left. kind of obstruction to doing something tense of ripping away the social safety Mr. DUNCAN. Mr. Speaker, will the that is common sense for the tax sys- net, but welfare reform helps prevent gentleman yield? tem. I hope this year that if we pass it that safety net from turning into a Mr. SCHAFFER. I yield to the gen- that the other body will find their hammock. That is what we have ac- tleman from Tennessee. senses and quit siding with the liberal complished on both sides of the aisle. Mr. DUNCAN. I would like to men- White House on everything and act like And that spirit, that example, should tion when the gentleman talks about conservatives and pass tax reductions. serve us well as we deal with this very the issue of tax reform and going to a Mr. SCHAFFER. In the remaining difficult question of Social Security re- simpler and fairer tax system, News- minute, I would ask the gentleman form. How do we best save it? How do week Magazine a few months ago on its from Arizona (Mr. HAYWORTH), is there we maximize opportunities for all of cover had a story, a cover story about anything he can do to dramatize the our citizens, regardless of their age or the IRS; and it said, The IRS: Lawless, difference between the Democrats and their station in life? Abusive, Out of Control. the White House and what they stand Mr. SCHAFFER. In our remaining When any major department or agen- for and the Republican majority in few minutes, I want to really talk cy of the Federal Government can be Congress and what we stand for? about the importance of communicat- described by a mainstream magazine Mr. HAYWORTH. Mr. Speaker, it is ing with Members of Congress. The like Newsweek as lawless, abusive and funny my colleague from Colorado out of control, things have gotten to a four of us who are here tonight I think should ask me that question. Because, pretty sad state. It is especially sad are very representative of the Repub- just as our good friend from Tennessee when an agency as intrusive as the In- lican majority Members who serve in pointed out in paraphrasing the words ternal Revenue Service can be accu- the House of Representatives. We rely of our President, Mr. Speaker, these rately described in that way. So I heavily on the letters and phone calls are the words of the President, if mem- think we basically should just take the from constituents, those who show up ory serves, one day, probably less than Internal Revenue Code that we have at the town meetings and find ways to 12 hours, after he outlined 80 new pro- now and junk it and start over again. I communicate with their Members of grams involving close to 80 new taxes. think about 85 or 90 percent of the Congress directly. Mr. Speaker, he said in Buffalo, New American people feel that way. Those kinds of letters, phone calls York, and I quote, speaking of the Mr. SCHAFFER. On the matter of budget surplus, ‘‘We could give it all and communications from constituents constituent input, how helpful do you really arm us, as Members, with the back to you and hope you spend it find that representing your district in right but,’’ closed quote. There, Mr. real-life examples that are necessary to Tennessee? take on the party of the large bureauc- Speaker, therein lies a major dif- Mr. DUNCAN. I find it very helpful. ference. It comes down to a question of racy, take on the White House and For those who think that we have cut those who believe that, in a year like who do you trust? The President thinks taxes too much, a few years ago we had you ought to trust him to spend your this, that higher taxes, for example, is a $90 billion tax cut spread over 5 years a good idea. It is letters from constitu- money for you. because that was the most we could get We say, if there is ever a choice be- ents that tell us and remind us every through at that time. Some of the tween Washington bureaucrats and the day that bigger government is a thing more liberal Members kicked and American people, Mr. Speaker, then we of the past. screamed about that, but that was side with the American people, be- Let me use one more example from spread over 5 years. cause, Mr. Speaker, Americans know my district. This is under the letter- That was a tax cut of slightly less best how to save, spend and invest for head of Tri-City Sprinkler and Land- than 1 percent of Federal revenues over themselves and their families. Therein scape. It is from Loveland, Colorado. It that 5-year period. Now the average lies a difference, a difference of free- says, Dear Representative Schaffer, I person pays about 40 percent of his or dom and a real contrast between the am your constituent from Loveland. As her income in taxes and another 10 per- politics of fear from those who make a business owner and grandparent, I am cent in government regulatory costs, outrageous claims about Social Secu- very concerned about the serious eco- at a minimum. So today you have one rity and our budgetary process and the nomic problems facing our country. I spouse working to support the govern- true policies of hope that we embrace feel our current income tax structure ment while the other spouse works to with lower taxes, stronger schools, a is having a very negative impact by support the family. stronger military and a real plan to taxing production, savings and invest- I know the President said in Buffalo save Social Security and Medicare. ment, the very things which can make that he could not support a tax de- Mr. SCHAFFER. Mr. Speaker, I want our economy strong. Therefore, I sup- crease because the American people to thank my Republican colleagues port replacing the income tax and the would not spend it wisely. I can say I who joined me here on the floor to- IRS with a national consumption tax think they would spend it much more night to talk about our Republican vi- such as suggested in H.R. 2001, the Na- wisely than this wasteful, inefficient sion for America. I want to thank the tional Retail Sales Tax Act. I urge you Federal Government that we have thousands of constituents who write to and your staff to look into it and co- today. our offices individually virtually on a sponsor it. Please let me know where Mr. KINGSTON. Following up on the weekly basis. Their voice does matter. you stand on this important matter. comments of the gentleman from Ten- We are here tonight to assure them I will write back to the constituent nessee (Mr. DUNCAN), it is amazing that that the Republican majority is listen- and give her my opinions and thoughts the President would say that the hard- ing. It is important for the American on that. I mention this letter and oth- working people who earn the money people to express their thoughts and ers that we have gone through tonight cannot spend it as well as some of the sentiments on whether the government just to let the American people know people here in Washington, maybe in- should continue to grow as the Presi- that this government does not belong cluding the four of us. But I can say dent would propose or whether the gov- to the President. This government does one thing. I believe people can spend ernment should be constrained in its not belong to any single Member of their money better than we can spend growth as the Republican Party pro- Congress. It does not belong to the Su- their money. poses. preme Court. It belongs to the people The tax cut that you alluded to last f just like the woman who wrote this let- year, it was an $18 billion tax cut for ter, just like the people who write all one year; $18 billion out of a $1.7 tril- ANNOUNCEMENT BY THE SPEAKER of these other letters, and we really do lion budget. It was just a slither of a PRO TEMPORE rely on their advice and their assist- slither in this huge $1.7 trillion pot, The SPEAKER pro tempore (Mr. ance and their help in helping make and it was killed by the Senate. OSE). The Chair reminds all Members March 2, 1999 CONGRESSIONAL RECORD — HOUSE H877 that it is not in order to cast reflec- activity that occurs at four times more ON RITALIN PRESCRIPTIONS tions on the Senate. frequently in boys than girls. Mr. DUNCAN. Mr. Speaker, before I f When a person has been properly di- begin with the comments that I came agnosed with ADD or ADHD and to make tonight, I would like to say RITALIN AND THE ROLE IT PLAYS Ritalin is prescribed, it has a remark- that I think the previous speaker has IN THE LIVES OF STUDENTS IN able track record of success. Often- pointed out some very important NORTHEAST OHIO times the drug is viewed as a godsend things about the prescriptions of The SPEAKER pro tempore. Under a by parents and teachers alike because Ritalin in this country. I remember a previous order of the House, the gentle- its effect is dramatic once prescribed few months ago reading in the Knox- woman from Ohio (Mrs. JONES) is rec- to people who are hyperactive or easily ville News-Sentinel that a retired DEA ognized for 5 minutes. distracted as a way to focus their official, in fact I think he was second Mrs. JONES of Ohio. Mr. Speaker, minds, calm down and improve their in command of the DEA at one time my colleague, the gentleman from attention spans. who now has retired to east Tennessee, California (Mr. OSE), I am glad to see Recently, at the urging of the Na- he wrote an article pointing out that the gentleman standing up there. He tional Institutes of Health, medical ex- our medical community was prescrib- looks wonderful. perts from around the country con- ing Ritalin at over six times the rate of Mr. Speaker, I rise today in this vened a panel discussion with doctors any other industrialized nation. I think great Chamber to talk about a report to address how Ritalin is being used in there is a serious question as to wheth- recently aired on my local NBC affili- our society. er or not that very serious drug, that ate, News Channel 3. The report high- The use of Ritalin is not only a medi- very serious controlled substance has lighted ritalin and the role this drug cal concern but it also is a big busi- been overprescribed in this country, now plays in the lives of students in ness. 1.3 million children take Ritalin and I think we need to be very, very northeast Ohio. The report raised such regularly and sales of the drug topped careful with that and make sure that it concern that the gentleman from Ohio $350 million in 1995. is not being used in cases where par- According to the Drug Enforcement (Mr. KUCINICH) and I met with Depart- ticularly small children and particu- ment of Education officials today to di- Administration, the number of pre- larly small boys might simply be a lit- scriptions for this drug has increased rect their attention to this problem tle more active or rambunctious than by over 600 percent in the last 5 years. and request an investigation into the some others. I do raise that cautionary To address this concern, manufacturers indiscriminate promotion and use of note. sent letters to doctors and pharmacists this drug and the potential harmful ef- ADMINISTRATION PROPOSED SPENDING warning them to exert greater control fects. Mr. DUNCAN. Mr. Speaker, I would over the drug. The gentleman from Ohio (Mr. also like to comment about the last No, I am not pointing fingers at the comments of the gentleman from Ari- KUCINICH) and I believe the decision to teachers or administrators because I zona (Mr. HAYWORTH) who mentioned prescribe ritalin to a child should rest know that they are one of America’s with that child’s physician and their the some 80 new programs that the greatest treasures. I am not pointing President proposed in his State of the parents. fingers at doctors or psychologists, but Oftentimes, ritalin is prescribed to Union address. The National Taxpayers there appears to be a trend in my dis- Union put out a report saying that address attention deficit disorder or at- trict, and I would guess the 11th Con- those programs if all were enacted tention deficit hyperactivity disorder. gressional District of Ohio is not would cost us $288.4 billion in the first It is widely accepted as the remedy of unique in the use of Ritalin for behav- year. Newsweek had an even more in- choice for people who suffer from this ioral purposes. brain disorder. Unfortunately, the med- Nearly half a million prescriptions teresting table a few weeks ago and ical community has not been able to were written for controlled substances had a chart which showed that if we develop a definitive test to properly di- like Ritalin in 1995 for children be- enacted all of those programs that the agnosis ADD or ADHD related behav- tween the ages of 3 and 6. The percent- President proposed, that it would lead ior. This oftentimes leads to a mis- age of children with an ADHD diag- to a $2.3 trillion shortfall in the first 15 diagnosis. nosis has jumped from 55 percent in years. We have a good economy now The report has highlighted many ex- 1989 to 75 percent in 1996. ADHD is esti- but if we do something like that and amples. One, for example, is of Pam mated to affect 3 percent to 5 percent allow at least a $2.3 trillion shortfall to Edwards whose son Romeal attended a of children aged 5 to 14 years old, or accumulate over these next 15 years, Catholic school in my district and was about 1.9 million youngsters. About 10 we could not pay the Medicare bills, we instructed to have her son use ritalin million prescriptions were written in could not pay the Social Security bills, to address his behavior problem. In the 1996. According to the IMS Health As- we could not do many of the most im- alternative, her son would not be al- sociation, 13.9 million prescriptions of portant things that the people of this lowed to return to the school the next stimulants, including Ritalin, were dis- country want us to do. year if she did not. She refused to put pensed to children during the last I rise though, Mr. Speaker, today to him on this drug because she knew the school year, an 81.2 percent increase speak on several unrelated but very root of her son’s problems resulted from 7.7 million 5 years earlier. important issues facing this Nation from outside factors instead of an ill- There is not a set guideline for diag- right at this time. First, we are bomb- diagnosed case of ADD. nosing ADD or ADHD. No studies have ing Iraq and sending troops to Kosovo without votes by the Congress to do so. b 1800 been conducted in children younger than 4 years. For example, in Chicago, We still have troops in Bosnia in 1999 I am happy to report that Romeal is one of the ways that they have begun even though the President originally doing fine in a new school and he did to deal with the issue is a public school promised that they would stay in Bos- not need Ritalin. This is a success system will address ADHD by offering nia no longer than the end of 1996. Yes, story, but there are many more teaching techniques. 1996. A few years ago, as I have men- Romeals out there whose parents Mr. Speaker, I thank the gentleman tioned before on this floor, the front might not have the insight to seek al- from Ohio (Mr. KUCINICH) for assisting page of the Washington Post had a ternatives to Ritalin. me and supporting me in this effort. story reporting that our troops in Haiti ADD or ADHD is a multiple symptom f were picking up garbage and settling disorder coupled with the fact that domestic disputes. Then about a year many children exhibit a wide range of IMPORTANT ISSUES FACING THE ago, I heard another Member of this behavior that might be attributed to NATION body say that we had our troops in Bos- ADD or ADHD. In actuality it may or The SPEAKER pro tempore (Mr. nia, among other things, giving rabies may not be that. Kids in fact will be OSE). Under the Speaker’s announced shots to dogs. Certainly none of us kids. policy of January 6, 1999, the gen- have anything against the Haitians or ADD or ADHD is defined as a persist- tleman from Tennessee (Mr. DUNCAN) is the Bosnians. We want to try to help ent pattern of inattention or hyper- recognized for 60 minutes. them, but I believe, Mr. Speaker, that H878 CONGRESSIONAL RECORD — HOUSE March 2, 1999 most Americans believe that the Hai- even feel like we are at war. It is unbe- and Japan and all other nations how tians should pick up their own garbage lievable that we are dropping bombs on much they will contribute. Right now and the Bosnians should give their own people and not even giving it a second we are carrying far too much of these rabies shots. We have spent billions thought. burdens on our shoulders alone. and billions of hard-earned tax dollars After the President’s apology last And we basically are following a CNN in recent years in Haiti, Rwanda, Bos- August was such a monumental flop, foreign policy. We seem to get involved nia and Somalia, and now in Kosovo we he then ordered bombs to be dropped on in a big way in whichever situation is are going to be spending more, trying Afghanistan and the Sudan, some peo- being given the most prominence at to settle or end ethnic or religious con- ple felt, to draw attention away from the moment on the national news. Now flicts that have gone on in many cases his personal problems. We now know we are going into Kosovo against the for hundreds of years. We have spent from national press reports that we recommendations of former Secretary several billions, and I am saying bil- bombed a medicine factory and other of State Henry Kissinger, columnist lions with a B, over the last few civilian locations. Charles Krauthammer and many, many months in Iraq bombing people that Also, we know that the President others. our leaders tell us are not our enemies. rushed into that bombing without noti- George Washington in his farewell Saddam Hussein is a ruthless, mentally fying the Joint Chiefs of Staff or even address warned us against entangling ill dictator who apparently has killed the head of the FBI who is usually no- ourselves in the affairs of other na- many people in order to stay in power. tified of actions against terrorists. tions. Dwight Eisenhower, a career I would agree with any bad thing you Also, the Sudan and Afghanistan military man, warned us against the wanted to say about Hussein. In fact, I bombings were done over the objec- military-industrial complex. voted for the bill at the end of the last tions of the Attorney General. Now Why are we doing these things? Why Congress to spend $100 million to try to most people do not even remember that are we attempting to be the world’s po- help remove him. Eight years ago I we did those bombings last August. liceman? Why are we so eager to drop voted for the original Gulf War. But at Now we are bombing once again a bombs and doing so in such a cavalier, that time Hussein had moved against country that cannot take one hostile even careless manner? another country, Kuwait, and he was or overt step against us and did not Part of it involves money, the mili- threatening others. He had what at even threaten to do so. We are making tary-industrial complex that President that time was considered to be the enemies all over this world out of peo- Eisenhower warned us about. Eisen- most powerful military in the Middle ple who want to be our friends. hower believed, and I believe, that na- East, although we now know that his We started this latest Iraqi bombing tional defense is one of the most impor- military strength had been greatly ex- on the eve of impeachment proceedings tant and most legitimate functions of aggerated or overestimated. But we in the House, once again very question- our national government. But some had to stop Hussein from moving able timing. We found out later from leaders of the military, now that most throughout the Middle East and taking U.N. weapons inspector Scott Ritter Cold War threats have diminished, are over several other countries. that the UNSCOM report had been desperately searching for military mis- Now, though, his military was almost rigged with the White House in a lame sions so that their appropriations will wiped out by the earlier war. He had attempt to try to justify the bombing. not be cut. How else can you explain been greatly weakened even further by The Christian Science Monitor, one such eagerness to send troops or to the years of economic embargoes and of our leading national newspapers, and drop bombs on countries which are no sanctions since then. Hussein did not a newspaper, I might say, that usually threat whatsoever to our national se- move against us or anyone else this supports the President, reported a few curity and where no vital U.S. interest time or even threaten to do so. We jus- days ago that there are conflicts, fight- is at stake? Those should be the key tify this bombing by alleging that Iraq ing going on right now in 46 different tests, whether our national security or had weapons or has weapons of mass locations around the world. Are we whether a vital U.S. interest is at destruction but they were weapons going to send troops to all 46? Are we stake. Certainly that is not present in that U.N. inspectors did not find. Also, going to send troops into every coun- Kosovo or many of these other places several countries have weapons of mass try? Obviously we cannot do this. It where we have gone and where we have destruction, including us and most of would cost far too many billions, and spent so many billions in recent years. our strongest allies. We cannot bomb even our wasteful Federal Government Then, too, I think we are doing it in everyone or every nation which has a does have some limits. part because of the psychology of weapon of mass destruction. Right now our young people and power and of human beings. Most men Robert Novak, the nationally syn- many others are concerned about the when they are running for President dicated columnist, called this war future of Social Security. We really do want that position more than anything against Iraq a phony war. He is correct, not know how we will pay the stagger- they have ever wanted. But I think but unfortunately it is a phony war ing medical bills of the future. At a they soon become dissatisfied with run- that is costing U.S. taxpayers billions, time when both air passenger traffic ning only the United States and then billions that we could be using for and air cargo traffic are shooting way start wanting more. They want to be many better purposes. up and all economic development is so seen as world statesmen, great leaders Former Congressman and Cabinet tied into aviation, the President’s of the world, not simply just a great Secretary Jack Kemp said this: ‘‘The budget is cutting aviation spending by leader of the U.S. alone. It seems to be bombing is wrong, it’s unjustified, and several billion by reducing the Airport human nature to always want more or it must stop. The Iraqi people have Improvement Program and eliminating something different, and this is espe- done nothing to America or Great Brit- the general fund contribution to the cially true of hard-charging, ambitious, ain to warrant the dropping of bombs FAA. Yet we are spending billions to driven people. And these desires, these in Baghdad.’’ turn our military into international ambitions are always encouraged and U.S. News & World Report said: ‘‘Dis- social workers. supported by companies which benefit plays of American military might We should try to be friends with from billions in military expenditures, often leave the rest of the world puz- every nation in the world, but we the military-industrial complex about zled, and this one was particularly should not mortgage our own future in which Eisenhower warned us. discomfiting to both the usual carpers the process. We should send advisers in b and friends. People spread around the every field to help other nations which 1815 world were left to wonder, like many want us to do that. But we cannot con- Many liberals and big-government Americans, whether this was a justified tinue sending billions and billions types, even some big-government con- attack, or just a tack, by an American every time some other nation has a se- servatives, resort to name calling and President desperate to forestall im- rious problem. Also, where there is an childish sarcasm against anyone who peachment.’’ international tragedy of some sort, we opposes spending all these billions We are basically bombing a defense- need to quickly convene a meeting and overseas. They will not discuss these less nation, and most Americans do not ask Sweden and Germany and France issues on the merits but simply dismiss March 2, 1999 CONGRESSIONAL RECORD — HOUSE H879 as isolationist anyone who speaks out the years ahead to defend against this to go through the back door and enact against any foreign adventure that Chinese threat, the same Chinese who all the Kyoto protocols in appropria- they dream up. are eating our lunch in trade to the tions bills and in various other ways Our first obligation though, Mr. tune of a $57 billion trade deficit with through regulations, we will destroy so Speaker, as the Congress of the United that country alone last year. many thousands of jobs in this country States, should be to the citizens and Nations like China at 57 billion, I and drive up prices, and once again the taxpayers of the United States. It might repeat, would be 1.4 million jobs, people that will be hurt the most will should not be to take billions and bil- 1,400,000 jobs lost from this country to be the poor and working people of this lions of their money and spend it on China last year because of that trade country. problems in Haiti, Bosnia, Kosovo, and deficit. Nations like China, like Japan, I mentioned that many of these envi- on, and on, and on. What we need are nations all over this world need access ronmental extremists are supported by foreign policies that put this Nation to our markets far more than we need some of our biggest corporations. The and its people first for a change. What theirs. We need free trade, but it needs big corporations can comply with all we need is an American-first foreign to be free in both directions, and we the rules and regulations and red tape. policy, even if it is not politically cor- have economic leverage that we have They have the money and the staff and rect or fashionable to say so. not used in recent years because we the lobbyists and the political connec- Apparently, many people accept have not put our own country first. We tions to do so. And what happens? The wasting all these billions today be- need trade policies that put America big keep getting bigger and the small cause they think our economy is and its workers first even if our Presi- and now even the medium-sized busi- stronger than it really is. Well, I might dent and the national media and multi- ness struggle to survive or go by the just say a few things about that. Levi national businesses do not agree. wayside. Strauss has just announced that it is Another example of how the Presi- When I was growing up, a poor man moving 6,000 more jobs to other coun- dent’s policy will hurt people for many could start a gas station. Now, pri- tries. Last year, that company closed years to come is the decision to lock up marily due to all the environmental its largest facility in my hometown of the largest low-sulfur coal deposit in and governmental regulatory overkill, Knoxville; and 2,200 people lost their the world in Utah, once again appar- only the wealthy or big corporations jobs. ently in return for hundreds of thou- can do it. Environmental extremists Last year was a record layoff in this sands or possibly millions in campaign destroy jobs and opportunities, drive country, a record year in this country contributions from the Riady family of up prices and in the process become the for layoffs. Personal bankruptcies are Indonesia, the owners of the second- best friends extremely big businesses at an all-time high, 1.4 million this largest low-sulfur coal deposit. Because have ever had. past year alone. Our trade deficit hit a our utilities are required to buy mostly There is a big move now to cut down record 170 billion which means conserv- low-sulfur coal, people all over this Na- on agricultural run-off or spill-off. atively, according to the economists, tion will have to pay higher utility Here again the regulations are making we lose at least 20,000 jobs per billion, bills for years because of a political de- it even harder for small farmers to sur- 3.4 million jobs, 3,400,000 jobs to other cision done in secret which had the vive while big corporate farms, agra- countries. double whammy effect of gaining huge business really, can benefit by seeing Many college graduates today cannot campaign contributions and pleasing much of their competition with small find jobs except in restaurants, and environmental extremists. farmers removed. certainly there is nothing wrong with That brings me to another but relat- Big government in the end, Mr. working in a restaurant, but you hope ed point. Environmental extremists are Speaker, has really helped primarily that people who get bachelors and mas- the new radicals, the new socialists, extremely big businesses and the bu- ters degrees from colleges can find the new leftists in this country today. reaucrats who work for the Federal something a little better than that. Many people do not realize how ex- Government, and that is really all they Our trade deficit with Japan reached treme many of them have become. have. The poor and the working people 64 billion. The deficit with China was 57 They almost always, these environ- in this country and the small business billion, 57 billion. This is the same mental extremists almost always come people and the small farmers get the China that funneled millions in cam- from wealthy or upper middle income shaft. Everyone else gets the shaft. The paign contributions to influence the backgrounds and usually have suffi- intended beneficiaries get a few crumbs last presidential election. cient wealth to insulate themselves from most programs, but more jobs The President has done several from the harm they do to the poor and would be created and prices would be things, this administration has done working people of this country. Every- lower if more government money was several things, that will be very harm- one wants clean air and clean water, left in the private sector. ful for this Nation for many years long but some of these environmental ex- after he has left office and the adminis- tremists are not satisfied that we have In fact, government money does cre- tration has left office, when the prob- the toughest clean air and clean water ate jobs, but money left in the private lems that have been caused will be laws and other tough environmental sector creates on the average about blamed on someone else. One involves laws, the toughest in the world. They two and one half times as many jobs. the Chinese. The President ordered the constantly demand more, often sup- Why? The private sector, especially sale of missile technology to the Chi- ported by large contributions from small business, is simply less wasteful nese unbelievably over the objections many of our biggest corporations. and more efficient in their spending. of the State Department, the Defense And I might say that the administra- They have to be to survive. Department and the Justice Depart- tion is trying to convince us to enter Edward Rendell, the Democratic ment. Now the Chinese have, according into the Kyoto agreement. Well, the mayor of Philadelphia, said in a con- to our intelligence reports, at least 13 Kyoto agreement is really just an at- gressional hearing a few years ago, nuclear warheads aimed at the U.S., tempt by some people that are upset quote: missiles they could not have gotten that we have only 4 percent, a little Government does not work because there here without the technology that mil- over 4 percent of the world’s popu- is no incentive for people to work hard, so lions of campaign contributions appar- lation, yet we have about 25 percent of many do not. There is no incentive for people ently got for them. Some apparently the world’s wealth, and they want do a to save money, so much of it is squandered. came from top executives of the massive transfer of that wealth to How true that statement is. Hughes Electronic Corporation, which other less developed countries. And so The easiest thing in the world, Mr. sold some of this technology to the there is something like 125 less devel- Speaker, is to spend other people’s Chinese. oped countries who do not have to par- money. Also, when it comes to politi- Now the Chinese have missiles point- ticipate and abide by the Kyoto agree- cians, usually those who proclaim their ed at Taiwan, our ally that we have a ment, but we have to. compassion the loudest usually have legal obligation to defend. We will now And if we go through with that, if the the least with their own personal have to spend billions, extra billions, in Senate was to ratify that or if we try money. H880 CONGRESSIONAL RECORD — HOUSE March 2, 1999 Talk about the efficiency of the pri- Also, our environmentalist should re- tractors and bureaucrats, so these stu- vate sector. I had the privilege of meet- alize that only capitalist free market dents would be shocked to know that ing a few days ago with the head of economies can produce the excess funds we are spending this much on them Embraer, a Brazilian company that necessary to do the good things for the each year. But we could give each of produces regional jets. He said that environment that we all want done. these students a $1,000 a month allow- when Embraer was a government cor- Environmental extremists have done ance, send them to some expensive pri- poration in late 1994, it was producing such a good job in recent years brain- vate school, and still save money, and $40,000 of product per employee. The washing young people that I bet very the young people involved would prob- company privatized in December of 1994 few even realize that we have far more ably feel like they had won the lottery. and now produces $240,000 per em- land in forests in the U.S. today than Finally, Mr. Speaker, let me spend a ployee, six times as much in just a lit- we did 50 years ago or that forests, to few minutes discussing one topic of tle over 4 years. remain healthy, some trees need to be great importance. Before I get into this When speaking of the great benefits cut. final topic, let me just give another ex- of a private, free-enterprise economy, When control of Congress changed, ample of how harmful all of this over- we should remember that private prop- and I will talk about the economy taxation and over government spending erty is one of the keys, one of the foun- again for a minute, when control of the has hurt the American people, and par- dation stones of prosperity. Today, Congress changed hands in November ticularly, American families. however, the Federal Government owns of 1994, the stock market was at 3800. Before I came to Congress I spent 71⁄2 over 30 percent of the land in this coun- Today, the Dow Jones average is al- years as a criminal court judge trying try, and State and local governments most at 9400. The economy has done felony criminal cases. About 96 or 97 and quasi-governmental units own an- well for several reasons, among which percent of those people plead guilty in other 20 percent. Approximately half are we reformed the welfare system the criminal courts throughout the the land today is in some type of gov- against two presidential vetoes and country. Then they apply for proba- ernment control, and the really worri- several million people are now contrib- tion. So I received, in that 71⁄2 years, some thing is the rapid rate at which uting and paying in rather than taking several thousand reports going into the governments at all levels are taking on out. Also, the Congress brought Fed- backgrounds of all of these defendants. even more. eral spending under control by passing The first day I was judge, Gary In addition, governments are putting a balanced budget, once again against Tulick, the chief probation counselor more and more restrictions on what three presidential vetoes, but at least for East Tennessee, told me that 98 per- private land owners can do with their we brought Federal spending under cent of the defendants in felony cases own land, taking away or putting limi- control. came from broken homes. I would read tations on a very important part of our There is a misunderstanding or over and over and over and over again freedom. They also, if they take over misimpression among some that we reports like, defendant’s father left much more land, will drive out of reach have cut Federal spending. Federal home to get pack of cigarettes and for many young Americans a big part spending has gone up each year. It is never came back. Defendant’s father of the American dream, and that is to just that instead of giving, as we rou- left home when defendant was 2 and own their own homes. Once again, tinely were, just 8 or 10 years ago giv- never returned. much of this is done or accepted in this ing 10 and 12 and 15 and 18 percent in- I know that many wonderful people misguided worship of the environment, creases to almost every department have come from broken homes, but I leading to a very great expansion of and agency, we are now giving 2 or 3 also know that, particularly with government control over our lives. percent increases. young boys, that the breakup of a Some environmental extremists even home has had an extremely harmful ef- b 1830 advocate something called the fect on many young boys. Wildlands Project, which has the goal We have Federal spending under con- I saw a report in the Washington of turning 50 percent of the United trol. Also the Federal Reserve has Times a few years ago in which two States into wilderness where it is not acted in a very conservative manner, leading criminologists had studied already designated that way. This may and we have reduced the capital gains 11,000 felony cases from around the sound good on the surface, but it would tax and stopped the trend towards country. They said the biggest single require moving millions of people out higher and higher Federal taxes. factor in serious crime, bar none, noth- of their homes and off of land that they However, Federal taxes are still far ing else was even close, was father-ab- presently own. too high. They are taking more of our sent households. How true that is. People take better care of land they GDP than at any time in the last 55 In 1950 the Federal Government was personally own than they do of prop- years since World War II. As I men- taking about 4 percent from the aver- erty that is publicly owned. Look at tioned a few minutes ago in the col- age family, and State and local govern- the big city housing projects that have loquy with some of my colleagues on ments were taking another 4 percent, had to be blown up after just 15 or 20 the Floor, today the average person, roughly. Many women had the choice years because no one felt the pride of not the wealthy but the average per- of staying at home to raise their chil- ownership, and the properties deterio- son, is paying about 40 percent of his or dren, and many families were able to rated unbelievably fast. her income in taxes of all types, Fed- stay together, because most mar- We would be better off and could sus- eral, State, and local, and at least an- riages—I saw one study which showed tain a good economy far longer if we other 10 percent in government regu- that 59 percent of all marriages break had more land in private ownership and latory costs. up in arguments over finances. That is less in public or government control. One member of the other body said the biggest single factor, disagree- Yet we are going very rapidly in the not too long ago that one spouse works ments about money. opposite direction, and our wonderful to support government while the other But today, and for many years, the environmental extremists fight the spouse works to support the family. government at all levels has been tak- Federal government giving up even one Yet, the President said in Buffalo re- ing so much money from the families acre of land. They want more and more cently, as we quoted here earlier, that of America that I think it has caused and more. we cannot give the people a tax cut be- many serious problems. Many families What an environmentalist should re- cause they would not spend it wisely. I think have not been able to stay to- alize is that the socialist and com- They would do a far better job, Mr. gether or have ended up getting in seri- munist nations have been the worst Speaker, spending it than our wasteful, ous disputes that have led to divorces polluters in the world. Their economic inefficient Federal Government would. and the breakup of families because systems did not give people incentives One example, and I could give many government at all levels has been tak- or put pressure on them to conserve today, the Federal Government spends ing so much money from them. and instead really encouraged or at about $26,000 per year per student in I believe that the best thing we could least did not prevent wasteful use of re- the Job Corps program. Most of this do to lower the incidence of serious sources. money goes to fat cat government con- crime in this country would be to March 2, 1999 CONGRESSIONAL RECORD — HOUSE H881 greatly decrease the size and cost of Poor and working people can get lower ment, the system will become even the government at all levels, so that prices and many more job opportuni- more expensive as it grows worse and the families of this country could keep ties and have much better lives in a worse. The few will get rich and the more of their own money to spend on true free market system than in any many will suffer, as with any and every their children in the ways that they other way. big government program. see fit and that they know are best for If Members do not believe that, all f them and their children. they have to do is look around the AMERICA’S BIGGEST SOCIAL Finally, Mr. Speaker, let me talk on world. I remember in the former Soviet PROBLEM: ILLEGAL NARCOTICS one last topic for a few minutes, dis- Union the leaders of the former Soviet cussing something that is of great im- Union had, before their total collapse The SPEAKER pro tempore. Under portance to everyone. That is health that they are undergoing right now, the Speaker’s announced policy of Jan- care. they had their dachas by the sea and uary 6, 1999, the gentleman from Flor- Today health care is the only thing their limousines and their special de- ida (Mr. MICA) is recognized for 60 min- all of us pay for through a third-party partment stores. Other people, which utes as the designee of the majority payer system. If we bought food was the great, great majority, 99-plus leader. through a third-party payer system, percent of the people, had to line up for Mr. MICA. Mr. Speaker, I come be- millions would be starving. If we hours to buy, say, a pound of sausage, fore the House tonight and the Amer- bought cars through a third-party or something that we run into a store ican public to talk about a problem payer system, a Yugo probably would for and take for granted as being able which I believe is our biggest social have cost us $300,000. to purchase. problem as a country, our biggest so- Before the Federal Government got Every place in the world where the cial problem as a Congress. That is the into medical care in a big way in the people have let the government get too problem of illegal narcotics and the mid sixties, medical costs were low and big, people have ended up starving. It damage it is doing to our population, flat for many years. A lot of young peo- really is pretty simple, Mr. Speaker. and particularly to our young people ple ought to look at that, and look Big government means a very small across this land. Some people in Congress or some peo- back and see how low and flat medical elite upper class, a huge underclass, ple in leadership positions would have costs were for all those years that the and almost no middle class. A very us think that the Y2K problem is the Federal Government stayed out of it. small government means a very small major problem, or that other dotting I But when the Federal Government got elite, a huge middle class, and very few and crossing T of legislation is the into it in a big way in the mid sixties, at the bottom. major problem facing Congress. But I we took what was a very minor prob- We really should pay for medical care believe that we have no more impor- lem for a very few people and turned it the same way that we pay for food. tant responsibility as legislators of into a major problem for everyone. Then it would be cheap. If we could get this Nation than to see that we do the I remember in the late seventies the government and the insurance best job possible in addressing a prob- when the liberals were saying Medicaid companies out of medical care, medical lem, an epidemic that is ravaging would save the medical system. Four costs probably would not even be 5 per- havoc, particularly among our young or five years ago the Washington Post cent of what they are. However, too people. ran a series of front page stories about many doctors and nursing home owners The statistics are mind-boggling. Medicaid. A member of the other body, and health care providers are getting Last year over 14,200 Americans lost Senator ROCKEFELLER, who I think was rich off the system the way it is today their lives because of drug-related one of the people who helped found the to get the government and the insur- deaths. Let me cite a few other statis- Medicaid system, was quoted as saying ance companies out. tics that every Member of Congress and about Medicaid, ‘‘It is a horrible sys- So since we cannot realistically do every American should be aware of, tem, a vile system, and it ought to be that, the only real hope is to go to a when they turn away from the question abolished.’’ medical savings account or medical of a drug problem, when they are given A scholar from the Brookings Insti- voucher system to get the consumer in- some other problem, smoking or Y2K tution said about it, ‘‘It is a success volved once again, to give people some or whatever the issue of the day may story of the American political system. incentives to shop around for medical be that rates in the polls. Let me talk We create a system so horrible that we care. about the hard facts of what illegal are forced to go to total reform.’’ Right now we are distorting the law narcotics are doing to us as a Nation. I was told yesterday by one of the of supply and demand, because the The overall number of past month leaders of the Tennessee legislature number of doctors is going way up but heroin users increased 378 percent from that TennCare, our replacement or re- so are the costs. We need to get at least 1993 to 1997 in this country. Between form of Medicaid, will go up 12 percent some free market incentives into the 1992 and 1997, drug-related emergency this year, and maybe as much as 15 or system, because we are headed for a room episodes nationwide increased 25 20 percent a year in future years. If it collapse within our medical system if percent, and they increased 7 percent does, we would be in a catastrophic sit- we do not. Then the people will start between 1996 and 1997. Between 1993 and uation. Third-party payer systems are demanding, if we let it collapse, they 1997, LSD emergency room incidents inevitably doomed to failure. They will will start demanding national govern- increased 142 percent; not declined, but never work. In any politicized medical ment-run health care, which is the inclined. system, those who are the best orga- worst of all worlds, as has been shown Additionally, from 1993 to 1997, our nized or most politically powerful get in country after country all over this youth aged 12 to 17 using drugs has rich, but it is a disaster for everyone world. Then we would end up with more than doubled. It has increased 120 else. shortages, waiting periods, rationing, percent. There has been a 27 percent in- In recent years we have seen some the closing of many small and rural crease between 1996 and 1997. This is a doctors, nursing home operators, big hospitals, people having to go further 1998 national household survey. home health care operators, and big and further distances for health care, a In 1998, more than three-quarters, ac- hospital chain owners get rich, but we rapid decline in the quality of care, and tually 7 percent, of our high school have turned health care into a major on and on. teens reported that drugs are sold or problem for everyone except possibly If the government had not gotten kept at their schools, an increase of 6 Bill Gates and Warren Buffett. into medical care to the extent it al- percent over 1996. In a private free market system, we ready has, we never would have had During 1997, statistically significant get much more fairness and we do not HMOs and people being kicked out of increases in heroin emergency room in- have the big winners and even bigger hospitals way too early, or denied cidents were observed in Miami, a 77 losers that we have in a politicized big treatment in the first place. percent increase; in New Orleans, a 63 government medical system. We need major reform in medical percent increase; in Phoenix, a 49 per- In fact, the main point of what I have care, Mr. Speaker, but if we give even cent increase; and in Chicago, a 47 per- been saying here tonight is just that. more government control and involve- cent increase. H882 CONGRESSIONAL RECORD — HOUSE March 2, 1999 Let me also add this statistic. Sig- stop drugs at their source. Then we gal narcotics trafficking and we pro- nificant increases in methamphet- created an Andean Strategy, eradi- vided them some information and as- amine, speed, emergency room inci- cation of crops of coca and heroin at sistance. A liberal decision out of one dents were observed in Detroit, a 233 their source. of our agencies stopped that type of as- percent increase; Seattle, a 207 percent We also tried to interdict drugs using sistance and, in turn, there was a pe- increase; Atlanta, a 151 percent in- the military, using whatever means we riod in which this shootdown policy crease; and St. Paul, Minneapolis, 110 had available, our Coast Guard, to stop was shot down by this administration, percent increase. drugs before they got into our border. and it took a concerted effort and over Mr. Speaker, we have, as a result, 1.8 And then we tried tough enforcement. a year to get that put back in place. million Americans behind bars, and the What happened in that period of We have done that. estimates are 60 to 70 percent of those time, from 1992 to 1995, is that the Clin- And, of course, they took the mili- Americans behind bars are there be- ton administration made a policy deci- tary out and cut the Coast Guard budg- cause of a drug-related offense. What is sion to cut some of those programs. ets, so we saw a flood of illegal narcot- absolutely staggering is the cost of all They cut interdiction from $2 billion to ics coming into this country. of this to the American taxpayers. Let $1.2 billion in 1995. So, they went down During the period from 1995 onward me tell the Members, from the drug 37 percent in the period from 1992 to in the country of Colombia, another czar’s office in a recent report, what 1995. administrative action did a great deal the cost is to the American taxpayers. The international programs to stop of damage. It was the policy of Con- drugs at their source, the Andean gress, and we passed laws, we passed b 1845 Strategy, stopping drugs by eradicat- appropriations, asking that assistance American taxpayers footed a $150 bil- ing the drugs and by crop substitution go to Colombia. Because of concern of lion bill for drug-related criminal and programs and other programs that stop human rights violations, because of medical costs in 1997 alone. That is drugs as they were being produced in other problems with the last adminis- more than what we set in our 1997 Fed- the fields, was cut from $633 million to tration in Colombia, the administra- eral budgets for our programs to fund $289 million in 1996, a 54 percent de- tion basically stopped getting heli- education, transportation improve- crease. copters to Colombia, getting resources ments, agriculture, energy, space and These are the figures. Let me put to Colombia, getting assistance to stop all foreign aid combined. That is the these up here. Again, a 37 percent de- the production of coca and also heroin cost to this Nation. crease in drugs interdiction budgets poppies in that country. One of the most staggering statistics, and the source country programs, the What has happened in the meantime and I have quoted this before on the international programs. These are the is an incredible flood of coca cultiva- floor of the House of Representatives, exact figures, a 53 percent decrease. tion. In fact, the subcommittee which I is that our young people, our kids from So what happened there? We had, in chair recently visited Colombia, Peru, age 12 to 15, in this population range, fact, a flood of drugs coming into this Bolivia, Mexico and Panama, and I will first-time heroin use, which has proven country. For example, with those deci- report on that in just a minute. One of to kill, deadly heroin, surged a whop- sions came some administrative deci- the things that we found that was most ping 875 percent from 1991 to 1996. sions and let me cite some of those startling was that now Colombia pro- Mr. Speaker, what concerns me as again that took place in the period of duces more cocaine than any other someone from a wonderful district in 1994 and 1995. country in the world. It formerly was a central Florida, my district runs from National Guard container searches processing center for cocaine and now Orlando to Daytona Beach, is not just using the military to help in the war is a producer. the national statistics, the national on drugs dropped from 237 in 1994 to 209 This policy, again from the 1993 to impact, the national lives that are lost, in 1995. Other National Guard workday 1995, 1996 period of the administration, but the local devastation that this drug interdictions fell from 597 in 1994 basically shut down our efforts and our problem has imposed on my rather af- to 530 in 1996. assistance to Colombia to stop illegal fluent, good economy, highly educated Drug interdiction budget and asset narcotics cultivation, so we have co- population. A wonderful placid area. cuts in the Department of Defense in caine major production there. Mr. Speaker, every time I pick up the 1995. The flight hours devoted to Additionally, we had an incredible paper, and here is the latest newspaper, counterdrug missions was decreased flood of heroin coming out of Colom- another individual, this one the latest, from 51,000 to 50,000 in one year, and bia. It is coming up through the Carib- a death of a woman, age 38, died of a also shipdays active in drug interdic- bean into Florida and it is also coming heroin overdose this weekend in cen- tion were cut from 2,268 in 1994 to 1,545 up through and transiting through tral Florida. And this is in addition to in 1995. Mexico, working with the Mexican car- another young man who died a horrible As a result, we have seen a flood of il- tels. death, the sheriff told me, in a central legal narcotics coming into the United So these are the results of a failed Florida restroom of a heroin overdose. States. Additionally, there were some policy that this administration adopt- A recent headline in my area news- policies at that time that did incred- ed some years ago. The death in our papers stated that drug overdose ible damage to us as a Nation. In addi- streets, the dramatic increase in heroin deaths exceeded homicides, and most of tion to the source country decreases, in on our streets. That cultivation is these were heroin, a very deadly drug addition to drug interdiction cuts in there for a reason. It is specifically be- which has come across our border and the activities of the military, the ad- cause of a failed policy. into our streets in record numbers. ministration first out cut the office of Now, recently I received, as chairman Now, how did we get ourselves into the drug czar and the drug czar’s budg- of the Subcommittee on Criminal Jus- this situation? Let us go back to 1993 et. tice, Drug Policy and Human Re- when the Clinton administration took The next really offensive move by the sources, a presentation by the Office of over and they had a majority in both administration was to appoint a Sur- National Drug Control Policy. The 1999 this House and the other body. What geon General who sent a message to proposed drug control strategy, and did they do? They changed our national our young people of ‘‘Just say maybe.’’ also the budget for this administration. drug policy. Additionally, what hurt us tremen- I have raised some great concerns Under the Reagan administration, dously in the effort to curtail cocaine about this budget and this strategy. and I was there, I worked as a staffer production, coca production and also This is a strategy for losing. This is not for Senator Hawkins in the 1980s, there heroin production, was the abolition a war on drugs. This is a mild effort to were many initiatives adopted by Con- and the decision by the administration eliminate some drug trafficking, some gress that tried to get a handle on the to stop a shootdown policy. We had drug production. I believe that we can national and international drug prob- provided information and assistance to expedite what is proposed in this strat- lem that at that time was facing Flor- South American countries, primarily egy. I believe there are some fun- ida and our country. What we did was Peru, Bolivia and Colombia, which damental flaws in what has been pro- a number of things. First, we tried to were engaged in trying to curtail ille- posed by the administration and this is March 2, 1999 CONGRESSIONAL RECORD — HOUSE H883 a losing strategy and a losing budget Let me give an illustration in central sance equipment and airplanes from and we certainly should have learned Florida. Some of the heroin that we that area. from the past. have coming into central Florida has So the situation in Panama is pure First of all, the most effective way to transited through Puerto Rico. Why chaos. The situation regarding even stop drugs are to eliminate drugs at through Puerto Rico? This is a new the operation of the ports, we were told their source. If one cannot grow coca, pattern in the last 5, 6 years. Because that corruption has dictated how the they cannot produce cocaine. There back in 1995, this administration and awards for control of those ports will have traditionally only been two coun- the years before that, several years be- be determined, and that the Red Chi- tries that have produced cocaine in fore that cut the Coast Guard oper- nese, in fact, will control one of those large quantities: Bolivia and Peru. ations almost 50 percent. port activities and gain that through Both of those countries, where we vis- The Coast Guard is the line of de- corrupt activities. ited and met with the presidents of fense around Puerto Rico and has kept A very scary scene, when it comes to those countries, have committed with- that secure, again, through the 1980s dealing with the Panama Canal, with in the last 2 or 3 years, working pri- and early 1990s from drugs transiting the billions of United States dollars in- marily with this new majority in Con- through there. That Guard was let vested in that area all lost. Also, from gress, to eradicate drugs at their down. Here again, an incredible error my perspective, the war on drugs, source. Very cost-effective. Very few on the part of the administration and where we are being booted out, and at dollars spent. the drug czar’s office. great cost in this budget, as I started Now, we learned through the budget The President’s strategy, if you call to say, one of the biggest items is mov- that was proposed from 1991 to 1995 how it a strategy, is to let down the funding ing that operation, which will cost the not to do things and it is amazing that for the Coast Guard for operation and taxpayers $73.5 million. I think that is this new budget by this administration maintenance, one of the most impor- just the tip of the iceberg. So those are does not address proper funding for the tant ingredients for success. how some of the dollars are being spent microherbicide program. That is a pro- Finally, properly funding U.S.-Mex- in a strategy that does not make sense. gram to eliminate drugs through a ico border security. Now if we know If you think that the administration chemical process, conducting the R&D that 60 to 70 percent of the hard drugs would want to spend more than we to deal biologically with the produc- coming into the United States are com- spent last year and would come out and tion of coca and other hard drugs such ing in through Mexico, transiting say we need to spend more resources, I as heroin and poppies. through Mexico, then we know where am not a big spender, I am one of the Did we not learn that when we cut we have a major drug transiting prob- lowest spenders in Congress, but of all Customs and interdiction and do not lem. It does not take rocket science to of the things we should be spending properly fund them that drugs come figure this out. So, again, we have an- more money on, it is this effort, wheth- from where they are grown to the next other perimeter of defense that is not er it is education and prevention and stage? Again, the President’s budget, being secured by the proposal of this treatment and interdiction, law en- the President’s strategy is lacking in administration. forcement, but actually from a total adequate funding to provide the re- What is of major concern to me is spending of $17.9 billion in last year’s sources necessary to stop drugs at that some of the money in this budget full appropriations for this effort to their next stage. And each of these in big chunks is being spent to correct stem illegal narcotics, the administra- stages I view as cost-effective frontiers mistakes and errors. One of the biggest tion drops down to $17.8 million, 109 net in this effort. mistakes and errors that we found in Once we get to the streets, once we million dollars less in spending. visiting some of the producing and In addition, if we add in the mistakes get to local enforcement, it is ex- tremely expensive and costly in lost transiting countries that our sub- to correct in Panama, we are probably lives and enforcement to try to catch committee visited was in Panama. looking at $250 million in funds less In Panama, the United States of those drugs when they are in our than we spent the year before. Addi- America is getting its clock cleaned. schools and in our communities and tionally, what concerns me is that the with our young people. There is no other way to put it. We administration talks a good line about This budget by this administration have been out-negotiated. We have lost helping our communities’ education also fails to address one of the most basically our interest in the Panama and prevention. fundamental needs, and that is that we Canal. I might say that a Republican Con- have proper intelligence, adequate in- We will be turning over, we will be gress added $195 million for the ads telligence. If I have learned anything giving the keys to the Panama Canal. I that are now being aired on television in this war on illegal drugs, it is that wanted to pull out my keys here as an for the information program that is intelligence is so important, particu- illustration. These are the keys to the being conducted by the Office of Na- larly in enforcement and interdiction Panama Canal. We will be giving them tional Drug Control Policy and and even eradication. If we know where to Panamanian officials by December matched by the private sector. the drugs are, if we know who is deal- of this year. But, additionally, the administration ing the drugs, if we have the proper in- What is scary is all of our forward played games with their proposal and telligence, we can save lives. Again we drug reconnaissance efforts are located their budget and their strategy by not can cost-effectively stop traffickers in in Panama right now as we speak. The funding some of the programs that we pursuit of their deadly profession administration is scrambling at this passed. For example, the Drug-Free purveying, again, heroin, cocaine, hour because they lost the treaty Communities Act, they came in $8 mil- methamphetamines and other hard agreements. They could not negotiate lion below our authorization and re- drugs. them. They got to the end. The whole quest. So, not spending the adequate re- thing collapsed. So if we want to do something about sources or funding for intelligence is We are turning over $10 billion in as- drugs in our communities, we have got lacking in the President’s strategy and sets, 5,000 buildings. We basically in to interdict. We have got to educate. in the drugs czar’s proposal to Con- May have to stop all of our overflights. We have got to enforce. But we have to gress. So they are scrambling now to find an- have an honest proposal on the table other location, which we asked ques- from the administration. I do not be- b 1900 tions about, for our forward reconnais- lieve that is the case. Once again, we have seen the cuts for sance in the war on drugs. I would like to turn now, to the lat- the Coast Guard that the administra- They will probably be relocated in est chapter in the war on drugs, and I tion made, and I cited some of those Ecuador and also in Aruba and that will be addressing the Congress and the just a few minutes ago, that were mis- area as they, again, are working at this Nation on a repeated basis. People may takes and will be mistakes in this point to patch together some forward get tired of hearing about it. But, budget. So they have not adequately reconnaissance operation. Not to men- again, since it has such a big impact on funded the operations of the Coast tion that we will have to relocate such our communities, I will be here talking Guard. assets as AWACS and other reconnais- about it. H884 CONGRESSIONAL RECORD — HOUSE March 2, 1999 Since the Speaker of the House has Drug Enforcement Agency. He testified Last year, 15 metric tons of heroin given me that responsibility as chair of in a recent Congressional hearing on came into the United States through the Subcommittee on Criminal Justice, the other side of the Congress, and let Mexico. We had a 27 percent increase in Drug Policy and Human Resources, I me quote, ‘‘In my lifetime, I have never heroin use in the United States be- will, again, be bringing this consist- witnessed any group of criminals that tween 1996 and 1997. So more heroin is ently to the attention of the public and has had such a terrible impact on so coming in, more heroin is being used, the Congress. many individuals and communities in and most of the heroin that we see, The latest chapter is another sad our nation,’’ Mr. Constantine said. again, is coming through Mexico or chapter and mistake. Again, I said ear- ‘‘They have infiltrated cities and towns now being produced in Mexico. lier, if we knew where 60 to 70 percent around the United States, visiting Now, we are neighbors, we are part- of the drugs were coming from, we upon these places addiction, misery, in- ners, we are friends. There are millions would do something about it. We would creased criminal activities and in- of Mexican-Americans in the United target that. Now, we know where 60 to creased homicides.’’ States who are good citizens. We have 70 percent of the drugs are. These are ‘‘There is no doubt that those indi- a long relationship of friendly trade, of not my figures. These are the adminis- viduals running these organized crimi- finance, communication, and cultural tration’s figures, the Office of Drug nal drug-trafficking syndicates today exchanges between our two countries. I Control Policy, the Office of the Chief are responsible for degrading the qual- think the United States, and the Con- DEA Administrator of the land. These ity of life not only in towns along the gress in particular, and this adminis- are, again, their figures. Southwest border of the United States, tration, have gone even overboard to We know where hard drugs, cocaine, but increasingly, cities in middle extend benefits to Mexico as a partner, heroin, methamphetamine are coming America.’’ as a friend, as an ally and a neighbor. from. They are coming from Mexico. This is what the chief law enforce- We have given probably some of the Again, the latest chapter is that, yes- ment officer of our Nation said regard- best trade benefits to Mexico as to any terday, the President of the United ing Mexico’s participation. This article country in the world. When Mexico’s pesos were faltering States, and last week he said he was further went on to state, and let me and the economy was heading down the going to do it, but he did it on the quote this, that ‘‘No major traffickers tubes a few years ago, we, as friends deadline, yesterday, March 1, he cer- were indicted in Mexico last year; drug and neighbors, went in and helped bail tified Mexico as fully cooperating with seizures dropped significantly; fewer them out. In return, we heard the gen- the United States on the war on drugs. drug laboratories were seized; total ar- tleman from Tennessee (Mr. JIMMY Let me say something about the cer- rests declined; the number of drug tification process since I helped draft DUNCAN), talk about jobs that are lost cases dropped; and seizures of drug-car- in the United States and lowered op- that with Senator Hawkins back in the rying automobiles, boats, and trucks portunity. And what has happened is mid 1980s, that law. The law is a simple also declined.’’ we have actually given up much of our law. The law says that the State De- Is this a pattern of cooperation? Is trade, much of our manufacturing to partment shall review the progress of this a pattern that deserves certifi- Mexico. every country that is involved in nar- cation so that Mexico is eligible for We just got the recent figures for cotics production and trafficking and benefits and foreign assistance of the 1998, and our trade deficit was $15.7 bil- determine whether they are fully co- United States? lion. That means more goods being sold operating with, eliminating, or helping Let me cite from another article and by Mexico in the United States, con- to reduce drug production and drug some other statistics about Mexico’s tributing to our whopping trade deficit. trafficking. performance. Again, 60 to 70 percent of So here we are good friends, we are That is what certification is. They the cocaine and heroin that come into good allies, and we ask for cooperation, must certify honestly, and the Presi- the United States come in through and what do we get? We get an unbe- dent must present honestly whether a Mexico. It is estimated that 85 percent lievable quantity and quality of hard, country is cooperating, fully cooperat- of the methamphetamine, the foreign deadly drugs coming into our country ing, those are the terms of the law, in methamphetamine comes in from Mex- from Mexico. eliminating drug production and drug ico. It is produced in Mexico. Let me again cite the statistics of trafficking. Another recent article said that Mex- the cost of drug abuse in this country. Why are they certifying? They are ico has increased heroin production by Last year, we had 14,218 Americans, certifying to make that country eligi- sixfold in the last 2 years. and this is actually last year. They ble for foreign aid, foreign assistance, b 1915 have the wrong date up here. They foreign trade benefits, and foreign fi- were killed last year at a cost of $67 nancial assistance of the United Not only are they transiting hard billion. This is the cost in lives and States. These are benefits of the United drugs, they are now becoming a signifi- Americans who will no longer see the States, again, in trade and finance and cant producer of heroin from that light of day. And if we calculate 60 to foreign aid. So if they are fully cooper- country. Chemical precursor laws are 70 percent of the hard narcotics coming ating, they are eligible for foreign aid not being enforced in Mexico. Mexican into the United States, we can figure and foreign assistance. heroin seized in the United States be- that we have 8,000 or 9,000 Americans It is a simple law. The law has been tween 1995 and 1996 quadrupled. dying from drugs that came in through convoluted. The law has not been prop- Now, another significant thing, and Mexico. erly interpreted by this administra- every American should listen to this, I am not the only one that questions tion. It certainly has not been applied and every young person who is listen- the certification of Mexico, and this appropriately by this President. ing should listen to this, the purity of should not be a partisan question. Let The President ironically went to the heroin coming into the United me, if I may, read a quote from the mi- Mexico and met with President Zedillo States from Mexico and from these nority leader of the House of Rep- several weeks ago. He said Mexico other countries in the last 2 years has resentatives. ‘‘After reviewing the past should not be penalized for having the jumped from a purity level of 7 to 20 year’s record, I am compelled to dis- courage to confront its problems. Now, percent to 50 to 76 percent. That is why agree with the President’s decision to that is a new Clinton-speak. we are seeing so many deaths. That is certify Mexico as fully cooperating What are the facts about coopera- why we are seeing the destruction of so with our government in the fight tion, full cooperation? What is the pat- many lives, because this is deadly her- against drugs.’’ And that is the gen- tern of conduct of officials there in try- oin. These are deadly drugs with high tleman from Missouri (Mr. GEPHARDT), ing to stop production and stop traf- purity and high potency coming into who said that in a quote last Saturday ficking. the United States. And any time a in the Dallas Morning News. So, again, Let me quote, if I may, the DEA Ad- young person or anyone else abuses there is bipartisan concern about what ministrator Tom Constantine who has these drugs and mixes it with anything is happening with Mexico. great courage, an official of this ad- else, they risk death and they risk de- Why that concern? The statistics, ministration, in charge of our Federal stroying their lives. again, speak for themselves. March 2, 1999 CONGRESSIONAL RECORD — HOUSE H885 Mexican drug seizures for opium from know that we must restore a few dol- of those who hope to have any future in 1997 to 1998, a 56 percent reduction in lars into the programs that are most this country, our young people. drug seizures. Is this fully cooperating effective, the most cost effective. Stop- f to stop drugs at their source or as they ping drugs at their source, where they INTRODUCING H.R. 948, THE DEBT transit through that country? are grown, the crop eradication pro- DOWNPAYMENT ACT Cocaine, a 35 percent reduction in grams, we have now seen are so effec- seizures in the period from 1997 to 1998. tive. And substitution programs in Bo- The SPEAKER pro tempore (Mr. And if we want to look at meth- livia and Peru we know are stopping BILBRAY). Under the Speaker’s an- amphetamine, how it is affecting some production, they are stopping cultiva- nounced policy of January 6, 1999, the of the heartland of America, about 85 tion and providing alternative develop- gentleman from Kansas (Mr. MORAN) is percent of the methamphetamines in ment for people in those regions so recognized for 60 minutes. Minnesota is smuggled from Mexico. they do not go back to producing the Mr. MORAN of Kansas. Mr. Speaker, And this is the source, the Minneapolis basis for hard drugs. I would like to bring to the attention Star Tribune, Sunday September 27th We know we have to work with Presi- of my colleagues in Congress a letter I of last year. Again, hard drugs coming dent Pastrana, the new president in Co- received today. It is a letter from Mr. in through Mexico; Mexico certified by lombia. We must get him the resources and Mrs. Alan Paul of Ellsworth, Kan- this administration. to eradicate the hectares of poppy that sas. The Pauls write to suggest that Finally, the DEA administrator, Tom have grown while the administration Congress use its good sense and to do Constantine, again questioned what stopped equipment and resources from what is best for the country. this administration is doing and talked reaching that region. We know we Mr. Paul specifically writes, ‘‘Comes about Mexico. He said, ‘‘The truly sig- must do that. now a budget surplus. You know and I nificant principals have not been ar- We must get a handle on the situa- know that the ‘surplus’ can be what we rested and appear to be immune from tion in Mexico. Mexico is losing con- want it to be depending on how we any law enforcement effort.’’ So this trol of its Nation. The Baja peninsula cook the books. Fact is, without Social administration has certified a country is now controlled by drug lords. Iron- Security, there is no surplus. Suddenly, as fully cooperating that, again, is ically, where the President met, in Democrats see new programs we can- dealing in death and destruction at Merida, the Yucatan peninsula is now not get along without, Republicans get every level of our effort to eradicate il- controlled by the drug lords; and other those tax cut dollar signs in their eyes, legal narcotics from coming into this areas, regions and states of Mexico are and our collective brains get all country. totally controlled by narco-terrorists mushy. I have a revolutionary idea,’’ Now, what is my role? Again, I chair who are raining destruction, who have Mr. Paul writes. ‘‘Let’s do nothing. No the House Subcommittee on Criminal gone from corruption to terrorist in- new programs, no tax cuts, nothing. Justice, Drug Policy and Human Re- timidation of people in that country. Let the surplus reduce the debt, there- sources of the Committee on Govern- I will say that there are people at the by reducing the annual interest pay- ment Reform. Today I join my col- top, President Zedillo, a brave attorney ments out of the budget and thereby league, the gentleman from Alabama general who we met with, that are try- bolstering Social Security.’’ (Mr. BACHUS), who introduced a resolu- ing their best, but I am concerned that Mr. Paul is right. Mr. Speaker, today tion to decertify Mexico. I did not sign they are about to lose control of their I introduced the Debt Downpayment on that resolution, although I now sup- nation to narco-terrorists. So we must Act, legislation that will establish a port that resolution because of the evi- find a solution. We must find some way plan for paying down our national debt. dence I have found. to hold their feet to the fire, to aid While many in Washington celebrate However, the Speaker has asked me them, as good neighbors. the idea that we have balanced the and other chair members of the major- We must reach across the aisle when books, Americans, and especially Kan- ity to conduct a thorough review of the the minority leader of the House says sans, have not forgotten that our na- drug policy of the Congress, the drug that what the President has done is not tional debt stands at $5.6 trillion. That policy of the Nation and also of the correct relating to Mexico, and we is over $20,000 for every American. certification and decertification of must find a solution that is correct. We Twenty thousand dollars per person is Mexico and other countries that are cannot afford to let this go on. We can- not balanced, and using the Social Se- dealing in illegal narcotics. I, as chair- not fill our jails with any more Ameri- curity Trust Fund to mask the true ex- man, intend to conduct that review to cans. We cannot subsidize the quarter tent of the debt is not balanced either. see if drug decertification is the an- of a trillion dollar loss to our economy, Debt is certainly not a glamorous swer, to see what other mechanisms we not to mention the destroyed lives of issue in Washington. It is much more can enact to hold Mexico’s feet to the our young people and other Americans exciting to talk about new programs fire and other nations who deal in ille- who could have been so productive. that our surpluses could fund. In each gal narcotics and do not make an effort So that is our task. It is an impor- of our districts there are great needs. to fully cooperate and yet receive bene- tant task. It is, again, I believe the big- In Kansas, all of our major industries fits from the United States Govern- gest social problem facing this Nation. face record low prices. Wheat, oil, hogs ment. So that will be my task and my Stop and think if we could eliminate and cattle prices are wiping out family responsibility to work with others. 60 percent of the crime. Stop and think farmers, ranchers and small oil produc- We launch that investigation, that if we could eliminate 60 to 70 percent of ers. review and that oversight process to- those deaths. Stop and think if we b morrow. One of the subcommittees of could have more productive citizens 1930 the Committee on International Rela- rather than people strung out on drugs, Our hospitals are struggling to meet tions will begin tomorrow looking at ruining again their lives and their the needs of an aging and rural popu- the drug policy issue in Latin America. loved ones’ lives, of what we could do lation. I rise this evening not to sug- We know, again, that almost all of the in this Nation. gest that we should ignore the pressing heroin coming into the United States, So I believe it is an important task. needs of the American people but to re- the huge quantities of heroin, comes I do not plan to let up for a minute. I mind Members of Congress that as we from Colombia and is also produced in do not have the answers at this point, meet these needs we must continue to Mexico and transits to the United but we will review every possible solu- make the difficult choices that can States. We know that cocaine is pro- tion. We extend our hand of coopera- help us reduce our national debt. duced in Peru and coca in Bolivia, and tion across the aisle to our colleagues Mr. Speaker, despite the claims, we now a majority of cocaine in Colombia, and to anyone who is interested, who do not have surpluses as far as the eye and that also is transited through Mex- wants to come forward and help us can see. In fact, we have a very short ico. with a problem that we must address, window of time where demographics So we know where the problem is. that we must resolve in the best inter- and a strong national economy will What we do not know are the solutions est of the Congress, in the best interest allow us to pay down a portion of our on how to get a handle on it. We do of our Nation, and in the best interest national debt. H886 CONGRESSIONAL RECORD — HOUSE March 2, 1999 The Congressional Budget Office, the tional debt. With the right decisions The motion was agreed to; accord- General Accounting Office, the chair- today, we can strengthen economic ingly (at 7 o’clock and 39 minutes man of the Federal Reserve Board, Dr. growth into the next generation, but if p.m.), the House adjourned until Greenspan, have all warned us repeat- we fail we could see an expansion of the Wednesday, March 3, 1999, at 10 a.m. edly that the good times will not last size and scope of government and a f forever. Assuming we continue with debt burden that lowers the standard of our current economic growth, deficits living for every American. I urge each RULES AND REPORTS SUBMITTED are still expected to return in the near of us to make the necessary commit- PURSUANT TO THE CONGRES- future. ment and seize this historic oppor- SIONAL REVIEW ACT Mr. Speaker, the chart shows where tunity to do the right thing for our- Pursuant to 5 U.S.C. 801(d), executive we are today in 1998, and we are headed selves, our children and our grand- communications [final rules] submit- on the right path but, lo and behold, children. ted to the House pursuant to 5 U.S.C. doing nothing still sends us back and Mr. Paul’s letter concludes, ‘‘And 801(a)(1) during the period of June 18, in 2040 the projected debt levels are two maybe, Jerry, just maybe, if you pull 1998 through January 6, 1999, shall be times our gross national product. off this miraculous feat, God will for- treated as though received on March 2, Those are not good signs. This is the give us all for the terrible sins we have 1999. Original dates of transmittal, window of opportunity for us to do committed against our future genera- numberings, and referrals to commit- something right, and we cannot afford tions.’’ tee of those executive communications to let this chance pass us by. f The legislation I have introduced is remain as indicated in the Executive simple. If Congress does nothing to LEAVE OF ABSENCE Communication section of the relevant CONGRESSIONAL RECORDS of the 105th botch this opportunity, the amount of By unanimous consent, leave of ab- Congress. our publicly-held debt is expected to be sence was granted to: reduced by $2.4 trillion by 2009. This Mr. EVANS (at the request of Mr. GEP- f bill simply locks in today’s once in a HARDT), for today, on account of family EXECUTIVE COMMUNICATIONS, lifetime opportunity to pay down the illness. ETC. debt by establishing gradually reduced Mr. BUYER (at the request of Mr. debt limits each year. Doing so pro- ARMEY), for today, on account of ill- Under clause 8 of rule XII, executive vides an average annual down payment ness. communications were taken from the on the debt of $240 billion each year for Mr. MCCOLLUM (at the request of Mr. Speaker’s table and referred as follows: the next 10 years and requires no new ARMEY), for today and the balance of 792. A letter from the Acting Adminis- spending cuts. the week, on account of family medical trator, Department of Agriculture, transmit- I urge all my colleagues to consider reasons. ting the Department’s final rule—Sugar to the benefits of paying down the debt. Ms. GRANGER (at the request of Mr. be Imported and Re-exported in Refined Today, nearly 15 percent of the Federal ARMEY), for today and the balance of Form or in Sugar Containing Products, or budget goes to make interest payments the week, on account of illness. Used for the Production of Polyhydric Alco- hol (RIN: 0551–AA39) received February 22, Mr. EVERETT (at the request of Mr. on the national debt. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. Speaker, 15 percent of our budget ARMEY), for today and the balance of Committee on Agriculture. goes to pay interest on the national the week, on account of illness. 793. A letter from the Under Secretary for debt. That is almost as much as na- f Acquisition and Technology, Department of tional defense, almost as much as So- Defense, transmitting A report identifying cial Security, and more than income SPECIAL ORDERS GRANTED the percentage of funds that were expended security or Medicare. It is a huge por- By unanimous consent, permission to during the preceding fiscal year for perform- tion of the problem we face each year. address the House, following the legis- ance of depot-level maintenance and repair The budget today looks too much lative program and any special orders workloads, pursuant to Public Law 105—85 like bad credit card spending. We pay heretofore entered, was granted to: section 358(e) (111 stat. 1696); to the Commit- only the minimum amount each (The following Members (at the re- tee on Armed Services. 794. A letter from the Director, Defense month. We spend a hefty sum on inter- quest of Mr. PALLONE) to revise and ex- Procurement, Department of Defense, trans- est and we never establish a plan to tend their remarks and include extra- mitting the Department’s final rule—Defense pay down the principal. neous material:) Federal Acquisition Regulation Supplement; My bill would save an estimated $730 Ms. NORTON, for 5 minutes, today. Television-Audio Support Activity [DFARS billion in interest payments over the Mr. GREEN of Texas, for 5 minutes, Case 98–D008] received February 22, 1999, pur- next 10 years. That is good for the Fed- today. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- eral budget and it is good for the econ- Mr. FORD, for 5 minutes, today. tee on Armed Services. omy. We can lower interest rates for Mr. PALLONE, for 5 minutes, today. 795. A letter from the Director, Defense America’s car loans, our mortgages, Ms. WOOLSEY, for 5 minutes, today. Procurement, Department of Defense, trans- mitting the Department’s final rule—Defense our student loans and our farm debt (The following Members (at the re- quest of Mr. FOSELLA) to revise and ex- Federal Acquisition Regulations Supple- and free up 11 percent of the budget for ment; Specifications and Standards Requisi- tax cuts or other important priorities. tend their remarks and include extra- neous material:) tion [DFARS Case 98–D022] received Feb- Foremost, reducing our debt ruary 10, 1999, pursuant to 5 U.S.C. Mr. DIAZ-BALART, for 5 minutes each, strengthens our ability to meet our ob- 801(a)(1)(A); to the Committee on Armed ligations for Social Security. In 2013, today and March 3. Services. Mr. SCARBOROUGH, for 5 minutes, just 14 years from now, as the baby- 796. A letter from the Director, Defense today. boomers retire, payroll taxes are ex- Procurement, Department of Defense, trans- Mr. WOLF, for 5 minutes, today. pected to be insufficient to meet the mitting the Department’s final rule—Defense Mr. TANCREDO, for 5 minutes, today. Federal Acquisition Regulations Supple- promised Social Security benefits. Con- Ms. ROS-LEHTINEN, for 5 minutes, ment; Flexible Progress Payments [DFARS gress will either need to raise taxes or today. Case 98–D400] received February 10, 1999, pur- tap into general revenue. By reducing Mr. HAYES, for 5 minutes, on March 4. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- the debt, we can do something today (The following Member (at her own tee on Armed Services. that makes it much easier to meet the request) to revise and extend her re- 797. A letter from the Director, Defense needs of the next generation’s retire- marks and include extraneous mate- Procurement, Department of Defense, trans- ment. rial:) mitting the Department’s final rule—Defense Federal Acquisition Regulation Supplement; This legislation also removes Social Mrs. JONES of Ohio for 5 minutes Security trust fund revenues from all People’s Republic of China [DFARS Case 98– today. D305] received February 10, 1999, pursuant to calculations of the surplus. We must be f 5 U.S.C. 801(a)(1)(A); to the Committee on honest with ourselves and with the ADJOURNMENT Armed Services. American people. 798. A letter from the Director, Defense H.R. 948 offers a simple, straight- Mr. MORAN of Kansas. Mr. Speaker, Procurement, Department of Defense, trans- forward plan for paying down our na- I move that the House do now adjourn. mitting the Department’s final rule—Defense March 2, 1999 CONGRESSIONAL RECORD — HOUSE H887 Federal Acquisition Regulation Supplement; Food and Drug Administration, transmitting ting an annual report on actions taken in re- Singapore Accession to Government Pro- the Administration’s final rule—Foods and spect to the New England fishing capacity curement Agreement [DFARS Case 98–D029] Drugs; Technical Amendments; Correction— reduction initiative; to the Committee on received February 10, 1999, pursuant to 5 received February 22, 1999, pursuant to 5 Resources. U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 801(a)(1)(A); to the Committee on 822. A letter from the Acting Director, Of- Armed Services. Commerce. fice of Sustainable Fisheries, National Oce- 799. A letter from the Alternate OSD Fed- 809. A communication from the President anic and Atmospheric Administration, trans- eral Register Liaison Officer, Department of of the United States, transmitting a supple- mitting the Administration’s final rule— Defense, transmitting the Department’s final ment report about the continuing deploy- Fisheries of the Exclusive Economic Zone rule—Civilian Health and Medical Program ment of U.S. military personnel in Kenya; Off Alaska; Pollock by Vessels Catching Pol- of the Uniformed Services (CHAMPUS); Indi- (H. Doc. No. 106—33); to the Committee on lock for Processing by the Mothership Com- vidual Case Management [DoD 6010.8–R] International Relations and ordered to be ponent in the Bering Sea subarea of the Ber- (RIN: 0720–AA30) received February 10, 1999, printed. ing Sea and Aleutian Islands management pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 810. A letter from the Managing Director area [Docket No. 981222313–8320–02; I.D. mittee on Armed Services. for Administration, Overseas Private Invest- 020999B] received February 22, 1999, pursuant 800. A letter from the Assistant to the ment Corporation, transmitting the Corpora- to 5 U.S.C. 801(a)(1)(A); to the Committee on Board, Board of Governors of the Federal Re- tion’s final rule— Production of nonpublic Resources. serve System, transmitting the System’s records and testimony of OPIC employees in 823. A letter from the Director, Office of final rule—Credit by Brokers and Dealers; legal proceedings (RIN: 3420–AA02) received Sustainable Fisheries, National Oceanic and List of Foreign Margin Stocks [Regulation February 16, 1999, pursuant to 5 U.S.C. Atmospheric Administration, transmitting T] received February 18, 1999, pursuant to 5 801(a)(1)(A); to the Committee on Inter- the Administration’s final rule—Fisheries of U.S.C. 801(a)(1)(A); to the Committee on national Relations. the Exclusive Economic Zone Off Alaska; Banking and Financial Services. 811. A letter from the Director, Congres- Vessels Greater than 99 feet LOA Catching 801. A letter from the Assistant General sional Budget Office, transmitting notifica- Pollock for Processing by the Inshore Com- Counsel for Regulations, Department of Edu- tion that the Congressional Budget Office ponent in the Bering Sea [Docket No. cation, transmitting the Department’s final has waived the deduction-of-pay requirement 981222313–8320–02; I.D. 021199A] received Feb- rule—Student Assistance General Provi- for a reemployed annuitant, pursuant to ruary 22, 1999, pursuant to 5 U.S.C. sions—received February 22, 1998, pursuant Public Law 102—190; to the Committee on 801(a)(1)(A); to the Committee on Resources. to 5 U.S.C. 801(a)(1)(A); to the Committee on Government Reform. 824. A letter from the Chief Justice of the Education and the Workforce. 812. A letter from the Chairman, Federal Supreme Court of the United States, trans- 802. A letter from the Deputy Executive Deposit Insurance Corporation, transmitting mitting a copy of the Report of the Proceed- Secretary to the Department, Health and the 1999 Annual Performance Plan, pursuant ings of the Judicial Conference of the United Human Services, transmitting the Depart- to Public Law 103—62; to the Committee on States, held in Washington D.C., on Septem- ment’s final rule—Head Start Program (RIN: Government Reform. ber 15, 1998, pursuant to 28 U.S.C. 331; to the 0970—AB31) received February 22, 1999, pursu- 813. A letter from the Comptroller General, Committee on the Judiciary. ant to 5 U.S.C. 801(a)(1)(A); to the Committee General Accounting Office, transmitting a 825. A letter from the Director, Policy Di- on Education and the Workforce. rectives and Instructions Branch, Immigra- 803. A letter from the Director, Office of monthly listing of new investigations, au- Regulatory Management and Information, dits, and evaluations; to the Committee on tion and Naturalization Service, transmit- Environmental Protection Agency, transmit- Government Reform. ting the Service’s final rule—Nonimmigrant ting the Agency’s final rule—Approval and 814. A letter from the Office of Inspector Visa Exemption for Certain Nationals of the Promulgation of Implementation Plans; General, National Science Foundation, British Virgin Islands Entering the United Michigan: Correction [MI67–02–7275; FRL– transmitting the semiannual report of the States Through St. THOMAS, United States 6302–3] received February 11, 1999, pursuant National Science Foundation for September Virgin Islands [INS No. 1956–98] (RIN: 1115– to 5 U.S.C. 801(a)(1)(A); to the Committee on 1998, pursuant to 5 U.S.C. app. (Insp. Gen. AF28) received February 22, 1999, pursuant to Commerce. Act) section 5(b); to the Committee on Gov- 5 U.S.C. 801(a)(1)(A); to the Committee on the 804. A letter from the Director, Office of ernment Reform. Judiciary. Regulatory Management and Information, 815. A letter from the Chairman, National 826. A letter from the Director, Policy Di- Environmental Protection Agency, transmit- Transportation Safety Board, transmitting rectives and Instructions Branch, Immigra- ting the Agency’s final rule—Wyoming: the report pursuant to the Federal Man- tion and Naturalization Service, transmit- Final Authorization of State Hazardous agers’ Financial Integrity Act, pursuant to ting the Service’s final rule—Exceptions to Waste Management Program Revision [FRL– 31 U.S.C. 3512(c)(3); to the Committee on the Educational Requirements for Natu- 6302–1] received February 11, 1999, pursuant Government Reform. ralization for Certain Applicants [INS No. to 5 U.S.C. 801(a)(1)(A); to the Committee on 816. A letter from the Director, Office of 1702–96] (RIN: 1115–AE02) received February Commerce. Management and Budget, transmitting the 22, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to 805. A letter from the Director, Office of performance plan for fiscal year 2000; to the the Committee on the Judiciary. Regulatory Managment and Information, Committee on Government Reform. 827. A letter from the General Counsel, De- Environmental Protection Agency, transmit- 817. A letter from the Secretary of Trans- partment of Transportation, transmitting ting the Agency’s final rule—National Emis- portation, transmitting notification of a va- the Department’s final rule—Safety Zone; sion Standards for Hazardous Air Pollutants cancy where an appointment is required for Santa Barbara Channel, CA [COTP Los Ange- Emissions: Group I Polymers and Resins and the Department of Transportation; to the les-Long Beach, CA; 98–012] (RIN: 2115–AA97) Group IV Polymers and Resins and Stand- Committee on Government Reform. received February 22, 1999, pursuant to 5 ards of Performance for Volatile Organic 818. A letter from the Acting Assistant U.S.C. 801(a)(1)(A); to the Committee on Compound (VOC) Emissions from the Poly- Secretary, Land and Minerals Management, Transportation and Infrastructure. mer Manufacturing Industry [AD-FRL–6301– Department of the Interior, transmitting no- 828. A letter from the General Counsel, De- 6] (RIN: 2060–AH–47) received February 11, tice on leasing systems for the Central Gulf partment of Transportation, transmitting 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the of Mexico, Sale 172, scheduled to be held in the Department’s final rule—Drawbridge Op- Committee on Commerce. March 1999, pursuant to 43 U.S.C. 1337(a)(8); eration Regulation; Chef Menteur Pass, LA 806. A letter from the Office of Regulatory to the Committee on Resources. [CGD8–96–053] (RIN: 2115–AE47) received Feb- Management and Information, Environ- 819. A letter from the Director, Office of ruary 22, 1999, pursuant to 5 U.S.C. mental Protection Agency, transmitting the Surface Mining Reclamation and Enforce- 801(a)(1)(A); to the Committee on Transpor- Agency’s final rule— Approval and Promul- ment, Department of the Interior, transmit- tation and Infrastructure. gation of Air Quality Implementation Plans; ting the Department’s final rule—Alaska 829. A letter from the General Counsel, De- District of Columbia; Reasonably Available Regulatory Program [AK–007–FOR, Amend- partment of Transportation, transmitting Control Technology for Oxides of Nitrogen ment No. VII] received February 22, 1999, the Department’s final rule—Safety Zone: [DC017–2013a; FRL–6234–6] received February pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Shlofmitz BatMitzvah Fireworks, Hudson 18, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to mittee on Resources. River, Manhattan, New York [CGD01–99–001] the Committee on Commerce. 820. A letter from the Director, Office of (RIN: 2115–AA97) received February 22, 1999, 807. A letter from the Director, Regula- Surface Mining Reclamation and Enforce- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tions Policy and Management Staff, FDA, ment, Department of the Interior, transmit- mittee on Transportation and Infrastruc- Food and Drug Administration, transmitting ting the Department’s final rule—Abandoned ture. the Administration’s final rule—Standards Mine Land (AML) Reclamation Program; En- 830. A letter from the General Counsel, De- for Animal Food and Food Additives in hancing AML Reclamation (RIN: 1029–AB89) partment of Transportation, transmitting Standardized Animal Food; Correction received February 22, 1999, pursuant to 5 the Department’s final rule—Drawbridge Op- [Docket No. 95N–0313] received February 22, U.S.C. 801(a)(1)(A); to the Committee on Re- eration Regulation; Back Bay of Biloxi, MS 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the sources. [CGD8–96–049] (RIN: 2115–AE47) received Feb- Committee on Commerce. 821. A letter from the Director, National ruary 22, 1999, pursuant to 5 U.S.C. 808. A letter from the Director, Regula- Marine Fisheries Service, National Oceanic 801(a)(1)(A); to the Committee on Transpor- tions Policy and Management Staff, FDA, and Atmospheric Administration, transmit- tation and Infrastructure. H888 CONGRESSIONAL RECORD — HOUSE March 2, 1999 831. A letter from the General Counsel, De- transmitting notification of the intent to ob- H.R. 4. Referral to the Committee on Inter- partment of Transportation, transmitting ligate Fiscal Year 1999 SEED funds by the national Relations extended for a period end- the Department’s final rule—Fees for Serv- the United States Information Agency; joint- ing not later than March 2, 1999. ly to the Committees on International Rela- ices Performed in Connection with Motor f Carrier Registration and Insurance (RIN: tions and Appropriations. 2125–AE24) received February 22, 1999, pursu- 843. A letter from the Assistant Secretary, PUBLIC BILLS AND RESOLUTIONS ant to 5 U.S.C. 801(a)(1)(A); to the Committee Department of State, transmitting notifica- on Transportation and Infrastructure. tion of the intent to obligate Fiscal Year Under clause 2 of rule XII, public 832. A letter from the General Counsel, De- 1999 SEED funds by the Department of State; bills and resolutions were introduced partment of Transportation, transmitting jointly to the Committees on International and severally referred, as follows: the Department’s final rule—Airworthiness Relations and Appropriations. 844. A letter from the Deputy Executive By Mr. KANJORSKI: Directives; Boeing Model 747 Series Air- H.R. 891. A bill to authorize certain States planes [Docket No. 98–NM–144–AD; Amend- Secretary to the Department, Department of Health and Human Services, transmitting to prohibit the importation of solid waste ment 39–11025; AD 99–04–01] (RIN: 2120–AA64) from other States, and for other purposes; to received February 22, 1999, pursuant to 5 the Department’s final rule—Medicare Pro- gram; Changes to the MedicareChoice Pro- the Committee on Commerce. U.S.C. 801(a)(1)(A); to the Committee on gram [HCFA–1030–F] (RIN: 0938–AI29) re- By Mr. FORBES: Transportation and Infrastructure. H.R. 892. A bill to renew education in this 833. A letter from the General Counsel, De- ceived February 22, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); jointly to the Committees on country by providing funds for school ren- partment of Transportation, transmitting Ways and Means and Commerce. ovation and construction, scholarships that the Department’s final rule—Amendment of 845. A letter from the Secretary of Health allow parents choice in education, and tax Class D Airspace; Hunter Army Airfield and Human Services, transmitting a report incentives; to the Committee on Education (AAF) [Airspace Docket No. 99–ASO–2] re- on the schedule for the development of a pro- and the Workforce, and in addition to the ceived February 22, 1999, pursuant to 5 U.S.C. spective payment system (PPS) for home Committee on Ways and Means, for a period 801(a)(1)(A); to the Committee on Transpor- health services furnished under the Medicare to be subsequently determined by the Speak- tation and Infrastructure. program; jointly to the Committees on Ways er, in each case for consideration of such pro- 834. A letter from the Chairman, Surface and Means and Commerce. visions as fall within the jurisdiction of the Transportation Board, transmitting the f committee concerned. Board’s final rule—Regulations Governing By Mr. FORBES: Fees For Services Performed In Connection REPORTS OF COMMITTEES ON H.R. 893. A bill to provide that the Na- With Licensing and Related Services—1999 PUBLIC BILLS AND RESOLUTIONS tional Assessment Governing Board has the Update— received February 17, 1999, pursu- exclusive authority over all policies, direc- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Under clause 2 of rule XIII, reports of tion, and guidelines for establishing and im- on Transportation and Infrastructure. committees were delivered to the Clerk plementing certain voluntary national tests; 835. A letter from the Director, National for printing and reference to the proper to the Committee on Education and the Institute of Standards and Technology, De- calendar, as follows: Workforce. partment of Commerce, transmitting a list Mr. SHUSTER: Committee on Transpor- By Mr. SALMON (for himself, Mr. of donations under the ‘‘Computers for tation and Infrastructure. H.R. 661. A bill to WELDON of Pennsylvania, Mr. DELAY, Learning’’ (K–12) program for the period July direct the Secretary of Transportation to Mr. LARGENT, Mr. FROST, Mr. 1998 through December 31, 1998; to the Com- prohibit the commercial operation of super- WELLER, Mr. GRAHAM, Mr. CHABOT, mittee on Science. sonic transport category aircraft that do not Mr. SMITH of Washington, Ms. PRYCE 836. A letter from the Assistant Commis- comply with stage 3 noise levels if the Euro- of Ohio, Mr. KASICH, Mr. CANNON, sioner (Examinations), Internal Revenue pean Union adopts certain aircraft noise reg- Mrs. FOWLER, Ms. DANNER, Mrs. Service, transmitting the Service’s final ulations (Rept. 106–35). Referred to the Com- BONO, Mr. GILMAN, Mrs. MYRICK, Mr. rule—Qualifying wages under section 41 in mittee of the Whole House on the State of LOBIONDO, Mr. SCHAFFER, Mr. SCAR- determining the tax credit for increasing re- the Union. search activities—received February 16, 1999, Mr. COMBEST: Committee on Agriculture. BOROUGH, Mr. HILLEARY, Mr. ENGLISH, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 609. A bill to amend the Export Apple Mr. LAZIO, Mr. SAXTON, Mr. HORN, mittee on Ways and Means. and Pear Act to limit the applicability of the Mr. TRAFICANT, Mr. HAYWORTH, Mr. 837. A letter from the Assistant Commis- Act to apples (Rept. 106–36). Referred to the SMITH of New Jersey, Mr. BRADY of sioner (Examiniation), Internal Revenue Committee of the Whole House on the State Texas, Mr. PITTS, Mr. BURR of North Service, transmitting the Service’s final of the Union. Carolina, Mrs. KELLY, Mr. KING of rule—All Industries Coordinated Issue: Mr. HASTINGS of Washington: Committee New York, Mr. HALL of Texas, Mr. Qualifying Wages Under Section 41 in Deter- on Rules. House Resolution 85. Resolution BARTLETT of Maryland, Mr. FOLEY, mining the Tax Credit for Increasing Re- providing for consideration of the bill (H.R. Mr. MICA, Mr. GARY MILLER of Cali- search Activities, pursuant to 5 U.S.C. 603) to amend title 49, United States Code, to fornia, Mr. LINDER, Mr. BARTON of 801(a)(1)(A); to the Committee on Ways and clarify the application of the Act popularly Texas, Mr. CUNNINGHAM, Mr. NEY, Mr. Means. known as the ‘‘Death on the High Seas Act’’ GOODE, Mrs. CUBIN, Mr. SHADEGG, Mr. 838. A letter from the Assistant Commis- to aviation incidents (Rept. 106–37). Referred CALVERT, Mr. GREEN of Wisconsin, sioner (Examination), Internal Revenue to the House Calendar. Mr. PACKARD, Mr. GREEN of Texas, Service, transmitting the Service’s final Mr. HASTINGS of Washington: Committee Mr. REGULA, Mr. TIAHRT, Mr. SES- rule—Congressional Review of Market Seg- on Rules. House Resolution 86. Resolution SIONS, Mr. SWEENEY, Mr. RILEY, Mr. ment Specialization Program (MSSP) Audit providing for consideration of the bill (H.R. ADERHOLT, Mr. PICKERING, Mr. 661) to direct the Secretary of Transpor- Techniques Guides— received February 16, KNOLLENBERG, and Mr. KINGSTON): tation to prohibit the commercial operation 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 894. A bill to encourage States to in- of supersonic transport category aircraft Committee on Ways and Means. carcerate individuals convicted of murder, that do not comply with stage 3 noise levels 839. A letter from the Chief, Regulations rape, or child molestation; to the Committee if the European Union adopts certain air- Unit, Internal Revenue Service, transmitting on the Judiciary. craft noise regulations (Rept. 106–38). Re- the Service’s final rule—Election in respect By Mrs. MALONEY of New York (for ferred to the House Calendar. herself, Mrs. MORELLA, Mr. PORTER, of losses attributable to a disaster [Revenue Mr. SPENCE: Committee on Armed Serv- Mrs. LOWEY, Mrs. KELLY, Mr. MORAN Ruling 99–13] received February 23, 1999, pur- ices. H.R. 4. A bill to declare it to be the pol- of Virginia, Mr. GILMAN, Mr. HIN- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- icy of the United States to deploy a national CHEY, Mr. GREENWOOD, Mr. WAXMAN, tee on Ways and Means. missile defense (Rept. 106–39, Pt. 1). 840. A letter from the Chief, Regulations Mr. SHAYS, Ms. JACKSON-LEE of Unit, Internal Revenue Service, transmitting DISCHARGE OF COMMITTEE Texas, Mr. BAIRD, Ms. MCKINNEY, Mr. the Service’s final rule—Weighted Average Pursuant to clause 5 of rule X the CAMPBELL, Mr. CONYERS, and Mr. Interest Rate Update [Notice 99–11] received Committee on International Relations BOEHLERT): February 22, 1999, pursuant to 5 U.S.C. discharged from further consideration. H.R. 895. A bill to restore a United States 801(a)(1)(A); to the Committee on Ways and H.R. 4 referred to the Committee of the voluntary contribution to the United Na- Means. Whole House on the State of the Union, tions Population Fund; to the Committee on 841. A letter from the Chief, Regulations and ordered to be printed. International Relations. Branch, U.S. Customs Service, transmitting By Mr. FRANKS of New Jersey: f the Service’s final rule—Gray Market Im- H.R. 896. A bill to require the installation ports and Other Trademarked Goods [T.D. TIME LIMITATION OF REFERRED and use by schools and libraries of a tech- 99–21] (RIN: 1515–AB49) received February 22, BILL nology for filtering or blocking material on 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Internet on computers with Internet ac- Committee on Ways and Means. Pursuant to clause 5 of rule X the fol- cess to be eligible to receive or retain uni- 842. A letter from the Assistant Secretary lowing action was taken by the Speak- versal service assistance; to the Committee for Legislative Affairs, Department of State, er: on Commerce. March 2, 1999 CONGRESSIONAL RECORD — HOUSE H889

By Mr. FORBES: HAYWORTH, Mr. HORN, Mr. JENKINS, By Ms. DEGETTE (for herself, Mr. H.R. 897. A bill to direct the Secretary of Mr. KASICH, Mrs. KELLY, Mr. LAZIO, ALLEN, and Mr. WAXMAN): Transportation to conduct a study and issue Mr. LOBIONDO, Mr. METCALF, Mrs. H.R. 909. A bill to provide funding for a report on predatory and discriminatory MYRICK, Mr. NORWOOD, Mr. PALLONE, States to correct Y2K problems in computers practices of airlines which restrict consumer Mr. PICKERING, Mr. PITTS, Ms. PRYCE that are used to administer State and local access to unbiased air transportation pas- of Ohio, Mr. RILEY, Mr. SAXTON, Mr. government programs; to the Committee on senger service and fare information; to the SHADEGG, Mr. SHAYS, Mr. SHIMKUS, Government Reform. Committee on Transportation and Infra- and Mr. WELDON of Florida): By Mr. DREIER (for himself, Mr. HORN, structure. H.R. 903. A bill to require the Secretary of Mr. MARTINEZ, Mrs. NAPOLITANO, Mr. By Mr. MCINNIS (for himself, Mr. the Treasury to redesign the $1 bill so as to GARY MILLER of California, and Ms. SCHAFFER, Mr. HEFLEY, Mr. incorporate the preamble to the Constitution ROYBAL-ALLARD): TANCREDO, and Mr. UDALL of Colo- of the United States, a list describing the Ar- H.R. 910. A bill to authorize the Secretary rado): ticles of the Constitution, and a list describ- of the Army, acting through the Chief of En- H.R. 898. A bill designating certain land in ing the Articles of Amendment, on the re- gineers and in coordination with other Fed- the San Isabel National Forest in the State verse side of such currency; to the Commit- eral agency heads, to participate in the fund- of Colorado as the ‘‘Spanish Peaks Wilder- tee on Banking and Financial Services. ing and implementation of a balanced, long- ness’’; to the Committee on Resources. By Mr. CARDIN (for himself, Mrs. ROU- term solution to the problems of ground- By Mr. ANDREWS (for himself and Mr. KEMA, Mr. SHAYS, Mr. TIERNEY, Mr. water contamination, water supply, and reli- LOBIONDO): CAMPBELL, Mr. BERRY, Mr. SERRANO, ability affecting the San Gabriel ground- H.R. 899. A bill to provide for the liquida- Mr. DELAHUNT, Mr. BENTSEN, Mr. water basin in California, and for other pur- tion of Libyan assets to pay for the costs of COOKSEY, Mr. ABERCROMBIE, Mr. poses; to the Committee on Transportation travel to and from the Hague of families of UNDERWOOD, Mr. STARK, Mr. DEFAZIO, and Infrastructure. the victims of the crash of Pan Am flight 103 Mr. KLECZKA, Mrs. JOHNSON of Con- By Mr. ETHERIDGE (for himself, Mr. OBLE RICE for the purpose of attending the trial of the necticut, Mr. WEYGAND, Mr. GREEN of C , Mr. P of North Carolina, LAYTON AYES ATT terrorist suspects in the crash; to the Com- Texas, Mr. MCNULTY, Mr. BOEHLERT, Mrs. C , Mr. H , Mr. W URR mittee on International Relations. Mr. GALLEGLY, Mr. LAFALCE, Mr. of North Carolina, Mr. B of North AYLOR By Mr. LAFALCE (for himself, Mr. ACKERMAN, Ms. SLAUGHTER, Mr. Carolina, Mr. T of North Caro- C NTYRE ONES FRANK of Massachusetts, Mrs. DOYLE, Mrs. MALONEY of New York, lina, Mr. M I , Mr. J of ALLENGER MALONEY of New York, Mr. BENTSEN, Mrs. THURMAN, Mr. HINCHEY, Mr. INS- North Carolina, Mr. B , and YRICK Ms. LEE, Mr. INSLEE, Ms. LEE, Mr. LEWIS of Georgia, Mr. Mrs. M ): H.R. 911. A bill to designate the Federal SCHAKOWSKY, Mr. GONZALEZ, Mrs. COYNE, Mr. ROTHMAN, Mr. ENGLISH, building located at 310 New Bern Avenue in JONES of Ohio, Mr. CAPUANO, Mr. Mrs. MINK of Hawaii, Mr. WALSH, Mr. Raleigh, North Carolina, as the ‘‘Terry San- BROWN of California, Mr. OLVER, Mr. KLINK, Ms. HOOLEY of Oregon, Mrs. ford Federal Building‘‘; to the Committee on GREEN of Texas, Mr. HINCHEY, Mr. EMERSON, Mr. LEVIN, Mr. DAVIS of Transportation and Infrastructure. SHOWS, Mr. BRADY of Pennsylvania, Florida, Mr. UPTON, Ms. EDDIE BER- By Mr. FRANK of Massachusetts (for Mr. FALEOMAVAEGA, and Mrs. MINK of NICE JOHNSON of Texas, Mr. GON- himself, Mr. CAMPBELL, Mr. CONYERS, Hawaii): ZALEZ, and Mrs. MYRICK): Mr. OLVER, Ms. PELOSI, Mr. STARK, H.R. 900. A bill to amend the Truth in H.R. 904. A bill to assure access under and Ms. WOOLSEY): Lending Act to enhance consumer disclo- group health plans and health insurance cov- sures regarding credit card terms and H.R. 912. A bill to provide for the medical erage to covered emergency medical serv- use of marijuana; to the Committee on Com- charges, to restrict issuance of credit cards ices; to the Committee on Commerce, and in to students, to expand protections in connec- merce. addition to the Committees on Education By Mr. FRANK of Massachusetts (for tion with unsolicited credit cards and third- and the Workforce, and Ways and Means, for party checks and to protect consumers from himself and Mr. STARK): a period to be subsequently determined by H.R. 913. A bill to provide retrospective ap- unreasonable practices that result in unnec- the Speaker, in each case for consideration plication of an amendment made by the Vio- essary credit costs or loss of credit, and for of such provisions as fall within the jurisdic- lent Crime Control and Law Enforcement other purposes; to the Committee on Bank- tion of the committee concerned. Act of 1994 pertaining to the applicability of ing and Financial Services. By Mr. CASTLE: mandatory minimum penalties in certain By Mr. BLAGOJEVICH (for himself, H.R. 905. A bill to provide funding for the cases; to the Committee on the Judiciary. Mr. BONIOR, Mr. QUINN, Mr. SESSIONS, National Center for Missing and Exploited By Mr. FRANK of Massachusetts (for Ms. SCHAKOWSKY, Mr. GUTIERREZ, Children, to reauthorize the Runaway and himself, Mr. PAYNE, Mr. SERRANO, Mrs. MALONEY of New York, and Mr. Homeless Youth Act, and for other purposes; Mr. SANDERS, Mr. LAFALCE, Mrs. FROST): to the Committee on Education and the CHRISTENSEN, Mr. VENTO, Mr. WYNN, H.R. 901. A bill to amend the Support for Workforce. Mr. FROST, Mr. BOEHLERT, Mr. COYNE, East European Democracy (SEED) Act of By Mr. CONYERS (for himself, Mr. Mr. SMITH of Washington, Ms. 1989 to provide for the transfer of amounts of FROST, Mr. RANGEL, Ms. JACKSON-LEE PELOSI, Ms. WATERS, Mr. THOMPSON the Polish-American Enterprise Fund upon of Texas, Mr. MEEHAN, Ms. WATERS, of Mississippi, Mr. HALL of Ohio, Mr. the termination of that Enterprise Fund to a Mr. CLYBURN, Mr. LEWIS of Georgia, NEAL of Massachusetts, Mr. ACKER- private, nonprofit organization located in Mrs. MEEK of Florida, Mr. DAVIS of MAN, Mr. OBERSTAR, Mr. BOUCHER, Poland; to the Committee on International Illinois, Mr. BROWN of Ohio, Mr. Mr. OLVER, Mr. QUINN, Mr. KLECZKA, Relations. MEEKS of New York, Mr. THOMPSON of Mr. UNDERWOOD, Mr. GOODE, Mrs. By Mr. BLAGOJEVICH (for himself, Mississippi, Mr. RUSH, Mr. OWENS, MINK of Hawaii, Mr. FILNER, and Mr. Mr. SHAYS, Mr. CASTLE, Mr. CONYERS, Ms. KILPATRICK, Mr. WYNN, Mr. JACK- HINCHEY): Mr. SCOTT, Mrs. MCCARTHY of New SON of Illinois, Mr. HASTINGS of Flor- H.R. 914. A bill to amend title XVIII of the York, Mrs. MORELLA, Mr. KENNEDY of ida, Mr. FATTAH, Ms. LEE, Mr. Social Security Act to limit the penalty for Rhode Island, Mr. WEYGAND, Ms. KIL- CUMMINGS, Mr. HILLIARD, Mr. BRADY late enrollment under the Medicare Program PATRICK, Mr. UNDERWOOD, Mrs. of Pennsylvania, Mr. FORD, Mrs. to 10 percent and twice the period of no en- MALONEY of New York, Mr. MORAN of JONES of Ohio, and Ms. SCHAKOWSKY): rollment; to the Committee on Commerce, Virginia, Mr. FORD, Mr. MARKEY, Mr. H.R. 906. A bill to secure the Federal vot- and in addition to the Committee on Ways WAXMAN, Mr. WEXLER, Mr. PASCRELL, ing rights of persons who have been released and Means, for a period to be subsequently Mr. JACKSON of Illinois, Mr. NADLER, from incarceration; to the Committee on the determined by the Speaker, in each case for Mr. DAVIS of Illinois, Ms. DEGETTE, Judiciary. consideration of such provisions as fall with- Ms. DELAURO, Mr. LIPINSKI, Ms. By Mr. DEFAZIO: in the jurisdiction of the committee con- PELOSI, Mr. MCGOVERN, Mrs. H.R. 907. A bill to amend title 49, United cerned. TAUSCHER, and Mrs. CHRISTENSEN): States Code, to authorize the Secretary of By Mr. GEKAS (for himself, Mr. GIL- H.R. 902. A bill to regulate the sale of fire- Transportation to implement a pilot pro- MAN, Mr. DAVIS of Virginia, Mr. FIL- arms at gun shows; to the Committee on the gram to improve access to the national NER, Mr. WOLF, and Mrs. MORELLA): Judiciary. transportation system for small commu- H.R. 915. A bill to authorize a cost of living By Mr. BLILEY (for himself, Mr. BATE- nities, and for other purposes; to the Com- adjustment in the pay of administrative law MAN, Mr. BOUCHER, Mr. SISISKY, Mr. mittee on Transportation and Infrastruc- judges; to the Committee on the Judiciary. PICKETT, Mr. GOODLATTE, Mr. GOODE, ture. By Mr. GEKAS: Mr. BARTLETT of Maryland, Mr. By Mr. DEFAZIO (for himself, Mr. LI- H.R. 916. A bill to make technical amend- BILBRAY, Mr. BILIRAKIS, Mr. BLUNT, PINSKI, and Ms. SLAUGHTER): ments to section 10 of title 9, United States Mr. BURR of North Carolina, Mr. H.R. 908. A bill to improve consumers’ ac- Code; to the Committee on the Judiciary. COBLE, Mr. COBURN, Mr. COOK, Mr. cess to airline industry information, to pro- By Mr. GIBBONS: CUNNINGHAM, Mr. EHRLICH, Mr. mote competition in the aviation industry, H.R. 917. A bill to designate the Federal ENGLISH, Mr. FOSSELLA, Mr. GREEN of and for other purposes; to the Committee on building and United States Post Office lo- Wisconsin, Mr. HALL of Texas, Mr. Transportation and Infrastructure. cated at 705 N. Plaza Street in Carson City, H890 CONGRESSIONAL RECORD — HOUSE March 2, 1999

Nevada, as the ‘‘Paul Laxalt Federal Build- Texas, Mr. COOK, Ms. BERKLEY, Mrs. ual who leaves employment because of sex- ing and United States Post Office‘‘; to the MCCARTHY of New York, Mrs. THUR- ual harassment or the loss of child care will, Committee on Transportation and Infra- MAN, Mrs. CHRISTENSEN, Ms. KIL- for purposes of determining such individual’s structure. PATRICK, Mrs. CLAYTON, Ms. eligibility for unemployment compensation, By Mr. HOLDEN: MILLENDER-MCDONALD, Ms. HOOLEY be treated as having left such employment H.R. 918. A bill to amend the Internal Rev- of Oregon, Ms. DELAURO, Ms. WOOL- for good cause; to the Committee on Ways enue Code of 1986 to increase to 100 percent SEY, Mrs. NAPOLITANO, Ms. VELAZ- and Means. the amount of the deduction for the health QUEZ, Mrs. MINK of Hawaii, Mr. KEN- By Mrs. MINK of Hawaii: insurance costs of self-employed individuals; NEDY of Rhode Island, Mr. FROST, Mr. H.R. 932. A bill to amend the Internal Rev- to the Committee on Ways and Means. WEINER, Mr. CROWLEY, Mr. SHOWS, enue Code of 1986 to treat a portion of wel- By Mr. KENNEDY of Rhode Island: Mr. MCNULTY, Mr. KLECZKA, Mr. fare benefits which are contingent on em- H.R. 919. A bill to adjust the immigration GUTIERREZ, Mr. FILNER, Mr. RUSH, ployment as earned income for purposes of status of certain Liberian nationals who Mr. SHERMAN, Mr. NADLER, Mr. LAN- the earned income credit, and for other pur- were provided refuge in the United States; to TOS, Mr. NEAL of Massachusetts, Mr. poses; to the Committee on Ways and Means. the Committee on the Judiciary. SANDLIN, Mr. BISHOP, Mr. CUMMINGS, By Mrs. MORELLA (for herself, Mrs. By Mr. KENNEDY of Rhode Island: Mr. HINCHEY, Mr. FORD, Mr. BROWN of JOHNSON of Connecticut, Mr. MEE- H.R. 920. A bill to expand the powers of the California, Mr. UNDERWOOD, Mr. HAN, Mr. WAXMAN, Mrs. MALONEY of Secretary of the Treasury to regulate the DIXON, Mr. BORSKI, Mr. SANDERS, Mr. New York, Ms. PELOSI, Mrs. MEEK of manufacture, distribution, and sale of fire- CLEMENT, Mr. MASCARA, and Mr. Florida, Mr. UNDERWOOD, Mr. DIXON, arms and ammunition, and to expand the ju- FALEOMAVAEGA): Mr. DELAHUNT, Ms. MILLENDER- risdiction of the Secretary to include fire- H.R. 925. A bill to amend the Public Health MCDONALD, Mr. BENTSEN, Mr. arm products and non-powder firearms; to Service Act and Employee Retirement In- CUMMINGS, Mr. GOODE, Mr. FORD, Ms. the Committee on the Judiciary. come Security Act of 1974 to require that KILPATRICK, Mr. HINCHEY, Mr. NAD- By Mr. LAHOOD: group and individual health insurance cov- LER, Mr. KLECZKA, Mr. GREEN of H.R. 921. A bill to direct the Secretary of erage and group health plans provide cov- Texas, Mr. FROST, Mr. PASCRELL, Mr. Agriculture to provide emergency market erage for qualified individuals for bone mass FILNER, Ms. BERKLEY, Mrs. KELLY, loss assistance to swine producers for losses measurement (bone density testing) to pre- Mr. SANDLIN, Mr. METCALF, Mr. incurred due to economic and market condi- vent fractures associated with osteoporosis SHOWS, Mr. MORAN of Virginia, Mr. tions in the United States beyond their con- and to help women make informed choices FALEOMAVAEGA, Mr. FOLEY, and Mrs. trol that occurred during a three-month pe- about their reproductive and post-meno- MYRICK): riod in 1998, and for other purposes; to the pausal health care; to the Committee on H.R. 933. A bill to amend title 5, United Committee on Agriculture, and in addition Commerce, and in addition to the Committee States Code, to ensure that coverage of bone to the Committee on the Budget, for a period on Education and the Workforce, for a period mass measurements is provided under the to be subsequently determined by the Speak- to be subsequently determined by the Speak- health benefits program for Federal employ- er, in each case for consideration of such pro- er, in each case for consideration of such pro- ees; to the Committee on Government Re- visions as fall within the jurisdiction of the visions as fall within the jurisdiction of the form. committee concerned. committee concerned. By Mr. PALLONE: By Mr. LATHAM: By Mr. MCHUGH: H.R. 934. A bill to prohibit the commercial H.R. 922. A bill to amend the Internal Rev- H.R. 926. A bill to require the Secretary of harvesting of Atlantic striped bass in the enue Code of 1986 to increase the maximum the Army to issue an environmental impact coastal waters and the exclusive economic amount allowable as an annual contribution statement before the International Joint zone; to the Committee on Resources. to education individual retirement accounts Commission implements any water regula- By Mr. PAUL (for himself and Mr. from $500 to $2,000, phased in over 3 years; to tion plan affecting the water levels of Lake HOSTETTLER): the Committee on Ways and Means. Ontario or the St. Lawrence River; referred H.R. 935. A bill to amend the Internal Rev- By Mr. LEWIS of Georgia (for himself, to the Committee on Transportation and In- enue Code of 1986 to allow individuals a cred- Mrs. THURMAN, Mr. WATTS of Okla- frastructure, and in addition to the Commit- it against income tax for tuition and related homa, Mr. BARRETT of Wisconsin, Mr. tee on Resources, for a period to be subse- expenses for public and nonpublic elemen- CAPUANO, Mr. KUCINICH, Mr. FILNER, quently determined by the Speaker, in each tary and secondary education; to the Com- Ms. PELOSI, Mr. LANTOS, Mr. HIN- case for consideration of such provisions as mittee on Ways and Means. CHEY, Mr. DIXON, Mr. TOWNS, Ms. fall within the jurisdiction of the committee By Mr. PAUL: NORTON, Mr. CUMMINGS, Mr. FORD, concerned. H.R. 936. A bill to amend the Internal Rev- Mr. FRANK of Massachusetts, Ms. By Mr. MCINNIS (for himself, Mr. enue Code of 1986 to allow a credit against KILPATRICK, Mr. UNDERWOOD, Mr. HOUGHTON, Ms. DUNN, Mr. ENGLISH, income tax for amounts contributed to char- FROST, Mr. SISISKY, Mr. BROWN of Mr. HAYWORTH, Mr. LEWIS of Ken- itable organizations which provide elemen- Ohio, Mr. FATTAH, Mrs. JONES of tucky, Mr. WATKINS, Mr. FOLEY, Mr. tary or secondary school scholarships and for Ohio, Mr. WATT of North Carolina, TANCREDO, and Mr. SHOWS): contributions of, and for, instructional mate- H.R. 927. A bill to amend the Internal Rev- Ms. CARSON, Mrs. CHRISTENSEN, Mrs. rials and materials for extra-curricular ac- enue Code of 1986 to increase the annual ex- MALONEY of New York, Ms. WOOLSEY, tivities; to the Committee on Ways and clusion from the gift tax to $20,000; to the Mrs. MEEK of Florida, Mr. THOMPSON Means. Committee on Ways and Means. of Mississippi, Mr. GEORGE MILLER of By Mr. PAUL (for himself, Mr. GREEN By Mr. MILLER of Florida: of Texas, Mr. RADANOVICH, Mr. DEAL California, Mr. BERMAN, Mrs. CLAY- H.R. 928. A bill to require that the 2000 de- of Georgia, Mr. STEARNS, and Mr. TON, Mr. HASTINGS of Florida, Mr. cennial census include either a general or OWENS, Ms. BROWN of Florida, Mr. targeted followup mailing of census ques- HINCHEY): H.R. 937. A bill to amend the Internal Rev- CLYBURN, Mr. PAYNE, Mr. STEARNS, tionnaires, whichever, in the judgement of enue Code of 1986 to provide a tax credit for Mr. MEEKS of New York, Mr. BROWN the Secretary of Commerce, will be more ef- elementary and secondary school teachers; of California, Mr. SANDLIN, and Mr. fective in securing the return of census infor- to the Committee on Ways and Means. SPRATT): mation from the greatest number of house- By Mr. RANGEL (for himself, Ms. WA- H.R. 923. A bill to authorize the establish- holds possible; to the Committee on Govern- TERS, Mr. JACKSON of Illinois, Ms. ment of the National African-American Mu- ment Reform. JACKSON-LEE of Texas, Mrs. MEEK of seum within the Smithsonian Institution; to By Mr. MILLER of Florida (for himself, Florida, Mr. PALLONE, Mr. NADLER, the Committee on House Administration, Mr. RYAN of Wisconsin, Mr. DAVIS of Ms. LEE, Mr. NEAL of Massachusetts, and in addition to the Committee on Trans- Virginia, and Mr. SOUDER): portation and Infrastructure, for a period to H.R. 929. A bill to amend title 13, United Mr. FALEOMAVAEGA, Ms. CARSON, Mr. be subsequently determined by the Speaker, States Code, to require that the question- RUSH, Mr. SNYDER, Mr. DEFAZIO, Mr. in each case for consideration of such provi- naire used in taking the 2000 decennial cen- MATSUI, Mr. DIXON, Mr. FORD, Mr. sions as fall within the jurisdiction of the sus be made available in certain languages MOAKLEY, Ms. NORTON, Mr. committee concerned. besides English; to the Committee on Gov- CUMMINGS, Mr. FRANK of Massachu- By Mr. MALONEY of Connecticut (for ernment Reform. setts, Mr. LEWIS of Georgia, Mr. himself and Mr. SPRATT): By Mrs. MINK of Hawaii: PAYNE, Mr. COYNE, Mr. CONYERS, Mr. H.R. 924. A bill to amend the Internal Rev- H.R. 930. A bill to amend the Radiation Ex- ENGEL, Mr. JEFFERSON, Mr. CLAY, Mr. enue Code of 1986 to allow vendor refunds of posure Compensation Act to remove the re- SCOTT, Mr. BROWN of California, Mr. Federal excise taxes on undyed kerosene quirement that exposure resulting in stom- GEJDENSON, Mr. KENNEDY of Rhode used in unvented heaters for home heating ach cancer occur before age 30, and for other Island, Mrs. CLAYTON, Mr. ACKERMAN, purposes; to the Committee on Ways and purposes; to the Committee on the Judici- Mr. MEEKS of New York, Mr. LEVIN, Means. ary. Mr. MCGOVERN, Mrs. MINK of Hawaii, By Mrs. MALONEY of New York (for By Mrs. MINK of Hawaii: Mr. WATT of North Carolina, Mr. herself, Mrs. MORELLA, Mr. H.R. 931. A bill to amend the Internal Rev- QUINN, Mr. SABO, Mr. KUCINICH, Mr. PASCRELL, Mrs. KELLY, Mr. GREEN of enue Code of 1986 to provide that an individ- UNDERWOOD, Ms. BROWN of Florida, March 2, 1999 CONGRESSIONAL RECORD — HOUSE H891 Mr. LAFALCE, Ms. KILPATRICK, Mrs. a permanent judgeship, to authorize an addi- PRIVATE BILLS AND MALONEY of New York, Mr. PORTMAN, tional permanent judgeship in the district of RESOLUTIONS Mr. FROST, Mr. BRADY of Pennsyl- Hawaii, extend statutory authority for mag- vania, Mrs. JONES of Ohio, Mr. WATTS istrate positions in Guam and the Northern Under clause 3 of rule XII, of Oklahoma, Mr. WAXMAN, Mr. Mariana Islands, and for other purposes; to Mr. GREENWOOD introduced A bill (H.R. CROWLEY, and Mr. ETHERIDGE): the Committee on the Judiciary. 949) to authorize the Secretary of Transpor- H.R. 938. A bill to designate the Federal By Mr. UNDERWOOD: tation to issue a certificate of documenta- building located at 290 Broadway in New H.R. 945. A bill to deny to aliens the oppor- tion with appropriate endorsement for em- York, New York, as the ‘‘Ronald H. Brown tunity to apply for asylum in Guam; to the ployment in the coastwise trade for the ves- Federal Building‘‘; to the Committee on Committee on the Judiciary. sel PRIDE OF MANY; which was referred to Transportation and Infrastructure. By Ms. WOOLSEY: the Committee on Transportation and Infra- By Mr. RANGEL (for himself, Mr. CON- H.R. 946. A bill to restore Federal recogni- structure. YERS, Mr. TOWNS, Mr. THOMPSON of tion to the Indians of the Graton Rancheria f Mississippi, Mrs. CHRISTENSEN, Mr. of California; to the Committee on Re- CUMMINGS, Ms. LEE, Mr. WYNN, Ms. sources. ADDITIONAL SPONSORS MILLENDER-MCDONALD, Ms. CARSON, By Mr. YOUNG of Alaska: Under clause 7 of rule XII, sponsors Mr. LEWIS of Georgia, Mr. FORD, Mr. H.R. 947. A bill to address resource man- CLAY, Mr. RUSH, Mr. DIXON, Ms. KIL- agement issues in Glacier Bay National were added to public bills and resolu- PATRICK, Mr. HILLIARD, Mrs. CLAY- Park, Alaska; to the Committee on Re- tions as follows: TON, Ms. NORTON, Mrs. JONES of Ohio, sources. H.R. 11: Ms. SANCHEZ and Mr. FARR of Cali- Ms. JACKSON-LEE of Texas, Mr. By Mr. MORAN of Kansas (for himself fornia. PAYNE, Mr. OWENS, Ms. BROWN of and Mr. PICKERING): H.R. 13: Mr. TAYLOR of Mississippi. Florida, Mrs. MEEK of Florida, and H.R. 948. A bill to amend chapter 31 of title H.R. 17: Mr. LIPINSKI, Mr. BLUNT, and Mr. Ms. PELOSI): 31, United States Code, to establish lower TURNER. H.R. 939. A bill to amend the Controlled statutory limits for debt held by the public H.R. 19: Mr. WAMP, Mr. PICKETT, Mr. Substances Act and the Controlled Sub- for each of fiscal years 2000 through 2009, and ENGLISH, Mr. SESSIONS, and Mr. NORWOOD. stances Import and Export Act to eliminate for other purposes; referred to the Commit- H.R. 22: Mr. NEY. certain mandatory minimum penalties relat- tee on Ways and Means, and in addition to H.R. 36: Ms. LOFGREN, Mr. BROWN of Cali- ing to crack cocaine offenses; referred to the the Committee on the Budget, for a period to fornia, Mr. MEEKS of New York, and Mr. BER- Committee on the Judiciary, and in addition be subsequently determined by the Speaker, MAN. to the Committee on Commerce, for a period in each for consideration of such provisions H.R. 38: Mr. COOKSEY. to be subsequently determined by the Speak- as fall within the jurisdiction of the commit- H.R. 49: Mr. LAMPSON. er, in each case for consideration of such pro- tee concerned. H.R. 53: Ms. GRANGER. visions as fall within the jurisdiction of the By Mr. BACHUS (for himself, Mr. H.R. 61: Mr. SMITH of New Jersey. committee concerned. SHAW, Mr. BROWN of Ohio, Mr. BUR- H.R. 89: Mr. HINCHEY, Mr. ADERHOLT, Mr. By Mr. SHERWOOD: TON of Indiana, Mr. ENGLISH, Mr. RADANOVICH, Mr. SUNUNU, Mr. REYES, and H.R. 940. A bill to establish the Lacka- TRAFICANT, Mrs. MYRICK, Mr. ISTOOK, Mr. MANZULLO. wanna Heritage Valley American Heritage Mr. CHABOT, Mr. RUSH, Mr. BARR of H.R. 110: Mr. HOYER, Mr. WAXMAN, Mr. FIL- Area; to the Committee on Resources. Georgia, Mrs. NORTHUP, and Mr. NER, Mr. SHOWS, Mrs. CHRISTENSEN, Mrs. By Mr. STARK (for himself, Mr. HORN, HOSTETTLER): MALONEY of New York, Ms. PELOSI, Mr. Mr. SPENCE, Mr. INSLEE, Mr. LEWIS of H.J. Res. 35. A joint resolution disapprov- KLECZKA, Mr. SANDLIN, and Mr. OLVER. Georgia, Mr. MOAKLEY, Mr. KLECZKA, ing the certification of the President under H.R. 111: Mr. MCINTOSH, Mr. ANDREWS, Mr. Mr. BROWN of Ohio, Mr. FROST, Ms. section 490(b) of the Foreign Assistance Act JENKINS, Mr. BOUCHER, Mr. WELLER, Mrs. ESHOO, Mr. LUTHER, Ms. KILPATRICK, of 1961 regarding foreign assistance for Mex- CHRISTENSEN, Ms. DUNN, Mr. FORD, Mr. Mr. BARRETT of Wisconsin, Ms. ico during fiscal year 1999; to the Committee THOMPSON of Mississippi, Mr. SISISKY, Mr. SLAUGHTER, Mr. THOMPSON of Mis- on International Relations. GORDON, Mr. MCNULTY, Mr. GOODE, Ms. sissippi, Mrs. THURMAN, Mr. RANGEL, By Mr. WATKINS (for himself and Mr. SLAUGHTER, Mr. MATSUI, Mr. DELAHUNT, Ms. Mr. WYNN, Mrs. CLAYTON, Mr. HALL THORNBERRY): DEGETTE, Mrs. MALONEY of New York, Mr. of Ohio, Ms. NORTON, Mr. WAXMAN, H. Con. Res. 39. Concurrent resolution urg- HASTINGS of Washington, Mr. GEJDENSON, and Ms. ROS-LEHTINEN): ing the President to oppose expansion of the Mr. GIBBONS, Mr. WYNN, Mr. MARTINEZ, and H.R. 941. A bill to establish a congressional Oil-for-Food Program in Iraq, condemning Mr. COYNE. commemorative medal for organ donors and Saddam Hussein for the actions the Govern- H.R. 116: Mr. BROWN of California, Mrs. their families; referred to the Committee on ment of Iraq has taken against the Iraqi peo- EMERSON, and Mrs. MYRICK. Banking and Financial Services, and in addi- ple and for its defiance of the United Na- H.R. 119: Mr. JENKINS, Mr. FORBES, Mr. tion to the Committee on Commerce, for a tions, and for other purposes; to the Commit- HAYES, Mr. FOLEY, Mr. NORWOOD, Mr. LIPIN- period to be subsequently determined by the tee on International Relations. SKI, Mr. THOMPSON of Mississippi, Mr. MICA, Speaker, in each case for consideration of By Mr. GILMAN: such provisions as fall within the jurisdic- H. Res. 84. A resolution recognizing the Mr. LUCAS of Oklahoma, Mr. BRYANT, Mr. tion of the committee concerned. positive steps and achievements of the Re- FORD, Mr. LAHOOD, Mr. DAVIS of Illinois, Mr. By Mr. STEARNS (for himself, Mr. public of India and the Islamic Republic of SANDERS, Mr. GARY MILLER of California, FROST, Mr. OXLEY, Mr. MCCOLLUM, Pakistan to foster peaceful relations be- and Mr. SCARBOROUGH. Mr. FOLEY, Mrs. MEEK of Florida, and tween the two nations; to the Committee on H.R. 125: Mr. LEWIS of Georgia. Mr. SESSIONS): International Relations. H.R. 150: Mrs. CHENOWETH and Mr. SCHAF- H.R. 942. A bill to amend the Communica- By Mr. THOMAS: FER. tions Act of 1934 to reduce restrictions on H. Res. 87. A resolution electing members H.R. 165: Mr. WEXLER, Mr. STARK, and Ms. media ownership, and for other purposes; to of the Joint Committee on Printing and the LOFGREN. the Committee on Commerce. Joint Committee of Congress on the Library. H.R. 206: Mr. PAYNE, Mr. ANDREWS, Mr. By Mr. THOMPSON of Mississippi (for By Mr. THOMAS: OLVER, Mrs. MYRICK, and Mr. KUCINICH. himself, Mr. CLYBURN, Mr. CLAY, Ms. H. Res. 88. A resolution designating major- H.R. 218: Mr. DOOLITTLE and Mr. HUTCH- MCKINNEY, Mr. LAFALCE, Ms. JACK- ity membership on certain standing commit- INSON. SON-LEE of Texas, Mr. KING of New tees of the House. H.R. 219: Mr. SALMON, Mr. HOSTETTLER, and York, Mrs. MINK of Hawaii, Mr. By Mr. GEKAS (for himself, Mr. BENT- Mr. HAYWORTH. FRANK of Massachusetts, Mr. HILL- SEN, Ms. PELOSI, Mr. CALLAHAN, Mr. H.R. 220: Mr. SCHAFFER. IARD, Ms. KILPATRICK, Mr. PORTER, and Mr. NETHERCUTT): H.R. 232: Mr. PETERSON of Pennsylvania. FALEOMAVAEGA, Mr. LANTOS, Mr. H. Res. 89. A resolution to express the H.R. 235: Mr. GOODLING and Mr. LEWIS of BRADY of Pennsylvania, Mr. WYNN, sense of the House of Representatives that Kentucky. Mrs. CLAYTON, Mr. OWENS, Mr. SABO, the Federal investment in biomedical re- H.R. 271: Mr. SHOWS, Mr. DEFAZIO, Mr. Mr. FORD, Mr. CUMMINGS, Mr. SCOTT, search should be increased by $2,000,000,000 in DIXON, Mr. DAVIS of Illinios, Mr. MOORE, Ms. and Mr. RUSH): fiscal year 2000; to the Committee on Com- SANCHEZ, and Ms. VELAZQUEZ. H.R. 943. A bill to reimburse an individual merce. H.R. 318: Mr. WEXLER and Mr. BILIRAKIS. who is the subject of an independent coun- By Mr. PALLONE: H.R. 323: Mr. DAVIS of Illinois, Mr. sel’s investigation and is indicted but found H. Res. 90. A resolution recognizing the BLUMENAUER, Mr. HEFLEY, Mr. LEACH, Mrs. not guilty for attorneys’ fees; to the Com- ‘‘Code Adam’’ child safety program, com- MYRICK, and Mr. PAYNE. mittee on the Judiciary. mending retail business establishments that H.R. 351: Mr. COMBEST and Mr. LUCAS of By Mr. UNDERWOOD (for himself, Mr. have implemented programs to protect chil- Kentucky. ABERCROMBIE, and Mrs. MINK of Ha- dren from abduction, and urging retail busi- H.R. 357: Mrs. JONES of Ohio, Mr. MATSUI, waii): ness establishments that have not imple- and Mr. HOYER. H.R. 944. A bill to convert a temporary mented such programs to consider doing so; H.R. 363: Mrs. MINK of Hawaii and Mrs. Federal judgeship in the district of Hawaii to to the Committee on Commerce. THURMAN. H892 CONGRESSIONAL RECORD — HOUSE March 2, 1999

H.R. 364: Mr. SHERMAN. Mr. MICA, Mrs. CAPPS, Ms. KILPATRICK, Ms. HOEFFEL, Mr. ABERCROMBIE, Mr. FILNER, Mr. H.R. 365: Mr. SHERMAN. SLAUGHTER, Mr. PASCRELL, Mr. SMITH of New HINCHEY, Mr. VENTO, and Mr. BROWN of Ohio. H.R. 366: Mr. SHERMAN. Jersey, and Mrs. MYRICK. H.R. 800: Ms. PRYCE of Ohio, Mr. PETERSON H.R. 371: Mr. KENNEDY of Rhode Island, Mr. H.R. 541: Mr. BERMAN and Mr. of Pennsylvania, Mr. TERRY, Mr. UNDER- KIND of Wisconsin, Mr. BORSKI, Mr. ENGLISH, FALEOMAVAEGA. WOOD, Mr. PHELPS, Mr. FROST, Mr. HERGER, Mr. LUTHER, Mr. HERGER, Mr. POMBO, Mr. H.R. 548: Mr. HINCHEY and Mr. WATT of Mr. HOEFFEL, Mr. TANCREDO, Mr. KIND of PETRI, Mrs. CAPPS, Ms. JACKSON-LEE of North Carolina. Wisconsin, Mr. LUCAS of Kentucky, Mr. Texas, and Mr. HORN. H.R. 573: Mr. SERRANO, Mr. PHELPS, Mr. LARGENT, and Mr. FLETCHER. H.R. 372: Mr. BORSKI. DAVIS of Florida, Mr. BURTON of Indiana, Mr. H.R. 804: Mr. KENNEDY of Rhode Island, Mr. H.R. 382: Mr. GEORGE MILLER of California, BROWN of California, Mrs. NORTHUP, Mr. FIL- STUPAK, and Mr. FALEOMAVAEGA. Ms. SCHAKOWSKY, Mr. GREEN of Texas, Mrs. NER, Mr. MCNULTY, Mr. WISE, Mr. LIPINSKI, H.R. 808: Mr. BEREUTER, Mr. ENGLISH, Mr. NAPOLITANO, Mr. WYNN, Mr. BROWN of Cali- Mr. GONZALEZ, Mr. PICKETT, Mr. GARY MIL- POMEROY, Mr. RILEY, Mrs. MINK of Hawaii, fornia, and Mr. BENTSEN. LER of California, Mr. SANDLIN, Mr. FRANK of and Mr. HILL of Montana. H.R. 393: Mr. PALLONE. Massachusetts, Mr. MCINTOSH, Mr. H.R. 833: Mr. COOK, Mr. COOKSEY, Mr. H.R. 394: Mr. PALLONE and Mrs. CAPPS. HOSTETTLER, Mr. SAWYER, Mr. GREENWOOD, ENGLISH, Mr. GOODE, Mr. HILL of Montana, H.R. 395: Mr. PALLONE and Mrs. CAPPS. Mr. CALVERT, Mr. LUCAS of Oklahoma, and Mr. HILLEARY, Mr. METCALF, Mr. OXLEY, Mr. H.R. 397: Mr. PALLONE and Mrs. CAPPS. Mr. HALL of Ohio. ROYCE, Mr. SISISKY, Mr. STUMP, Mr. TANNER, H.R. 405: Mr. BARRETT of Nebraska, Mr. H.R. 576: Ms. LOFGREN. and Mr. TAUZIN. SHIMKUS, Mr. RAHALL, Mr. GOODLING, Mr. H.R. 595: Mr. FORD, Mr. QUINN, Mr. BRADY H.R. 852: Mr. SHOWS, Mr. ISTOOK, and Mr. FOLEY, Mr. LAFALCE, Mr. WELDON of Penn- of Pennsylvania, and Mr. MCGOVERN. COOKSEY. sylvania, Mr. LEACH, and Mr. COSTELLO. H.R. 608: Mr. ENGLISH, Mr. RUSH, and Mr. H.R. 872: Mr. RUSH, Mrs. MINK of Hawaii, H.R. 406: Mr. BARRETT of Wisconsin, Mr. GUTIERREZ. Mr. LEWIS of Georgia, Mr. OLVER, Mr. CANADY of Florida, Mr. GOODLING, and Mr. H.R. 609: Mr. NETHERCUTT. TIERNEY, Ms. WATERS, Ms. LOFGREN, Mr. DOOLEY of California. H.R. 617: Mr. GOODLING, Mr. STARK, and Mr. BROWN of Ohio, Mr. TOWNS, and Ms. H.R. 412: Mr. BONIOR, Mr. GOODLING, Mr. PALLONE. MILLENDER-MCDONALD. RADANOVICH, Mr. MINGE, and Mr. TOOMEY. H.R. 621: Mr. KASICH and Mrs. EMERSON. H.R. 877: Mr. PETERSON of Pennsylvania. H.R. 415: Mrs. JONES of Ohio and Ms. H.R. 623: Mr. GILLMOR. H.R. 882: Mr. TANNER, Mr. EWING, Mr. POM- BROWN of Florida. H.R. 628: Mr. DICKEY, Mr. STEARNS, Mrs. EROY, Mr. THUNE, Mr. COOKSEY, Mr. BOS- H.R. 417: Mr. ENGEL and Mr. THOMPSON of MYRICK, Mr. ENGLISH, and Mr. HUTCHINSON. WELL, Ms. DANNER, Mr. HILL of Indiana. Mr. California. H.R. 647: Mr. FOLEY and Mr. BLUNT. GORDON, Mr. GUTKNECHT, Mr. CLEMENT, Mr. H.R. 423: Mr. PETERSON of Pennsylvania. H.R. 654: Mr. INSLEE, Mr. LAFALCE, and Mr. JEFFERSON, Mr. BALDACCI, Mr. BISHOP, Mr. H.R. 424: Mr. BARRETT of Nebraska, Mr. PALLONE. ETHERIDGE, Mr. PHELPS, Mrs. CLAYTON, and DELAHUNT, Mr. HAYWORTH, Mr. NUSSLE, Mr. H.R. 656: Mr. PETERSON of Pennsylvania Mr. WALDEN of Oregon. SCARBOROUGH, Mr. TOWNS, and Mr. COYNE. and Mrs. MYRICK. H.J. Res. 1: Mr. MICA, Mr. PETERSON of H.R. 443: Mr. OLVER, Mr. BILBRAY, and Mr. H.R. 664: Mr. MASCARA and Mr. GONZALEZ. Pennsylvania, and Mr. RAMSTAD. CONYERS. H.R. 670: Mr. PAYNE, Mr. PETERSON of H.J. Res. 31: Mr. STEARNS and Mr. THOMP- H.R. 449: Mr. SAXTON and Mr. PETERSON of Pennsylvania, and Mr. BEREUTER. SON of Mississippi. Pennsylvania. H.R. 682: Mr. HOUGHTON, Mr. ENGLISH, Mr. H. Con. Res. 8: Mr. LEACH, Ms. PRYCE of H.R. 455: Ms. NORTON, Mr. HINCHEY, and Mr. FOLEY, and Mr. GOODE. Ohio, Mr. SANDERS, Mr. KENNEDY of Rhode PAYNE. H.R. 691: Mr. FILNER, Mr. NEY, Mr. Island , Mrs. MYRICK, Mrs. CAPPS, and Mr. H.R. 457: Mr. LUTHER, Mr. BARRETT of Wis- BALDACCI, Mr. LAHOOD, Mr. DICKEY, Mr. TAY- FOLEY. consin, Mr. CLYBURN, Mr. KENNEDY of Rhode LOR of Mississippi, Mrs. MALONEY of New H. Con. Res. 17: Mr. LUTHER. Island, Mr. WYNN, Mr. HOYER, Ms. SLAUGH- York, and Mr. ALLEN. H. Con. Res. 22: Mr. ENGLISH and Mr. CAL- TER, Mr. KLECZKA, Mr. MOAKLEY, and Mr. H.R. 696: Mrs. JONES of Ohio. VERT. INSLEE. H.R. 701: Mr. LINDER, Mr. TAYLOR of Mis- H. Con. Res. 24: Mr. HOYER, Mr. STEARNS, H.R. 472: Mr. SHAW and Mrs. MYRICK. sissippi, Mr. STUMP, Mr. SANDLIN, Mr. Mr. SHAYS, Mr. GANSKE, Ms. DUNN, Mr. BRY- H.R. 483: Mrs. CAPPS, Mr. GANSKE, Mr. WELDON of Pennsylvania, Mr. TURNER, Mr. ANT, Mr. HUTCHINSON, Mr. SHAW, Mr. SMITH BLUNT, Mr. SISISKY, Mr. PALLONE, and Mr. GREEN of Wisconsin, Mr. BARCIA, Mr. of Washington, Mr. STUPAK, Mr. DAVIS of SANDERS. WHITFIELD, and Mr. BENTSEN. Virginia, Mr. METCALF, Mr. KING of New H.R. 488: Mr. OLVER. H.R. 707: Mr. SWEENEY. York, Mr. PICKERING, Mr. BILBRAY, Mr. BARR H.R. 489: Mr. DAVIS of Illinois, Mr. INSLEE, H.R. 708: Mrs. THURMAN and Mr. TAYLOR of of Georgia, Mr. KINGSTON, Mr. FRANK of Mas- Mr. GEORGE MILLER of California, Mr. LEWIS Mississippi. sachusetts, Mr. CRAMER, Mr. TERRY, Ms. of Georgia, and Mr. FALEOMAVAEGA. H.R. 718: Mr. BONIOR, Mr. FALEOMAVAEGA, DELAURO, Mr. COYNE, Mr. GOODLATTE, Ms. H.R. 502: Mr. MICA. Mr. ENGLISH, Mr. DOOLEY of California, Mr. PRYCE of Ohio, Mr. ARMEY, Mr. DEMINT, Mr. H.R. 506: Ms. VELAZQUEZ, Mr. WAMP, Ms. PETERSON of Minnesota, and Mr. ADERHOLT. BURR of North Carolina, Mr. PHELPS, Mr. DEGETTE, Mr. GILLMOR, Mr. WATT of North H.R. 735: Mr. BAKER. DIXON, Mr. EHLERS, Mr. TANNER, Mr. HALL of Carolina, and Mr. GUTKNECHT. H.R. 750: Mr. PETERSON of Minnesota, Mr. Ohio, Mr. KUYKENDALL, Mr. LEACH, and Mr. H.R. 515: Mr. HOEFFEL, Mr. BARRETT of BONILLA, Mrs. CHRISTENSEN, and Mr. MAR- SHADEGG. Wisconsin, Ms. LOFGREN, Mr. RUSH, Mr. KEY. H. Con. Res. 30: Mr. COMBEST, Mr. CALVERT, ROTHMAN, Mr. THOMPSON of Mississippi, Ms. H.R. 756: Mr. ADERHOLT and Mr. PETERSON and Mr. GREEN of Wisconsin. WOOLSEY, and Mr. MOORE. of Pennsylvania. H. Con. Res. 31: Mr. STUPAK. H.R. 516: Mr. DUNCAN, Mr. SAXTON, Mr. H.R. 763: Mr. HILL of Montana and Mr. H. Con. Res. 34: Mr. COSTELLO, Mrs. KELLY, GORDON, Mr. STUMP, Mr. BLUNT, Mr. GIB- SANDLIN. Mr. ENGLISH, Mr. FOLEY, Mr. OLVER, Mr. BONS, and Mr. SUNUNU. H.R. 773: Mr. MCNULTY, Mr. KIND of Wis- BRADY of Pennsylvania, and Ms. DELAURO. H.R. 517: Mr. SCHAFFER. consin, Mr. JENKINS, Mr. WISE, Mr. PAYNE, H. Res. 32: Mr. FALEOMAVAEGA, Mr. LEACH, H.R. 518: Mr. SCHAFFER. Mr. GEKAS, Mr. FALEOMAVAEGA, Mrs. CAPPS, Mr. BERMAN, Mr. KING of New York, and Mr. H.R. 530: Mr. RILEY, Mr. NEY, Mr. DEAL of Mr. PASCRELL, Mrs. CHRISTENSEN, Mr. UNDERWOOD. Georgia, Mr. ISTOOK, Mr. WELLER, Mr. HAYWORTH, Mr. HUTCHINSON, Mr. KING of New H. Res. 41: Mr. BALLENGER, Mr. FOLEY, Mr. TIAHRT, and Mr. GIBBONS. York, Mrs. MCCARTHY of New York, Mr. FOSSELLA, Mr. GUTIERREZ, Mrs. KELLY, Mr. H.R. 532: Mr. BARRETT of Wisconsin, Mr. SANDLIN, and Mr. STEARNS. MEEHAN, Mr. OLVER, Mr. STUPAK, Mr. SABO, Mr. SNYDER, and Mr. VENTO. H.R. 780: Ms. KILPATRICK. TIERNEY, and Ms. VELAZQUEZ. H.R. 537: Mr. BLUNT. H.R. 788: Mr. KASICH. H. Res. 79: Mr. LAHOOD, Mr. DAVIS of Illi- H.R. 540: Mr. PICKERING, Mr. BARRETT of H.R. 798: Mr. CLAY, Mr. OLVER, Mr. GUTIER- nois, Mr. WELLER, Mr. SHOWS, and Mr. JACK- Wisconsin, Mr. WYNN, Ms. ESHOO, Mr. TOWNS, REZ, Mrs. NAPOLITANO, Ms. MCKINNEY, Mr. SON of Illinois. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, TUESDAY, MARCH 2, 1999 No. 32 Senate The Senate met at 9:30 a.m., and was Mr. BOND. Thank you, Mr. Presi- my colleague and my cosponsor on this called to order by the President pro dent. measure is on his way over. Let me tempore (Mr. THURMOND). f begin the discussion of this measure. I thank my colleagues, Senators BEN- PRAYER THE CHAPLAIN’S PRAYER NETT and DODD, particularly for the The Chaplain, Dr. Lloyd John Mr. BOND. Mr. President, I thank the work of the Special Committee on the Ogilvie, offered the following prayer: Chaplain for the most wonderful words Year 2000 Technology Problem commu- Almighty God, Sovereign of history of guidance. nicating to both the government agen- and personal Lord of our lives, today f cies and the private sector about the we join with Jews throughout the SCHEDULE seriousness of the year 2000 computer world in the joyous celebration of Mr. BOND. Mr. President, this morn- problem. I look forward to their pres- Purim. We thank You for the inspiring ing the Senate will begin consideration entations to the Senate today on the memory of Queen Esther who, in the of S. 314, a bill providing small business potential economic and national secu- fifth century B.C., threw caution to the loans regarding the year 2000 computer rity concerns that this problem raises. wind and interceded with her husband, problems. Under a previous order, there I also thank Senators BENNETT and the King of Persia, to save the exiled will be 1 hour for debate on the bill DODD, and particularly my ranking Jewish people from persecution. The equally divided between Senators BOND member, Senator KERRY, the ranking words of her uncle, Mordecai, sound in and KERRY of Massachusetts with no member of the Small Business Com- our souls: ‘‘You have come to the king- amendments in order to be followed by mittee, for their cooperation and valu- dom for such a time as this.’’—Esther a vote on passage of the bill at 10:30 able assistance in the drafting of this 4:14. a.m. Following that vote, the Senate important piece of legislation. Lord of circumstances, we are moved will recess to allow Members to attend As my colleagues on the Committee profoundly by the way You use individ- a confidential hearing regarding the on Small Business and the Special uals to accomplish Your plans and ar- Y2K issue in room S. 407 of the Capitol. Committee on the Year 2000 Tech- range what seems like coincidence to At 2:15 p.m., under a previous order, nology Problem know very well, the bring about Your will for Your people. the Senate will begin consideration of year 2000 computer problems may po- You have brought each of us to Your S. Res. 7, a resolution to fund a special tentially cause great economic hard- kingdom for such a time as this. You committee dealing with the Y2K issue. ships and disruptions to numerous whisper in our souls, ‘‘I have plans for There will be 3 hours for debate on Americans and to numerous sectors of you, plans for good and not for evil, to the resolution with no amendments or our economy. I am very pleased that give you a future and a hope.’’—Jere- motions in order. A vote will occur on the Senate has decided to make this miah 29:11. adoption of the resolution upon the ex- problem one of its top priorities and Grant the Senators a heightened piration or yielding back of the time, has scheduled discussions on this topic sense of the special role You have for which we anticipate to be approxi- early in the legislative session this each of them to play in the unfolding mately 5:15 p.m. year. It is commendable that the Sen- drama of American history. Give them I thank my colleagues for their at- ate is taking action on this problem a sense of destiny and a deep depend- tention. quickly, and that we are taking action ence on Your guidance and grace. f before the calamity happens, instead of Today, during Purim, we renew our after it occurs, which could otherwise SMALL BUSINESS YEAR 2000 commitment to fight against sectarian be the case. intolerance in our own hearts and reli- READINESS ACT It is imperative that we move quick- gious persecution in so many places in The PRESIDENT pro tempore. The ly on this measure. And I hope that we our world. This is Your world; let us clerk will report the pending business. can work with our colleagues in the not forget that ‘‘though the wrong The legislative clerk read as follows: House to pass it and send it to the seems oft so strong, You are the Ruler A bill (S. 314) to provide the loan guarantee yet.’’ Amen. program to address the year 2000 computer President, because by definition, since f problems of small business concerns, and for this is 1999, the year 2000 problem other purposes. grows closer every day with the coming RECOGNITION OF THE ACTING The Senate proceeded to consider the of the end of this calendar year. MAJORITY LEADER bill. The bill before us is an important The PRESIDENT pro tempore. The Mr. BOND. Mr. President, I thank step toward ensuring the continuing vi- acting majority leader is recognized. you very much. I will begin, although ability of many small businesses after

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

S2059

. S2060 CONGRESSIONAL RECORD — SENATE March 2, 1999 December 31, 1999. The bill will estab- companies worldwide would experience custom software. Mr. Davis uses his lish a loan guarantee program to be ad- at least one mission critical failure as equipment to run his entire business, ministered by the Small Business Ad- a result of Y2K computer problems. including handling the company’s pay- ministration that will provide small The committee has also received infor- roll, inventory control, and mainte- businesses with capital to correct their mation indicating that approximately nance of large databases on his cus- Year 2000 computer problems and pro- 750,000 small businesses may either tomers and their specific needs. In ad- vide relief from economic injuries sus- shut down due to the Y2K problem or dition, Golden Fields has a web site tained as a result of Y2K computer be severely crippled if they do not take and sells the farm equipment it manu- problems. Last year I introduced a action to cure their Y2K problems. factures over the internet. similar bill that the Committee on Such failures and business inactivity Unlike many small business owners, Small Business adopted by an 18–0 vote affect not only the employees and own- however, Mr. Davis is aware of the Y2K and that the full Senate approved by ers of small businesses, but also their problem and tested his equipment to unanimous consent. Unfortunately, the creditors, suppliers and customers. see if it could handle the Year 2000. His House of Representatives did not act Lenders will face significant losses if tests confirmed his fear—the equip- on the legislation prior to adjourn- their small business borrowers either ment and software could not process ment. I reintroduced the bill this year go out of business or have a sustained the year 2000 date and would not work because the consequences of Congress period in which they cannot operate. properly after December 31, 1999. That not taking action to assist small busi- Most importantly, however, is the fact is when Mr. Davis’ problems began. nesses with their Y2K problems are too that up to 7.5 million families may face Golden Fields had to purchase an up- severe to ignore. My colleagues on the the loss of paychecks for a sustained graded software package. That cost Committee on Small Business unani- period of time if small businesses do $16,000. Of course, the upgraded soft- mously approved this legislation once not remedy their Y2K problems. Given ware would not run on 386 computers, again and I sincerely hope that we can these facts, it is easy to forecast that so Golden Fields had to upgrade to new pass this bill, and as I said earlier, that there will be severe economic con- hardware. Golden Fields had a com- the House of Representatives will act sequences if small businesses do not be- puter on each of its 11 employees’ on this legislation promptly. come Y2K compliant in time and there desks, so that each employee could ac- The problem that awaits this coun- are only 10 months to go. Indeed the cess the program that essentially ran try, and indeed the entire world, at the countdown is on. the company and assist filling the end of this year is that many comput- A good example of how small busi- internet orders the company received. ers and processors in automated sys- nesses are dramatically affected by the Replacing all the hardware would have tems will fail because such systems Y2K problem is the experience of Lloyd cost Golden Fields $55,000. Therefore will not recognize the Year 2000. Small Davis, the owner of Golden Plains Agri- Golden Fields needed to expend $71,000 businesses that are dependent upon cultural Technologies, Inc., a farm just to put itself in the same position computer technology, either indirectly equipment manufacturer in Colby, it was in before the Y2K problem. or directly, could face failures that Kansas. Like many small business own- Like many small business owners could jeopardize their economic fu- ers, Mr. Davis’ business depends on facing a large expenditure, Mr. Davis tures. In fact, a small business is at trailing an international information went to his bank to obtain a loan to risk if it uses any computers in its technology consulting firm, has esti- pay for the necessary upgrades. Be- business, if it has customized software, mated that between 50% and 60% of cause Golden Fields was not already if it is conducting e-commerce, if it ac- small companies worldwide would ex- Y2K compliant, his bank refused him a cepts credit card payments, if it uses a perience at least one mission critical loan because it had rated his compa- service bureau for its payroll, if it de- failure as a result of Y2K computer ny’s existing loans as ‘‘high-risk.’’ pends on a data bank for information, problems. The Committee has also re- Golden Fields was clearly caught in a if it has automated equipment for com- ceived information indicating that ap- Catch-22 situation. Nevertheless, Mr. municating with its sales or service proximately 750,000 small businesses Davis scrambled to save his company. force or if it has automated manufac- may either shut down due to the Y2K He decided to lease the new hardware turing equipment. problem or be severely crippled if they instead of purchasing it, but he will Last June, the Committee on Small do not take action to cure their Y2K pay a price that ultimately will be Business, which I chair, held hearings problems. more expensive than conventional fi- on the effect the Y2K problem will have Such failures and business inactivity nancing. Moreover, instead of replacing on small businesses. The outlook is not affect not only the employees and own- 11 computers, Golden Fields only re- good—in fact it is poor at best, particu- ers of small businesses but also their placed six at a cost of approximately larly for the smallest business. The creditors, suppliers and customers. $23,000. Golden Fields will be less effi- Committee received testimony that Lenders will face significant losses if cient as a result. The experience of Mr. the entities most at risk from Y2K fail- their small business borrowers either Davis and Golden Fields has been and ures are small and medium-sized com- go out of business or have a sustained will continue to be repeated across the panies, not larger companies. Two period in which they cannot operate. country as small businesses realize the major reasons for this anomaly is that Most importantly, however, is the fact impact the Y2K problem will have on many small companies have not begun that up to 7.5 million families may face their business. to realize how much of a problem Y2K the loss of paychecks for a sustained A recent survey conducted by Arthur failures could be for them, and many period of time if small businesses do Andersen’s Enterprise Group on behalf may not have the access to capital to not remedy their Y2K problems. Given of National Small Business United in- cure such problems before they cause these facts, it is easy to forecast that dicates that, like Golden Fields, many disastrous results. there will be severe economic con- small businesses will incur significant A study on Small Business and the sequences if small businesses do not be- costs to become Y2K compliant and are Y2K Problem sponsored by Wells Fargo come Y2K compliant in time and there very concerned about it. The survey Bank and the NFIB found that an esti- are only 10 months to go. Indeed the found that to become Y2K compliant, mated 4.75 million small employers are countdown is on. 29% of small businesses will purchase potentially subject subject to the Y2K A good example of how small busi- additional hardware, 24% will replace problem. The committee has also re- nesses are dramatically affected by the existing hardware and 17% will need to ceived alarming statistics on the num- Y2K problem is the experience of Lloyd convert their entire computer system. ber of small businesses that could po- Davis, the owner of Golden Fields Agri- When then asked their most difficult tentially face business failure or pro- cultural Technologies, Inc., a farm challenge relating to their information longed inactivity due to the Year 2000 equipment manufacturer in Colby, technology, more than 54% of the busi- computer problem. The Gartner Group, Kansas. Like many small business own- nesses surveyed cited ‘‘affording the an international information tech- ers, Mr. Davis’ business depends on cost.’’ Congress must ensure that these nology consulting firm, has estimated trailing technology purchased over the businesses do not have the same trou- that between 50% and 60% of small years, including 386 computers running ble obtaining financing for their Y2K March 2, 1999 CONGRESSIONAL RECORD — SENATE S2061 corrections as Mr. Davis and Golden The existence of a loan program de- think it is fair to say that here in the Fields Agricultural Technologies. signed to finance Y2K corrections will United States we have had a greater re- Moreover, Congress must deal with the give financial institutions a specific so- sponse than has taken place in Europe concerns that have recently been lution to offer small companies that or in many other countries. But it is raised that there may be a ‘‘credit may not be eligible for additional pri- interesting to note that the Social Se- crunch’’ this year with businesses, es- vate capital and will focus the atten- curity Administration, I understand, pecially small businesses, unable to ob- tion of financial institutions and, in spent about 6 years and some 600 peo- tain financing for any purposes if they turn, their small business customers to ple, and spent upwards of $1 billion, in are not Y2K compliant. the Y2K problem. To increase aware- order to be ready and capable of deal- In addition to the costs involved, ness of this program, I have already ing with the Y2K problem. Other De- there is abundant evidence that small contacted the governor of each State partments have spent significant businesses are, to date, generally un- to make them aware of the potential amounts of money as well and have had prepared for, and in certain cir- availability of the program. Moreover, very large teams of people working in cumstances, unaware of the Y2K prob- so that we can state that we directed order to guarantee that they are going lem. The NFIB’s most recent survey in- our best efforts to mitigating the Year to be safe. Compared to that, you have dicates that 40 percent of small busi- 2000 problem, I am seeking to find very large entities in Europe and else- nesses don’t plan on taking action or other ways that the Federal govern- where that are only just beginning. do not believe the problem is serious ment can assist State efforts to help So, if you look at the numbers of peo- enough to worry about. In addition, the small businesses become Y2K compli- ple and the amount of money and the Gartner Group has estimated that only ant. amount of years people have been 5 percent of small companies worldwide The Small Business Year 2000 Readi- spending in order to try to put together had repaired their Y2K computer prob- ness Act is a necessary step to ensure solutions—obviously those experiences lems as of the third quarter of 1998. that the economic health of this coun- can be helpful to many other entities The Small Business Year 2000 Readi- try is not marred by a substantial around the world as we cope with this ness Act that the Senate is considering number of small business failures fol- problem. But the bottom line is, we today will serve the dual purpose of lowing January 1, 2000, and that small know our economy is interdependent. providing small businesses with the businesses continue to be the fastest We know that most of our technology, means to continue operating success- growing segment of our economy in the interdependent as it is, is date-depend- fully after January 1, 2000, and making Year 2000 and beyond. ent, and much of it is incapable of dis- lenders and small firms more aware of Mr. President, I thank the Chair, and tinguishing between the years 2000 and the dangers that lie ahead. The act re- I yield to my good friend and distin- 1900. quires the Small Business Administra- guished colleague from Massachusetts, We have 10 short months now to be- tion to establish a limited-term loan the ranking member of the Small Busi- come completely Y2K compliant, and program whereby SBA guarantees the ness Committee. national studies have found that the principal amount of a loan made by a The PRESIDING OFFICER (Mr. majority of small businesses in the private lender to assist small busi- CRAPO). The Senator from Massachu- United States are not ready and they nesses in correcting Year 2000 com- setts is recognized. are not even preparing. Specifically, puter problems. The problem will also Mr. KERRY. I thank the Chair. I the 1998 ‘‘Survey of Small and Mid- provide working capital loans to small thank my colleague, the chairman of Sized Business’’ by Arthur Andersen businesses that incur substantial eco- the committee. I thank him for his Enterprise Group and National Small nomic injury suffered as a direct result work on this act and for his leadership Business United found that only 62 per- of its own Y2K computer problems or within the committee so that we can cent of all small- and mid-sized busi- some other entity’s Y2K computer proceed as he has described. nesses have even begun addressing Y2K problems. Most of the media attention with re- issues. The good news is that a greater Each lender that participates in the spect to the Y2K problem has been on percentage of small- and mid-sized SBA’s 7(a) business loan program is eli- big businesses, the challenges they face businesses are preparing for Y2K than gible to participate in the Y2K loan and the costs they are going to bear in last summer. The bad news is that they program. This includes more than 6,000 order to fix the problem. But as my have only just begun that process and a lenders located across the country. To colleague has mentioned, small busi- significant group is taking a ‘‘wait and ensure that the SBA can roll out the nesses face the same effects of Y2K as see’’ approach. loan program promptly, the act per- big businesses. However, they often On a local level, Y2K consultants and mits a lender to process Y2K loans pur- have little or no resources available to commercial lenders in Massachusetts, suant to any of the procedures that the devote to detecting the extent of the from Bank Boston to the Bay State SBA has already authorized for that problem or to developing a workable Savings Bank, tell us of reactions to lender. Moreover, to assist small busi- and cost-effective solution. That is why the Y2K dilemma that vary from com- ness that may have difficulty sustain- we on the Small Business Committee plete and total ignorance, or complete ing sufficient cash flows while develop- are proceeding with this particular re- and total denial, to paralysis or simply ing Y2K solutions, the loan program sponse which I think is most impor- to apathy. will permit flexible financing terms so tant. I will give you an example. Bob Mil- small businesses are able to service the It is in our economic best interest to ler, the president of Cambridge Re- new debt with available cash flow. For make sure that all of our small busi- source Group in Braintree, MA, shared example, under certain circumstances, nesses, some 20 million if we include with us what he has observed. Though a borrower may defer principal pay- the self-employed—are up and running his company specializes in the Y2K ments for up to a year. Once the Y2K soundly and effectively, creating jobs compliance of systems with embedded problem is behind us, the act provides and providing services, on and after processors for Fortune 1000 companies that the loan program will sunset. January 1 of the year 2000. and large State projects, he knows how To assure that the loan program is There are a lot of questions about real the technology problem is and how made available to those small busi- what the full impact of the Y2K prob- expensive a consultant can be. He has nesses that need it and to increase lem is going to be. Is it going to bring tried to help small companies through awareness of the Y2K problem, the leg- a whole series of nationwide glitches? free seminars, but literally no one islation requires that SBA market this Could it, in fact, induce a worldwide re- shows up. One time, in Maine, only 2 program aggressively to all eligible cession? out of 400 companies responded. ‘‘Small lenders. Awareness of this loan pro- One hears differing opinions on the businesses just don’t get it. Many gram’s availability is of paramount im- extent of that. I was recently at the think it is a big company problem, but portance. Financial institutions are World Economic Forum in Davos, Swit- it is not. It will bite them,’’ says Mr. currently required by federal banking zerland, and there was a considerable Miller. He advises companies to start regulators to contact their customers amount of focus there from sizable now, and to build a contingency plan to ensure that they are Y2K compliant. numbers of companies on this issue. I first, because it is so late in the game. S2062 CONGRESSIONAL RECORD — SENATE March 2, 1999 The owner of Coventry Spares, Ltd., If you own your own facility, you most cases, in less than 48 hours. So for a vintage motorcycle parts company, have to ask yourself, Is the security those who fear paperwork or fear the would not disagree with that. John system going to need an upgrade? What old reputation of some Government Healy was one of those small business will the replacement cost be? Will sim- agencies, we believe this is a place owners who thought it was somebody ple things work? Will the sprinklers in where they can find a quick answer and else’s problem. It couldn’t happen to your plant work? What happens if quick help to their problems. We ex- him. Luckily for John Healy and his there is a fire? If you own a dry clean- pect the average Y2K loan to be less business, he got a scare and so he de- ing store and you hire a consultant to than $100,000. cided to test his computer system by assess the equipment in your franchise, In addition, Mr. President, to give creating a purchase order for motor- will remediation eat up all of your lenders an incentive to make 7(a) loans cycle pistons with a receivable date of profit and set you back? to small businesses for Y2K problems, early January 2000. So what happened These are the basic questions of any the act raises the Government guaran- when he put the order into his system? small business person in this country. ties of the existing program by 10 per- He punched a key and he waited for his Some business owners literally cannot cent, from 80 percent to 90 percent for software to calculate how many days it afford to hear the answers to those loans of $100,000 or less, and from 75 to would take to receive the order. He got questions. It may come down to a 85 percent for loans of more than back a series of question marks. choice between debt or dissolution, or $100,000. Under special circumstances, Then he turned to the company’s rolling the dice, which is what a lot of the act also raises the dollar cap of software that publishes its ‘‘Vintage small companies are deciding to do. loan guarantees from $750,000 to $1 mil- Bikes’’ magazine and he tested it with They say to themselves: I can’t really lion for Y2K loans. Eligible lenders can use the SBA Ex- a 2000 date. His indispensable machine afford to do it, I am not sure what the press Pilot Program to process Y2K told him the date was not valid. implications are, I am small enough loans. Under this pilot, lenders can use Mr. Healy’s computer problems are, that I assume I can put the pieces to- their own paperwork and make same- ironically, compounded by his own gether at the last moment—so they are day approval, so there can be a stream- Yankee ingenuity. As his business going to roll the dice and see what hap- evolved, he combined and customized a lined process without a whole lot of du- pens. plication for small businesses, which mishmash of computer systems. It There is another problem with wait- we know is one of the things that most saved money, it worked well, handling ing. Just as regulators have forced drives small business people crazy. The everything from the payroll to inven- lenders to bring their systems into tradeoff for the ease and loan approval tory management, but making these compliance, the lenders themselves are autonomy is a greater share of the loan software programs of the various com- now requesting the same compliance of risk. Unlike the general 7(a) loans, puters Y2K-compliant is all but impos- existing borrowers and loan applicants. SBA Express Pilot loans are guaran- sible. As Mr. Healy said: In Massachusetts, for instance, the ‘‘[These programs] handle 85 percent of the teed at 50 percent. Danvers Savings Bank, one of the We know that many small-business business that makes me money. If I didn’t fix State’s top SBA lenders, has stated this by the year 2000, I couldn’t do anything. owners also have shoestring budgets, I’d be a dead duck in the water.’’ publicly that it will not make loans to and that they are going to be hard- When all is said and done, Mr. Healy businesses unless they are in control of pressed to pay for another monthly ex- estimates he is going to pay more than their Y2K problems. The bank fears pense. With this in mind, we have de- $20,000 to become Y2K-compliant, and that if a small company isn’t prepared signed the Small Business Year 2000 that includes the cost of new hardware, for Y2K problems, it could adversely af- Readiness Act to encourage lenders to operating system and database soft- fect its business, which could then, ob- work with small businesses addressing ware and conversion. viously, adversely affect the loan that Y2K-related problems by arranging for So, how do we reach those small busi- the bank has made and the small busi- affordable financing terms. For exam- ness owners who have been slow to act, ness ability to repay the loan, which ple, when quality of credit comes into or who, to date, have no plans at all to adversely affects the bottom line for question, lenders are directed to re- act? How do we help them facilitate as- the bank. solve reasonable doubts about the ap- sessment and remediation of their busi- The Year 2000 Readiness Act gives el- plicant’s ability to repay the debt in nesses? We believe the way we do that igible business owners a viable option. favor of the borrower. And, when war- is by making the solution affordable. And that is why we ask our colleagues ranted, borrowers can get a morato- According to the same Andersen and to join in supporting this legislation rium for up to 1 year on principal pay- NSBU study that I quoted a moment today. ments on Y2K 7(a) loans, beginning ago, 54 percent of all respondents said This legislation will make it easy for when the loans are originated. ‘‘affording the cost [was the] most dif- lenders, and timely for borrowers, and Mr. President, one final comment. As ficult challenge in dealing with infor- it is similar to the small business loan important as this Y2K loan program is, mation technology.’’ bill that I introduced last year in Con- in my judgment, it has to be available That sentiment was echoed by David gress. It expands the 7(a) loan program, in addition to, not in lieu of, the exist- Eddy, who is a Y2K consultant who one of the most popular and successful ing 7(a) program. It is a vital capital owns Software Sales Group in Boston, guaranteed lending programs of the source for small businesses. We pro- and who testified before the Small Small Business Administration. vided 42,000 loans in 1998, and they to- Business Committee when we were put- Currently, this program gives small taled $9 billion. That is not an insig- ting this legislation together last June. businesses credit, including working nificant sum. What we do not want to Mr. Eddy recently wrote: capital, to grow their companies. If the have happen is to diminish the eco- ‘‘Basically, all of our customers are having Year 2000 Readiness Act is enacted, nomic up side of that kind of lending. trouble paying for Y2K. . ..The cost varies those loans can be used until the end of With defaults down—and they are—and from client to client, but no business has the year 2000 to address Y2K problems recoveries up and the Government’s ‘‘extra’’ money around, so they are strug- ranging from the upgrade or replace- true cost under the subsidy rate at 1.39 gling.’’ ment of date-dependent equipment and percent, we should not create burdens So, Mr. President, cost is a very le- software to relief from economic injury that would slow or reverse the positive gitimate, albeit risky, reason to delay caused by Y2K disruptions, such as trend that we have been able to create. addressing the Y2K problem—saving power outages or temporary gaps in de- To protect the existing 7(a) program, until you are a little ahead or waiting liveries of supplies and inventory. we have to make certain that it is ade- until the last possible moment to take The terms of 7(a) loans are very fa- quately funded for fiscal years 1999 and on new debt to finance changes. Those miliar to those, obviously, within the 2000. And because the Y2K loan pro- are strategies that many companies small business community, and they gram is going to be part of the 7(a) are forced to adopt, but those are strat- have taken advantage of them. The business lending program, funds that egies that can still leave you behind fact is, these loans are very easy to have already been appropriated for the the eight ball as of January 1, year apply for and to process. They are 7(a) program can be used for the Y2K 2000. structured to be approved or denied, in loan program. March 2, 1999 CONGRESSIONAL RECORD — SENATE S2063 Already this year, demand for that will begin consideration of a resolution believe the problem is serious enough lending is running very high. Typi- to fund this special committee dealing to worry about. Fortunately, the Small cally, the demand for 7(a) loans in- with the Y2K issues. Business Year 2000 Readiness Act, tries creases by as much as 10 percent in the I noticed on one of the morning tele- to address this problem as well as other spring and in the summer. So we are vision shows that we are getting some credit issues, facing small businesses. entering the high season of cyclical good coverage and discussion in the First and foremost, it allows the Small lending within the SBA itself. If that media about the Y2K problem, and Business Administration the authority holds true for the current fiscal year, today certainly the Senate has ex- to expand its guaranteed loan program the program may use nearly all of its plored in many, many different aspects to provide these businesses with the funds to meet the regular loan demand. how we can help smooth the transition means to continue operating success- There may be even greater demand for to January 1, 2000, and beyond, when fully after January 1, 2000. Moreover, it Y2K lending as people become more computers, if they are not fixed, might will provide technical assistance in aware of the problem with increased think that it is 1900 all over again. order to help educate lenders and small publicity and discussion of it in a na- Mr. President, we invite Members firms about the dangers that lie ahead. tional dialogue. who want to come down to speak on And, finally, this measure allows small Under these circumstances, we need this issue to do so. We hope they will businesses to use Y2K loan proceeds to to be diligent about monitoring the have some time. We have 20 minutes offset economic injury sustained after 7(a) loan program to make certain more. And after, I may use some time the year 2000, due to associated com- there is adequate funding. I appreciate on another matter, but I want to find puter glitch problems. that Chairman BOND, who also serves out if there are other Members who Mr. President, with less than a year on the Appropriations Committee, wish to address the Y2K problem first. to go, and many small businesses not shares this concern and has agreed to I yield the floor. prepared for the unforeseeable con- work with me to secure the necessary Ms. LANDRIEU. Mr. President, today sequences, Congress must respond ex- funds targeted specifically for the Y2K I rise in support of S. 314, the Small peditiously with the passage of this loan program, and I thank Chairman Business Year 2000 Readiness Act. I legislation. Without adequate capital BOND for his commitment. also want to thank Chairman BOND and and computer related costs that could I also thank Senators BENNETT and Senator KERRY for their leadership on result in millions of dollars of dam- DODD and the Small Business Adminis- this issue. Without this legislation a ages, the economic consequences could tration for working with our commit- large percentage of the 97,000 small be severe. This legislation is a very tee on this important initiative. We businesses in Louisiana and nearly 5 positive step to help mitigate the po- have tackled some tough policy issues, million small business nationwide tential loss of thousands of small busi- and the give-and-take, I believe, has would not have access to needed credit nesses and the associated impact on made this legislation more helpful for necessary to repair Year 2000 computer our States’ and national economies. businesses that face the Y2K problems. problems. I ask that my colleagues join me in I am very hopeful that all of our col- According to recent studies and in- support of this critical legislation and leagues will join with us in voting yes formation provided to the Senate know that the Congress will be able to today and that our friends on the Small Business Committee, as esti- send a positive message with the enact- House side will act as quickly as pos- mated 750,000 small businesses are at ment of this legislation in the very sible to pass S. 314. It is, obviously, a risk of being temporarily shut down or near future. good program that will have a profound incurring significant financial loss. An- Thank you, I yield the floor. impact on the year 2000 and on the other four million businesses could be Mr. KERRY addressed the Chair. long-term economic prospects of our affected in other ways. In fact, any The PRESIDING OFFICER. The Sen- Nation. small business is at risk if it uses any ator from Massachusetts. Mr. President, I reserve the remain- computers in its business or related Mr. KERRY. Mr. President, I yield 3 der of our time. computer applications. For example, minutes to the Senator from Vermont. Mr. BOND addressed the Chair. any e-commerce business or other busi- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Senator nesses that use credit card payments, ator from Vermont is recognized for 3 BOND. the use of a service bureau for its pay- minutes. Mr. BOND. Mr. President, I thank the roll, or automated manufacturing Mr. LEAHY. Mr. President, there ranking member, once again. His work equipment could be affected. It is dif- have been a number of hearings on on this measure, as so many others, ficult to predict how serious the impli- Y2K. One was held yesterday in the Ju- and the work of his staff has been es- cations could be. But it is clear that if diciary Committee. And in that meet- sential to assuring a product that the Congress does not act, millions of ing I offered a very simple and direct meets the needs of small business and small businesses, so important to our principle: Our goal should be to encour- also deals with legitimate concerns national economy, and millions of fam- age Y2K compliance. No matter how which were raised initially by the SBA ilies dependent on these enterprises much we talk about liabilities or who and others, and we are grateful to him will suffer greatly. is to blame, or anything else, the bot- for that effort. I thank him for his A recent survey conducted on behalf tom line is for people who want to go strong leadership and the very compel- of National Federation of Independent from December 31 to January 1, at the ling case he makes. Business, NFIB, by Arthur Andersen end of this year, we should look for Obviously, all the members of the indicated that many small businesses compliance. That is what we are doing Small Business Committee believe very will incur significant costs to become by passing this, the Small Business strongly that small business needs Y2K compliant and are very concerned. Year 2000 Readiness Act, S. 314. It of- some help, and we would love to have The survey found that to become Y2K fers help to small businesses working more people talking about the Y2K compliant, 29 percent of small to me- to remedy their computer systems be- problem, but I should advise my col- dium sized businesses will purchase ad- fore the millennium bug hits. leagues, and those who are watching, ditional hardware, 24 percent will re- I want to commend Senators BOND that there is, as we speak, a hearing place existing hardware and 17 percent and KERRY for their bipartisan leader- going on in the Y2K Committee where will need to convert their entire com- ship in the Small Business Committee Senator DODD and Senator BENNETT are puter system. Then, when asked their on this bill. It is going to support small exploring some of the other issues. most difficult challenge relating to businesses around the country in the This is really ‘‘Y2K Day’’ in the Sen- their information technology, more Y2K remedial efforts. I am proud to be ate because, as I stated in the opening, than 54 percent of the businesses sur- a cosponsor of this legislation. when we finish the vote on this meas- veyed cited ‘‘affording the cost.’’ We know that small businesses are ure—which I hope will be overwhelm- However, according to the NFIB, the backbone of our economy, whether ing in favor of it—there will be a con- while these studies indicated many are it is the corner market in a small city, fidential hearing regarding the Y2K worried, 40 percent of small businesses or the family farm, or a smalltown doc- issue in room S–407, and at 2:15 p.m., we don’t plan on taking action or do not tor. In my home State of Vermont, 98 S2064 CONGRESSIONAL RECORD — SENATE March 2, 1999 percent of the businesses are small nesses prepare for 2000. Hundreds of millennium? Is it not at least as likely businesses. They have limited re- small business owners from across Ver- to have just the opposite effect? Why sources. That is why it is important to mont attended the conference to learn should individuals, businesses and gov- provide these small businesses with the how to minimize or eliminate their ernments act comprehensively now if resources to correct their Y2K prob- Y2K computer problems. Vermonters the law is changed to allow you to lems —but to do it now. are working hard to identify their Y2K wait, see what problems develop and Last month, for example, I hosted a vulnerabilities and prepare action then use the 90-day ‘‘cooling off’’ pe- Y2K conference in Vermont to help plans to resolve them. They should be riod after receiving detailed written small businesses prepare for the year encouraged and assisted in these im- notice of the problem to think about 2000. Hundreds of small business owners portant efforts. coming into compliance? Why not wait from across Vermont attended this This is the right approach. We have and see what solutions are developed conference. They took time out of their to fix as many of these problems ahead by others and draw from them later in work so they could learn how to mini- of time as we can. Ultimately, the best the three-month grace period, after the mize or eliminate Y2K computer prob- business policy and the best defense harm is done and only if someone com- lems. Those who could not join us at against Y2K-based lawsuits is to be plains? the site joined us by interactive tele- Y2K compliant. I would rather continue the incen- vision around the State. I am studying the Report from our tives our civil justice systems allows to Vermonters are working hard to Special Committee on the Year 2000 encourage compliance and remediation identify their vulnerabilities. They Technology Problem and thank Chair- efforts now, in advance of the harm. I should be encouraged and assisted in man BENNETT and Vice Chairman DODD would rather reward responsible busi- these efforts. That is the right ap- for the work of that Committee. I note ness owners who are already making proach. The right approach is not to that they are just beginning their as- the investments necessary to have seek blame but to fix as many of the sessment of litigation. As they indicate their computer systems fixed for Y2K. problems ahead of time as we can. Ulti- in the Report released today: ‘‘The I sense that some may be seeking to mately, the best business policy—actu- Committee plans to hold hearings and use fear of the Y2K millennium bug to ally, the best defense against Y2K- work closely with the Judiciary and revive failed liability limitation legis- based lawsuits—is to be Y2K compli- Commerce Committees to make legis- lation of the past. These controversial ant. lative proposals in this area.’’ proposals may be good politics in some The prospect of Y2K problems re- I understand that the Special Com- circles, but they are not true solutions quires remedial efforts and increased mittee is planning hearings on Y2K to the Y2K problem. Instead, we should compliance, not to look back on Janu- litigation soon. As best anyone has be looking to the future and creating ary 1 and find out who was at fault but been able to indicate to me, only 52 incentives in this country and around to look forward on March 2 and say Y2K-related lawsuits have been com- the world for accelerating our efforts what can we do to fix it. menced to date. Of those, several have to resolve potential Y2K problems be- Unfortunately, not all small busi- already been concluded with 12 having fore they cause harm. nesses are doing enough to address the been settled and 8 dismissed. I also share the concerns of the Spe- year 2000 issue because of a lack of re- At our Judiciary Committee hearing cial Committee that ‘‘disclosure of Y2K sources in many cases. They face Y2K earlier this week we heard from a small compliance is poor.’’ We just do not problems both directly and indirectly businessman from Michigan who was have reliable assessments of the prob- through their suppliers, customers and one of the first Y2K plaintiffs in the lem or of how compliance efforts are financial institutions. As recently as country. He had to sue to obtain relief going. In particular, I remain espe- last October the NFIB testified: ‘‘A from a company that sold him a com- cially concerned with the Special Com- fifth of them do not understand that puter and cash register system that mittee’s report that: ‘‘Despite an SEC there is a Y2K problem. . . . They are would not accept credit cards that ex- rule requiring Y2K disclosure of public not aware of it. A fifth of them are cur- pired after January 1, 2000 and crashed. rently taking action. A fifth have not We also heard from an attorney who corporations, companies are reluctant taken action but plan to take action, prevailed on behalf of thousands of doc- to report poor compliance.’’ I have and two-fifths are aware of the problem tors in an early Y2K class action heard estimates that hundreds if not but do not plan to take any action against a company that provided medi- thousands of public companies are not prior to the year 2000.’’ Indeed, the cal office software that was not Y2K in compliance with SEC disclosure Small Business Administration re- compliant. rules designed to protect investors and cently warned that 330,000 small busi- Recent legislative proposals by Sen- the general public. nesses are at risk of closing down as a ator HATCH and by Senator MCCAIN I hope that the Special Committee result of Y2K problems, and another raise many questions that need to be will follow through on its announced 370,000 could be temporarily or perma- answered before they move forward. I ‘‘plans to address certain key sectors nently hobbled. look to the hearings before the Special in 1999 where there has been extreme Federal and State government agen- Committee and to additional hearings reluctance to disclose Y2K compli- cies have entire departments working before the Judiciary Committee to ance.’’ We should not be rewarding on this problem. Utilities, financial in- gather the factual information that we companies that have not fulfilled their stitutions, telecommunications compa- need in order to make good judgments disclosure responsibilities by providing nies, and other large companies have about these matters. We heard Monday them any liability limitation protec- information technology divisions of a number of serious concerns from tions. working to make corrections to keep the Department of Justice with these On the contrary, after all the talk their systems running. They have ar- recent proposals. Those concerns are earlier this year about the importance mies of workers—but small businesses real and need to be addressed. of the rule of law, we ought to do more do not. If we do not proceed carefully, broad to enforce these fundamental disclo- Small businesses are the backbone of liability limitation legislation could sure requirements. As the Special Com- our economy, from the city corner reward the irresponsible at the expense mittee reports: ‘‘Without meaningful market to the family farm to the of the innocent. That would not be fair disclosure, it is impossible for firms to small-town doctor. In my home State or responsible. Removing accountabil- properly assess their own risks and de- of Vermont, 98 percent of the busi- ity from the law removes one of the velop necessary contingency plans. nesses are small businesses with lim- principal incentives to find solutions Disclosure is also important in the ited resources. That is why it is so im- before problems develop. context of congressional oversight. The portant to provide small businesses Why would congressional consider- Special Committee will continue to with the resources to correct their Y2K ation or passage of special immunity promote this important goal in 1999.’’ problems now. legislation make anyone more likely to The Senate should do nothing to under- Last month, I hosted a Y2K con- expend the resources needed to fix its cut this effort toward greater disclo- ference in Vermont to help small busi- computer systems to be ready for the sure in accordance with law. March 2, 1999 CONGRESSIONAL RECORD — SENATE S2065 Sweeping liability protection has the If, after careful study, there are As we all know, this problem stems potential to do great harm. Such legis- other reasonable efforts that Congress from a simple glitch—how the more lation may restrict the rights of con- can make to encourage more computer than 200 million computers in the sumers, small businesses, family farm- preparedness for the millennium, then United States store the date within ers, State and local governments and we should work together to consider their internal clocks. the Federal Government from seeking them and work together to implement Some computers and software may redress for the harm caused by Y2K them. not run or start if the internal clock computer failures. It seeks to restruc- Legislative proposals to limit Y2K li- fails to recognize ‘‘00’’ as a proper year. ture the laws of the 50 states through ability now pending before the Com- The computer can continue waiting for federal preemption. Moreover, it runs merce and Judiciary Committees were you to enter what it thinks is a correct the risk of discouraging businesses printed in last Wednesday’s CONGRES- date and prevent you from accessing from taking responsible steps to cure SIONAL RECORD. Given the significant your records until you have done so. their Y2K problems now before it is too impact these bills might have on State Without access to your records, you late. contract and tort law and the legal will be unable to track your inventory, By focusing attention on liability rights of all Americans, I trust that sales, or even your bank accounts. limiting proposals instead of on the the Senate will allow all interested I began to wonder what the effects disclosures and remedial steps that Committees to consider them carefully would be on small business when the need to be taken now, Congress is being before rushing to pass liability limita- Commerce Committee held a hearing distracted from what should be our tion provisions that have not been jus- on the issue last year. And after ques- principal focus—encouraging Y2K com- tified or thoroughly examined. tioning officials, specifically Deputy pliance and the prompt remedial ef- The prospect of Y2K problems re- Secretary of Commerce Robert forts that are necessary now, in 1999. quires remedial efforts and increased Mallett, it became evident that many The international aspect of this prob- compliance, which is what the ‘‘Small small businesses simply didn’t have the lem is also looming as one of the most Business Year 2000 Readiness Act,’’ kind of time and resources that many important. As Americans work hard to S.314, will promote. It is not an excuse larger business may have at their dis- bring our systems into compliance, we for cutting off the rights of those who posal to fix this potentially serious encounter a world in which other coun- will be harmed by the inaction of oth- problem. tries are not as far along in their ef- ers, turning our States’ civil justice ad- At the Maine forums I sponsored last forts and foreign suppliers to U.S. com- ministration upside down, or immuniz- year as a member of both the Com- panies pose significant risks for all of ing those who recklessly disregard the merce and Small Business Committees, us. This observation is supported by coming problem to the detriment of I worked to educate small businesses the Report of the Special Committee, their customers and American consum- on the Y2K threat, and it was a learn- as well. We must, therefore, consider ers. ing experience for me as well. whether creating a liability limitation Ms. SNOWE. Mr. President, I rise The impact of Y2K on the small busi- model will serve our interests inter- today in support of the Small Business ness community could be devastating. nationally. Year 2000 Readiness Act, of which I am According to a National Federation of The Administration is working hard an original cosponsor. Independent Business and Wells Fargo to bring the Federal Government into I would like to begin by thanking Bank study, 82 percent of small busi- compliance. President Clinton decided Senator BOND, who serves as Chairman to have the Social Security Adminis- of the Senate Small Business Commit- nesses are at risk. Fortunately, it doesn’t have to be tration’s computers overhauled first tee, for his leadership on this impor- that way. With the benefit of foresight and then tested and retooled and re- tant issue. As a member of the Small and proper planning, we can diffuse tested, again. The President was able Business Committee and a Senator to announce on December 28 that social from a state where virtually all the this ticking time bomb and ensure that security checks will be printed without businesses are small businesses, I the business of the nation continues on any glitches in January 2000. That is strongly believe that assisting small without a hitch—or a glitch. From a technical standpoint, the progress. businesses prepare for the Year 2000 During the last Congress, I joined must be a top priority. necessary corrections are not difficult with a number of other interested Sen- So many aspects of our lives are in- to make. However, determining that ators to introduce and pass into law fluenced by computers. I believe the there’s a problem, finding people quali- the consensus bill known as ‘‘The Year Y2K computer glitch is an issue of such fied to fix the problem, and crafting a 2000 Information and Readiness Disclo- importance that it demands decisive solution to fit the individual needs of sure Act.’’ We worked on a bipartisan action on our part, because any delay different computers and programs basis with Senator BENNETT, Senator at this point will make this problem poses significant challenges. DODD, the Administration, industry exponentially more difficult to solve. We must put ourselves in the posi- representatives and others to reach The bill before us today authorizes tion that a small business or entre- agreement on a bill to facilitate infor- loan guarantees for small businesses to preneur is in. Consider that this prob- mation sharing to encourage Y2K com- help with Y2K compliance. Loan guar- lem effects more than just your busi- pliance. The new law, enacted less than antees will permit small businesses to ness. By checking your system you are five months ago, is working to encour- assess their computers’ Y2K compat- only halfway to solving the problem. age companies to share Y2K solutions ibility, identify changes to assure com- You must also take time to ensure and test results. It promotes company- patibility, and finance purchase or re- your supplier, distributer, banker, and to-company information sharing while pair of computer equipment and soft- accountant are also ‘‘cured’’ of the not limiting rights of consumers. ware to ensure that is compatible with Year 2000 problem. The North American Electric Reli- Y2K. The loans will also allow small For example, if you manufacture a ability Council got a great response businesses to hire third party consult- product on deadline, you’ll want to from its efforts to obtain detailed Y2K ants to support their efforts. make sure your computers will be able information from various industries. Maine has an historical record of to keep track of your delivery sched- We also know that large telephone self-reliance and small business enter- ule, inventory, and accounts receivable companies are sharing technical infor- prise, and I am extremely supportive of and payable. If your system fails to do mation over websites designed to assist the role the federal government can this, the consequences could be debili- each other in solving year 2000 prob- play in promoting small business tating for a business. lems. Under a provision I included, growth and development. Small busi- But think about this: suppose your that law also established a National nesses are increasingly essential to suppliers aren’t compatible, and their Y2K Information Clearinghouse and America’s prosperity, and they should system crashes. You may not receive Website at the General Services Ad- and will play a vital role in any effort the raw materials you need to get your ministration. That website is a great to revitalize our communities if we product to market on time—devastat- place for small businesses to go to get help them enter the 21st Century in a ing if you’re in a ‘‘just in time’’ deliv- started in their Y2K efforts. strong position. ery schedule with your supplier. And S2066 CONGRESSIONAL RECORD — SENATE March 2, 1999 what happens when your shipper’s com- rather than fix them after failure. As provide small business owners road puters go down for the count? we count down the remaining months maps for addressing critical Y2K issues That is why it is so important that of this century, let’s give small busi- concerning accounting systems, com- we take steps to fix the problem now. nesses who have been the backbone of puterized production equipment, envi- The year 2000 is almost upon us, and our great economic prosperity access ronmental management systems, and each day that goes by trades away val- to the funds they need to correct the supplier vulnerabilities. uable time. Y2K computer bug. For many of our Once the Maine MEP completes an For the vast majority of businesses, small businesses, S. 314 could help keep assessment of technical Y2K problems, there are five simple steps toward com- them from suffering severe financial it instructs the small business owner pliance. First, awareness of the prob- distress or failure. on how to apply for a loan from the lem. Second, assessing which systems S. 314 requires the Small Business Small Business Administration. As it could be affected and prioritizing their Administration to establish a limited- turns out, this step is crucial. Small conversion or replacement. Third, ren- term government guaranteed loan pro- business owners have commented that, ovating or replacing computer systems. gram to guarantee loans made by pri- while they need help in determining Fourth, validating or testing the com- vate lenders to small businesses to cor- their Y2K exposure, it is just as impor- puter systems. And fifth, implementing rect their own Y2K problems or provide tant to have a place to turn for funding the systems. relief from economic injuries sustained so that they can take action to correct The bill before us today will help as a result of its own or another enti- possible problems. Because businesses small business address these steps, and ty’s Y2K computer problems. It offers often do not budget for Y2K problems, I urge my colleagues to join in an over- these loans at more favorable terms it is vital to give businesses some as- whelming show of support for our na- than other government guaranteed surance that they will be able to bor- tion’s small businesses by voting for loans available to small businesses and row the funds necessary to remediate this important legislation. it allows small businesses to defer in- their systems. The Small Business Mr. President, I yield the floor. terest for the first year. The bill report Year 2000 Readiness Act does exactly Mr. LEVIN. Mr. President, as a mem- language also includes a provision I that. ber of the Senate Small Business Com- suggested allowing the favorable terms My home State of Maine has over mittee and cosponsor of this legisla- of this lending program to be applied to 35,000 small businesses, which were re- tion, I am pleased the Senate is acting loans already granted to small busi- sponsible for all of the net new jobs expeditiously on S. 314, the Small Busi- nesses that were used primarily for created in our State from 1992 through ness Year 2000 Readiness Act. Making Y2K repairs but under less favorable 1996. With their diversity and innova- affordable government guaranteed terms than offered under this program. tion, small businesses are the backbone loans available to small businesses to Since this loan program already passed of our economy and the engine fueling correct the computer problem associ- the Senate last year as a component of job growth. ated with the Year 2000, or Y2K, is a a larger bill, some small businesses Mr. President, by their very defini- critical part of that the federal govern- may have already made the decision to tion entrepreneurs are risk managers. ment can do to ensure that all busi- take out small business loans to pay In the years that I have been working nesses can become Y2K compliant by for Y2K repairs based on the reasonable with small businesses, I am aware of the turn of the century. expectation that this program would be countless experiences where the entre- As everyone knows by now, experts enacted into law. preneurial spirit has propelled business are concerned that on January 1, 2000, Ms. COLLINS. Mr. President, I rise in owners to overcome major obstacles to many computers will recognize a dou- support of S. 314, the Small Business succeed. With the financial assistance ble zero not as the year 2000 but as the Year 2000 Readiness Act. The bill estab- that this new SBA loan program will year 1900. This technical glitch could lishes a guaranteed loan program for offer, it is my expectation that small cause the computers to stop running small businesses in order to remediate businesses will indeed succeed in altogether or start generating erro- existing computer systems or to pur- squashing their Y2K bug. neous data. It is a serious problem that chase new Year 2000 compliant equip- Mr. MOYNIHAN. Mr. President, I am should be taken seriously by busi- ment. The loan program would be mod- delighted to see that the Senate passed nesses, large and small. eled after the Small Business Adminis- S. 314, the Small Business Year 2000 Unfortunately, surveys show that tration’s popular 7(a) loan program, Readiness Act, today. I introduced this many small businesses are not taking which has provided thousands of small bill with Senators CHRISTOPHER S. the action they should be taking to fix businesses funding to grow their oper- BOND, JOHN F. KERRY, ROBERT F. BEN- the problem and as a result could face ations. NETT, CHRISTOPHER J. DODD, and OLYM- costly consequences on January 1, 2000. Many small businesses are having PIA SNOWE on January 27, 1999. S. 314 According to recent research, nearly 25 difficulty determining how they will be establishes a loan guarantee program percent of all businesses, of which 80 affected by the millennium bug and to help small businesses prepare for the percent are small companies, have not what they should do about it. Many of year 2000. Because our economy is begun to prepare for the serious system them face not only technological but interdependent, we must make sure issues that are predicted to occur on also severe financial challenges in be- that our small businesses are still up January 1, 2000. coming Y2K-compliant. This legisla- and running and providing services on One of the reasons for this lack of tion will help provide peace of mind to January 1, 2000. This bill will help en- preparedness by small businesses could the small business community sure that that is the case. be the lack of access to funds to pay for throughout the nation, which we must I began warning about the Y2K prob- the needed repairs. That is why the help prepare now for the coming crisis. lem 3 years ago. Since that time, peo- Senate Small Business Committee re- The Small Business Year 2000 Readi- ple have begun to listen and progress ported by a unanimous vote this legis- ness Act would encourage business to has been made on the Y2K front. The lation to establish a special loan pro- focus on Year 2000 computer problems federal government and large corpora- gram for small businesses to pay for before they are upon us. A successful tions are expected to have their com- Y2K repairs. Our hope is to move this program being operated in my State puters functioning on January 1, 2000. legislation expeditiously through the underscores the benefits to such fore- Good news indeed. But small businesses 106th Congress so that the special loan thought. continue to lag behind in fixing the program established by this bill will be Through the efforts of the Maine millennium problem. I am confident available in time to do Y2K repairs. Manufacturing Extension Partnership that the Readiness Act will help small The full extent of the year 2000 problem (MEP), a program funded through the businesses remediate their computer is unknown, but we can reduce the pos- National Institutes of Science and systems and I urge the House to con- sibility of problems by taking action Technology, small businesses have sider it forthwith. There is no time to now. been successful in addressing their Y2K waste. System failures can be costly and problems. With the use of an assess- Mr. JEFFORDS. Mr. President, most that’s why it’s better to avoid them ment tool, the Maine MEP is able to small businesses in Vermont rely on March 2, 1999 CONGRESSIONAL RECORD — SENATE S2067 electronic systems to operate. Many of step forward today to help small busi- year, we passed the Year 2000 Informa- these businesses are looking to the nesses prepare for the Year 2000 Prob- tion and Readiness Disclosure Act, Year 2000 with apprehension or out- lem. I am very concerned about Y2K’s which was an important first step in right despair. Small businesses rely on potential affect on small businesses removing any legal barriers that could microprocessors for manufacturing and rural communities, particularly in prevent individuals and companies equipment, telecommunications for my home state of Nebraska where tech- from doing everything possible to product delivery, and the mainstay of nology is increasingly playing a vital eliminate Year 2000 problems before data storage—computer chips. These role in all aspects of commerce. In ad- they happen. I was particularly grati- businessmen and women are concerned dition to the many small businesses fied that I was able to work with Sen- about the financial effects of the Year that use technology in everyday trans- ators HATCH and LEAHY to include the 2000 Computer Bug will have on their actions, Nebraska is home to a growing provisions of my temporary antitrust efforts to remedy the problem, as well high-technology industry that could be immunity bill, S. 2384, in last year’s as those after-effects caused by system derailed if we fail to take additional act. However, as I said at the time, the failures. This is why I firmly believe steps to solve the Year 2000 problem. Disclosure Act must be understood as that the quick enactment of Senator High-technology companies account only the first step in our efforts to deal BOND’s bill, S. 314, the Small Business for a significant portion of Nebraska’s with this problem. Senator BOND’S bill, Year 2000 Readiness Act should be a top economic output. According to the along with the liability bills working priority for Congress. United States Bureau of Labor Statis- their way through the Commerce and The legislation will go a long way to- tics, forty-four of every one-thousand Judiciary Committees, on which I sit, ward providing vitally needed loans for private sector workers in Nebraska are are the next logical steps in this ongo- the nation’s small businesses. This bill employed by high-tech firms at an av- ing effort. serves three purposes: first, it will au- erage salary of $37,000. Astonishingly, Countless computer engineers and ex- thorize the U.S. Small Business Admin- that’s nearly $15,000 more than the av- perts are busy right now trying to istration (SBA) to expand its guaran- erage private sector wage. solve or minimize the Year 2000 and re- lated date failure problems. Part of teed loan program so eligible small This rapidly growing sector of Ne- what makes this problem so difficult to businesses have the means to continue braska’s economy is a testament to the address is that there is no one Year operating successfully after January 1, ingenuity and work ethic that charac- 2000 problem. There are countless dis- 2000. Second, the bill will allow small terize the citizens of our state. From tinct date failure problems, and no one businesses to use Y2K loan proceeds to the data processing industry in Omaha silver bullet will solve them all. The offset economic injury sustained after to the telecommunications and tech- absence of any readily-available one- the year 2000 as a result of Y2K prob- nology interests in Lincoln to elec- size-fits-all solution poses particularly lems. Third, the legislation will high- tronic retail commerce and agri- serious challenges for small business. business interests in the panhandle, light those potential vulnerabilities The Small Business Year 2000 Readi- Nebraskans are using and developing small businesses face from Y2K so ness Act addresses this problem by pro- small businessmen and women under- unique technologies to improve their viding loan guarantees to small busi- stand the risks involved. lives. It’s clear that the information nesses to remedy their year 2000 prob- Unfortunately, while many small age has arrived on the plains as nearly lems. The act provides the necessary businesses are well aware of the Y2K one-fourth of Nebraska’s exports come resources so that small businesses can Millennium Bug, recent surveys indi- through high-tech trade. nip this problem in the bud, so that the Currently, Nebraska ranks 32nd in cate that a significant proportion of Year 2000 problem does not become the high-tech employment and 38th in them do not plan on taking action be- Year 2000 disaster. cause they do not believe it is a serious high-tech average wage. The hard work The act is narrowly targeted at ena- enough threat. This bill will raise of community leaders across the state bling small business to remedy Year awareness of Y2K risks so small busi- has encouraged new technology compa- 2000 issues before they lead to costly nesses who may face problems will nies to put down roots in Nebraska. damages and even more costly litiga- choose to upgrade their hardware and One of my top priorities is fostering tion. Like the antitrust exemption I software computer systems. As costs of the continued development of advanced authored in the last Congress, this pro- doing so could be prohibitive for small communications networks and provid- vision automatically sunsets once the businesses the legislation will meet the ing Nebraska’s kids with the math, window of opportunity for avoiding financial needs of small businesses by science and technology skills they need Year 2000 problems closes. ensuring access to guaranteed SBA to become productive members of this Finally, let me say, that like Year loans. industry. Telemedicine, distance learn- 2000 Information and Readiness Disclo- The operation of this legislation will ing and other telecommunications sure Act we enacted last year, this law remain the same as the current SBA services offer exciting new possibilities does not offer a complete solution to loan program, where the agency guar- for our businesses, schools and labor the Year 2000 problem. There are many antees the principal amount of a loan force. I mention these successes, to un- aspects to this problem—both domestic made by a private lender to assist new derscore how important technology has and international—and there may be small businesses seeking to correct become not only to Nebraska’s econ- limits to what government can do to Y2K computer problems. Those lenders omy but to the nation’s economy. solve this problem. These loan guaran- currently participating in the SBA’s S. 314 provides a new resource to tees are one constructive step Congress 7(a) business loan program will also be guarantee that the nation’s small busi- can take. Another constructive step is able to participate in the Y2K loan pro- nesses, high-tech and otherwise, will to remove government-imposed obsta- gram by accessing additional guaran- have somewhere to turn to for finan- cles that limit the ability of the pri- teed loan funds. cial help in solving this difficult prob- vate sector to solve this problem. For Mr. President, I commend the efforts lem. I hope the House will follow the example, Congress needs to address the of Chairman BOND on this legislation Senate’s lead and quickly take up this liability rules that govern litigation and I hope for its quick enactment. important bill. over potential Year 2000 problems. While this legislation will not eradi- Mr. ASHCROFT. Mr. President, I That process is ongoing in both the cate the potential effects Y2K may want to take an opportunity to con- Commerce and Judiciary Committees, have on electronic systems, it will at gratulate the senior Senator from my and I look forward to working with my least ensure that resources are avail- home State for introducing and report- colleagues on both committees to able to those small businesses who try ing the Small Business Year 2000 Read- reach an acceptable approach that can to protect themselves from the threat, iness Act. This is an important bill be enacted quickly. or recuperate following a Y2K-related that I am happy to co-sponsor and sup- The remaining issues are difficult, difficulty. port. The bill represents an important but we cannot shrink from tackling the Mr. KERREY. Mr. President, I rise to step in Congress’ ongoing efforts to tough issues. Many have talked about make a few remarks concerning S. 314. limit the scope and impact of the Year the unprecedented prosperity gen- I am pleased that the Senate took a 2000 problem before it is too late. Last erated by our new, high-tech economy. S2068 CONGRESSIONAL RECORD — SENATE March 2, 1999 I want to make sure that the next cen- The result was announced—yeas 99, ‘‘(aa) the 20th or 21st centuries; or tury is driven by these high-tech en- nays 0, as follows: ‘‘(bb) the years 1999 and 2000; or gines of growth and is stamped made in [Rollcall Vote No. 28 Leg.] ‘‘(II) with regard to leap year calculations. ‘‘(B) ESTABLISHMENT OF PROGRAM.—The Ad- America. But we will not make the YEAS—99 ministration shall— next century an American Century by Abraham Enzi Lott ‘‘(i) establish a loan guarantee program, dodging the tough issues and hoping Akaka Feingold Lugar under which the Administration may, during the Year 2000 problem will just go Allard Feinstein Mack Ashcroft Fitzgerald McConnell the period beginning on the date of enact- away. We need to keep working toward Baucus Frist Mikulski ment of this paragraph and ending on De- a solution. Bayh Gorton Moynihan cember 31, 2000, guarantee loans made by eli- Resources to address the Year 2000 Bennett Graham Murkowski gible lenders to small business concerns in problem, particularly time, are finite. Biden Gramm Murray accordance with this paragraph; and Bingaman Grams Nickles ‘‘(ii) notify each eligible lender of the es- They must be focused as fully as pos- Bond Grassley Reed sible on remediation, rather than on Boxer Gregg Reid tablishment of the program under this para- unproductive litigation. This issue is Breaux Hagel Robb graph, and otherwise take such actions as Brownback Harkin Roberts may be necessary to aggressively market the all about time, and we have precious Bryan Hatch Rockefeller program under this paragraph. little left before the Year 2000 problem Bunning Helms Roth ‘‘(C) USE OF FUNDS.—A small business con- is upon us. I hope we can continue to Burns Hollings Santorum cern that receives a loan guaranteed under work together on legislation like this Byrd Hutchinson Sarbanes Campbell Hutchison Schumer this paragraph shall only use the proceeds of to free up talented individuals to ad- Chafee Inhofe Sessions the loan to— dress this serious threat. Cleland Inouye Shelby ‘‘(i) address the Year 2000 computer prob- Mr. President, I yield the floor. Cochran Jeffords Smith (NH) lems of that small business concern, includ- The PRESIDING OFFICER. Who Collins Johnson Smith (OR) ing the repair and acquisition of information Conrad Kennedy Snowe yields time? technology systems, the purchase and repair Coverdell Kerrey Specter of software, the purchase of consulting and Mr. BOND addressed the Chair. Craig Kerry Stevens other third party services, and related ex- The PRESIDING OFFICER. The Sen- Crapo Kohl Thomas penses; and ator from Missouri. Daschle Kyl Thompson DeWine Landrieu Thurmond ‘‘(ii) provide relief for a substantial eco- Mr. BOND. I ask unanimous consent Dodd Lautenberg Torricelli nomic injury incurred by the small business that the Senator from Kentucky, Sen- Domenici Leahy Voinovich concern as a direct result of the Year 2000 ator BUNNING, be added as a cosponsor Dorgan Levin Warner computer problems of the small business to the bill. Durbin Lieberman Wellstone concern or of any other entity (including any Edwards Lincoln Wyden The PRESIDING OFFICER. Without service provider or supplier of the small objection, it is so ordered. NOT VOTING—1 business concern), if such economic injury Mr. BOND. Mr. President, if there are McCain has not been compensated for by insurance or otherwise. no colleagues who wish to speak on the The bill (S. 314) was passed, as fol- Y2K bill, I ask unanimous consent that ‘‘(D) LOAN AMOUNTS.— lows: ‘‘(i) IN GENERAL.—Notwithstanding para- time continue to be charged against me S. 314 graph (3)(A) and subject to clause (ii) of this on S. 314 but that I may be permitted subparagraph, a loan may be made to a bor- to speak up to 5 minutes as in morning Be it enacted by the Senate and House of Rep- resentatives of the United States of America in rower under this paragraph even if the total business to introduce a piece of legisla- Congress assembled, amount outstanding and committed (by par- ticipation or otherwise) to the borrower from tion. SECTION 1. SHORT TITLE. The PRESIDING OFFICER. Without the business loan and investment fund, the This Act may be cited as the ‘‘Small Busi- business guaranty loan financing account, objection, it is so ordered. ness Year 2000 Readiness Act’’. (The remarks of Mr. BOND pertaining and the business direct loan financing ac- SEC. 2. FINDINGS. to the introduction of S. 495 are located count would thereby exceed $750,000. Congress finds that— ‘‘(ii) EXCEPTION.—A loan may not be made in today’s RECORD under ‘‘Statements (1) the failure of many computer programs to a borrower under this paragraph if the on Introduced Bills and Joint Resolu- to recognize the Year 2000 may have extreme total amount outstanding and committed tions.’’) negative financial consequences in the Year (by participation or otherwise) to the bor- The PRESIDING OFFICER. Under 2000, and in subsequent years for both large rower from the business loan and investment the previous order, the hour of 10:30 and small businesses; fund, the business guaranty loan financing a.m. having arrived, the Senate will (2) small businesses are well behind larger account, and the business direct loan financ- now proceed to vote on passage of S. businesses in implementing corrective ing account would thereby exceed $1,000,000. changes to their automated systems; ‘‘(E) ADMINISTRATION PARTICIPATION.—Not- 314. (3) many small businesses do not have ac- Mr. BOND. Mr. President, have the withstanding paragraph (2)(A), in an agree- cess to capital to fix mission critical auto- ment to participate in a loan under this yeas and nays been ordered? mated systems, which could result in severe paragraph, participation by the Administra- The PRESIDING OFFICER. They financial distress or failure for small busi- tion shall not exceed— have not. nesses; and ‘‘(i) 85 percent of the balance of the financ- Mr. BOND. I ask for the yeas and (4) the failure of a large number of small ing outstanding at the time of disbursement nays. businesses due to the Year 2000 computer of the loan, if the balance exceeds $100,000; The PRESIDING OFFICER. Is there a problem would have a highly detrimental ef- ‘‘(ii) 90 percent of the balance of the fi- sufficient second? fect on the economy in the Year 2000 and in nancing outstanding at the time of disburse- There is a sufficient second. subsequent years. ment of the loan, if the balance is less than The yeas and nays were ordered. SEC. 3. YEAR 2000 COMPUTER PROBLEM LOAN or equal to $100,000; and The PRESIDING OFFICER. The GUARANTEE PROGRAM. ‘‘(iii) notwithstanding clauses (i) and (ii), question is on the engrossment and (a) PROGRAM ESTABLISHED.—Section 7(a) of in any case in which the subject loan is proc- the Small Business Act (15 U.S.C. 636(a)) is essed in accordance with the requirements third reading of the bill. amended by adding at the end the following: applicable to the SBAExpress Pilot Program, The bill was ordered to be engrossed ‘‘(27) YEAR 2000 COMPUTER PROBLEM PRO- 50 percent of the balance outstanding at the for a third reading and was read the GRAM.— time of disbursement of the loan. third time. ‘‘(A) DEFINITIONS.—In this paragraph— ‘‘(F) PERIODIC REVIEWS.—The Inspector The PRESIDING OFFICER. The ‘‘(i) the term ‘eligible lender’ means any General of the Administration shall periodi- question is on passage of the bill. lender designated by the Administration as cally review a representative sample of loans The yeas and nays have been ordered. eligible to participate in the general busi- guaranteed under this paragraph to mitigate The clerk will call the roll. ness loan program under this subsection; and the risk of fraud and ensure the safety and The bill clerk called the roll. ‘‘(ii) the term ‘Year 2000 computer prob- soundness of the loan program. Mr. NICKLES. I announce that the lem’ means, with respect to information ‘‘(G) ANNUAL REPORT.—The Administration technology, and embedded systems, any shall annually submit to the Committees on Senator from Arizona (Mr. MCCAIN) is problem that adversely effects the process- Small Business of the House of Representa- necessarily absent. ing (including calculating, comparing, se- tives and the Senate a report on the results The PRESIDING OFFICER. Are there quencing, displaying, or storing), transmit- of the program carried out under this para- any other Senators in the Chamber de- ting, or receiving of date-dependent data— graph during the preceding 12-month period, siring to vote? ‘‘(I) from, into, or between— which shall include information relating to— March 2, 1999 CONGRESSIONAL RECORD — SENATE S2069 ‘‘(i) the total number of loans guaranteed cused significant attention on crime ful.’’ We all appreciate the hard truth under this paragraph; legislation. It doesn’t make any dif- in this observation. ‘‘(ii) with respect to each loan guaranteed ference which party controls the White While the juvenile crime bill was not under this paragraph— House or either House of Congress, the enacted, we have not always generated ‘‘(I) the amount of the loan; such restraint. The Meese Task Force ‘‘(II) the geographic location of the bor- opportunity to make our mark on the rower; and criminal law has been irresistible. In examined a number of other Federal ‘‘(III) whether the loan was made to repair fact, more than a quarter of all the crimes, such as drive-by shooting, or replace information technology and other Federal criminal provisions enacted interstate domestic violence, murder automated systems or to remedy an eco- since the Civil War—a quarter of all committed by prison escapees, and oth- nomic injury; and Federal criminal provisions since the ers, that encroach on criminal activity ‘‘(iii) the total number of eligible lenders Civil War—have been enacted in the 16 traditionally handled by the States— participating in the program.’’. years since 1980, more than 40 percent almost reaching the point that jay- (b) GUIDELINES.— walking in a suburban subdivision (1) IN GENERAL.—Not later than 30 days of those laws have been created since 1970. could become a Federal crime because after the date of enactment of this Act, the that street may lead to a State road Administrator of the Small Business Admin- In fact, at this point the total num- istration shall issue guidelines to carry out ber is too high to count. Last month, a which may lead to a Federal road. You the program under section 7(a)(27) of the task force headed by former Attorney see where we are going. The Task Small Business Act, as added by this section. General Edwin Meese and organized by Force found that federal prosecution of (2) REQUIREMENTS.—Except to the extent the American Bar Association released those traditional State crimes was that it would be inconsistent with this sec- a comprehensive report. The best the minimal or nonexistent. Given the tion or section 7(a)(27) of the Small Business task force could do was estimate the dearth of Federal enforcement, one is Act, as added by this section, the guidelines tempted to conclude that maybe the Federal crimes to be over 3,300. Even issued under this subsection shall, with re- Federal laws do not encroach and that that doesn’t count the nearly 10,000 spect to the loan program established under any harm to State authority from pas- Federal regulations authorized by Con- section 7(a)(27) of the Small Business Act, as sage of these laws is similarly mini- added by this section— gress that carry some sort of sanction. mal. But the task force debunks the (A) provide maximum flexibility in the es- I have become increasingly con- notion that federalization is ‘‘cost- tablishment of terms and conditions of loans cerned about the seemingly uncontrol- originated under the loan program so that free.’’ lable impulse to react to the latest Federalizing criminal activity al- such loans may be structured in a manner headline-grabbing criminal caper with that enhances the ability of the applicant to ready covered by State criminal laws repay the debt; a new Federal prohibition. I have to that are adequately enforced by State (B) if appropriate to facilitate repayment, admit, I supported some of the initia- or local law enforcement authorities establish a moratorium on principal pay- tives. Usually, the expansion of Federal raises three significant concerns, even ments under the loan program for up to 1 authority by the creation of a new Fed- if the Federal enforcement authority is year beginning on the date of the origination eral crime is only incremental. Some not exercised. of the loan; crime proposals, however, are more First, dormant Federal criminal laws (C) provide that any reasonable doubts re- sweeping, and they invite Federal en- may be revived at the whim of a federal garding a loan applicant’s ability to service forcement authority into entirely new the debt be resolved in favor of the loan ap- prosecutor. Even the appearance—let plicant; and areas traditionally handled by State alone the actual practice—of selec- (D) authorize an eligible lender (as defined and local law enforcement. tively bringing Federal prosecutions in section 7(a)(27)(A) of the Small Business In the last Congress, for example, the against certain individuals whose con- Act, as added by this section) to process a majority on the Senate Judiciary Com- duct also violates State laws, and the loan under the loan program in accordance mittee reported to the Senate a juve- imposition of disparate Federal and with the requirements applicable to loans nile crime bill that would have granted State sentences for essentially the originated under another loan program es- Federal prosecutors broad new author- same underlying criminal conduct, of- tablished pursuant to section 7(a) of the ity to investigate and prosecute Fed- fends our notions of fundamental fair- Small Business Act (including the general eral crimes committed by juveniles— business loan program, the Preferred Lender ness and undermines respect for the en- Program, the Certified Lender Program, the crimes now normally deferred to the tire criminal justice system. The Task Low Documentation Loan Program, and the State. In addition, it would have com- Force criticizes the ‘‘expansive amount SBAExpress Pilot Program), if— pelled the States to revise the manner of unprincipled overlap in which very (i) the eligible lender is eligible to partici- in which they dealt with juvenile large amounts of conduct are suscep- pate in such other loan program; and crime, overridden all the State legisla- tible to selection for prosecution as ei- (ii) the terms of the loan, including the tures and told them to comport with a ther federal or state crime is intoler- principal amount of the loan, are consistent host of new Federal mandates. I stren- able.’’ with the requirements applicable to loans uously opposed this legislation on fed- Second, every new Federal crime re- originated under such other loan program. (c) REPEAL.—Effective on December 31, eralism and other grounds. sults in an expansion of Federal law en- 2000, this section and the amendments made Even the Chief Justice of the U.S. forcement jurisdiction and further con- by this section are repealed. Supreme Court went out of his way in centration of policing power in the Mr. BENNETT. Mr. President, I move his 1997 Year-End Report of the Federal Federal government. Americans natu- to reconsider the vote. Judiciary to caution against ‘‘legisla- rally distrust such concentrations of I move to lay that motion on the tion pending in Congress to ‘federalize’ power. That is the policy underlying table. certain juvenile crimes.’’ The Meese our posse comitatus law prohibiting The motion to lay on the table was Task Force also cites this legislation the military from participating in gen- agreed to. ‘‘as an example of enhanced Federal at- eral law enforcement activities. Ac- The PRESIDING OFFICER. The Sen- tention where the need is neither ap- cording to the Task Force, Federal law ator from Vermont is recognized. parent nor demonstrated.’’ enforcement personnel have grown a Mr. LEAHY. I ask unanimous con- The Meese Task Force report chided staggering 96 percent from 1982 to 1993 sent for 7 minutes as in morning busi- Congress for its indiscriminate passage compared to a growth rate of less than ness. of new Federal crimes wholly duplica- half that for State personnel. The Task The PRESIDING OFFICER. Without tive of existing State crimes. This Force correctly notes in the report objection, it is so ordered. Task Force was told by a number of that: f people that these new Federal laws are Enactment of each new federal crime passed not because they were needed bestows new federal investigative power on RESTRAINING CONGRESSIONAL IM- ‘‘but because Federal crime legislation federal agencies, broadening their power to PULSE TO FEDERALIZE MORE in general is thought to be politically intrude into individual ives. Expansion of LOCAL CRIME LAWS federal jurisdiction also creates the oppor- popular. Put another way, it is not con- tunity for greater collection and mainte- Mr. LEAHY. Mr. President, every sidered politically wise to vote against nance of data at the federal level in an era Congress in which I have served—I crime legislation, even if it is mis- when various databases are computerized have served here since 1975—has fo- guided, unnecessary, and even harm- and linked. S2070 CONGRESSIONAL RECORD — SENATE March 2, 1999 Finally, and most significantly, Fed- The death penalty is a good example. Mrs. HUTCHISON. Mr. President, I eral prosecutors are simply not as ac- Congress has increasingly passed Fed- ask unanimous consent to speak as in countable as a local prosecutor to the eral criminal laws carrying the death morning business. people of a particular town, county or penalty, even though twelve States, in- The PRESIDING OFFICER. Without State. I was privileged to serve as a cluding Vermont, and the District of objection, it is so ordered. State’s Attorney in Vermont for eight Columbia have declined to adopt the f years, and went before the people of death penalty. Federal prosecutors in TEXAS INDEPENDENCE DAY Chittenden County for election four those States are free, with the Attor- times. They had the opportunity at ney General’s approval, to buck the Mrs. HUTCHISON. Mr. President, I every election to let me know what State’s decision and seek the death rise today to talk about a point of im- they thought of the job I was doing. penalty in certain Federal cases which portant history in our Nation; that is, By contrast, Federal prosecutors are have resulted in murder—for which to commemorate this day 163 years appointed by the President and con- every State has overlapping jurisdic- ago, Texas Independence Day. firmed by the Senate, only two Mem- tion. In Vermont, for example, we are Each year, I look forward to March bers of which represent the people who for the first time confronting a Federal 2nd. This is a special day for Texans, a actually reside within the jurisdiction death penalty case. These cases always day that fills our hearts with pride. On of any particular U.S. Attorney. Fed- present facts that could have been this day 163 years ago, a solemn con- eralizing otherwise local crime not prosecuted by the State, and often in- vention of 54 men, including my great, only establishes a national standard volve high-profile cases that have gen- great grandfather Charles S. Taylor, for particular conduct but also allows erated press attention. met in the small settlement of Wash- enforcement by a Federal prosecutor, In the aftermath of a heinous mur- ington-on-the-Brazos. There they who is not directly accountable to the der, the public may cry out for blood signed the Texas Declaration of Inde- people against whom the law is being vengeance. But the considered judg- pendence. The declaration stated: enforced. The Task Force warns that ment of the State against the death We, therefore . . . do hereby resolve and the ‘‘diminution of local autonomy in- penalty should not be easily bypassed, declare ... that the people of Texas do now herent in the imposition of national and Federal prosecutors should not be constitute a free, sovereign and independent standards, without regard to local com- encouraged to find some basis for the republic. munity values and without regard to exercise of Federal jurisdiction merely At the time, Texas was a remote ter- any noticeable benefits, requires cau- to be able to seek the death penalty. ritory of Mexico. It was hospitable only tious legislative assessment.’’ The Task Force report concludes to the bravest and most determined of Distrust and dismay at the exercise with a ‘‘fundamental plea’’ to legisla- settlers. After declaring our independ- of Federal police power fueled the pub- tors and members of the public alike ence, the founding delegates quickly lic outcry at the tragic endings of the ‘‘to think carefully about the risks of wrote a constitution and organized an stand-offs with Federal law enforce- excessive federalization of the criminal interim government for the newborn ment authorities at Ruby Ridge in 1992 law and to have these risks clearly in republic. and at Waco in 1993. I participated in mind when considering any proposal to As was the case when the American the Judiciary Committee oversight enact new federal criminal laws and to Declaration of Independence was hearings into those incidents, and was add more resources and personnel to signed in 1776, our declaration only struck that both of those standoffs federal law enforcement agencies.’’ pointed the way toward a goal. It were sparked by enforcement of Fed- This is a plea I commend to all Sen- would exact a price of enormous effort eral gun laws. The regulation of fire- ators as we return to the business of and great sacrifice. For instance, when arms is a subject with extraordinary legislating and are asked to consider my great, great grandfather was there, variance among the States and re- any number of crime proposals in this signing the declaration of independ- quires great sensitivity and account- Congress. ence, and then, as most of the dele- ability to local mores. Mr. President, I urge Senators to gates did, went on eventually to fight Vermont has virtually no gun laws, think very carefully. We should not the Battle of San Jacinto, he didn’t and we also have one of the lowest feel that the only way we show that we know it at the time, but all four of his crime rate in the country, but our laws are against crime is to suddenly fed- children who had been left back at reflect our needs. We should be very eralize all crimes and basically tell our home in Nacogdoches died trying to es- careful not just about federalizing a State legislatures, our State law en- cape from the Indians and the Mexi- prohibition that already exists at most forcement, our State prosecutors that cans who they feared were coming after State levels, but also creating a Fed- they are insignificant. Let us resist them. Fortunately, he and his wife, my eral criminal prohibition where none that impulse. Maybe we can pass a res- great, great grandmother, had nine exists at the State level, like mine. olution saying that all Senators are op- more children. But it is just an exam- Proposals to create new Federal posed to crime—as we are. But let the ple of the sacrifices that were made by crimes that run roughshod over highly States do what they do best. people who were willing to fight for sensitive public policy choices nor- The PRESIDING OFFICER. Under something they believed in. That, of mally decided at the local level prompt the previous order, the Senator from course, was freedom—freedom, in that significant concern over Federal over- Utah is recognized to make a motion to instance, of Texas at that time. But reaching and the exercise of Federal recess the Senate. that is something, of course, all Ameri- police power. For example, the major- cans cherish greatly. f ity on the Judiciary Committee re- While the convention sat in Washing- ported in the last Congress a bill that RECESS ton-on-the-Brazos, 6,000 Mexican troops would have made it a Federal crime to were marching on the Alamo to chal- travel with a minor across State lines Mr. BENNETT. Mr. President, I ask lenge this newly created republic. Sev- to get an abortion without complying unanimous consent that the Senate eral days earlier, from the Alamo, Col. with the parental consent law of the now stand in recess until the hour of William Barrett Travis sent his immor- minor’s home State. This law, if en- 2:15 today in order for Members to at- tal letter to the people of Texas and to acted, would invite Federal prosecutors tend a confidential briefing in room S. all Americans. He knew the Mexican to investigate and prosecute the viola- 407 of the Capitol, and this briefing is Army was approaching and he knew tion of one State’s parental consent in respect to the Y2K event. that he had only a very few men to law even if neither State would subject There being no objection, the Senate, help defend the San Antonio fortress. the conduct to criminal sanction. Es- at 10:58 a.m., recessed until 2:15 p.m.; Colonel Travis wrote: tablishing a national standard through whereupon, the Senate reassembled FELLOW CITIZENS AND COMPATRIOTS: I am creation of a new Federal crime to deal when called to order by the Presiding besieged with a thousand or more of the with conduct that the States have ad- Officer (Mr. INHOFE). Mexicans under Santa Anna. I have sus- dressed in a different manner is a dan- The PRESIDING OFFICER. The Sen- tained a continual Bombardment and can- gerous usurpation of local authority. ator from Texas. nonade for 24 hours and have not lost a man. March 2, 1999 CONGRESSIONAL RECORD — SENATE S2071 The enemy has demanded surrender at dis- House and one vote in the Senate. Now The amendment (No. 30) was agreed cretion, otherwise, the garrison is to be put we fly both flags proudly—the Amer- to. to the sword, if the fort is taken. I have an- ican flag and the Texas flag—over our Mr. BENNETT. Thank you, Mr. swered the demand with a cannon shot, and President. our flag still waves proudly over the wall. I capitol in Austin, TX. shall never surrender or retreat. Then I call I am very pleased to, once again, As I have said somewhat facetiously, on you in the name of Liberty, of patriotism, commemorate our great heritage and today is ‘‘Y2K Day in the neighbor- of everything dear to the American char- history. Thank you, Mr. President. hood.’’ We have had a series of events acter, to come to our aid with all dispatch. f with respect to Y2K legislation, start- The enemy is receiving reinforcements daily ing with the debate this morning on and will no doubt increase to three or four INCREASING FUNDING OF THE the Small Business Administration bill SPECIAL COMMITTEE ON THE thousand in four or five days. If this call is offered by Senator BOND of Missouri. neglected I am determined to sustain myself YEAR 2000 TECHNOLOGY-RELAT- We then went into a closed session as long as possible and die like a soldier who ED PROBLEMS never forgets what is due his honor and that where it was my privilege, along with of his country—VICTORY OR DEATH. The PRESIDING OFFICER. Under Senator DODD, to make a presentation WILLIAM BARRETT TRAVIS, Lt. Col. the previous order, the hour of 2:15 hav- to Members of the Senate with respect Commander. ing arrived, the Committee on Rules to the impact of Y2K on our national What American, Texan or otherwise, and Administration is discharged from defense and our intelligence capabili- can fail to be stirred by Col. Travis’ re- further consideration of S. Res. 7, and ties. And now this afternoon, we have 3 solve? the Senate will proceed immediately to hours to discuss the funding request for In fact, Colonel Travis’ dire pre- its consideration. the Special Committee on the Year 2000 diction came true—4,000 to 5,000 Mexi- The clerk will report. Technology Problems and, in that can troops laid siege to the Alamo. In The bill clerk read as follows: process, take the opportunity of the de- the battle that followed, 184 brave men A resolution (S. Res. 7) to amend Senate bate to lay out for the Senate and for died in a heroic but vain attempt to Resolution 208 of the 105th Congress to in- the television public exactly what we fend off Santa Anna’s overwhelming crease funding of the Special Committee on are dealing with. army. But the Alamo, as we all in the Year 2000 Technology-Related Problems. To summarize ‘‘Y2K in the neighbor- Texas know, was crucial to Texas’ The Senate proceeded to consider the hood,’’ I have a single chart that we independence. Because those heroes at resolution. used in the press conference earlier the Alamo held out for so long, Santa The PRESIDING OFFICER. Under that outlines what it is we are talking Anna’s forces were battered and dimin- the previous order, the time for debate about. ished. on the resolution shall be limited to 3 Specifically, as you see, Mr. Presi- Gen. Sam Houston gained the time hours, equally divided between the dent, it says, ‘‘Y2K—What is it?’’ There he needed to devise a strategy to defeat Senator from Utah, Mr. BENNETT, and are some who think it is a rock band Santa Anna at the Battle of San the Senator from Connecticut, Mr. and we will make that clear. And then, Jacinto, just a month or so later, on DODD. Why are we vulnerable? Where are the April 21, 1836. The Lone Star was visi- PRIVILEGE OF THE FLOOR greatest risks? What is being done? ble on the horizon at last. Mr. BENNETT. Mr. President, I ask What should we be doing next? And Each year, on March 2, there is a unanimous consent that for the dura- what can we expect? It is in the frame- ceremony at Washington-on-the-Brazos tion of this debate, the following mem- work of those questions that I will be State Park where there is a replica of bers of the staff detailed to the Special making my presentation today. the modest cabin where the 54 patriots Committee on the Year 2000 Tech- In the closed session, we talked about laid down their lives and treasure for nology Problems be granted the privi- national defense issues, international freedom. Each day on this day, I read lege of the floor: Frank Reilly, John assessments country by country and Colonel Travis’ letter to my colleagues Stephenson, Paul Hunter, J. Paul Nich- the preparedness of the U.S. intel- in the Senate, a tradition started by olas, Ron Spear and Tom Bello. ligence community. I report to the my friend, Senator John Tower. This is The PRESIDING OFFICER. Without Senate as a whole, for those Senators a reminder to them and to all of us of objection, it is so ordered. who were not able to be there, that we the pride Texans share in our history UNANIMOUS CONSENT AGREEMENT announced these conclusions to the and in being the only State that came Mr. BENNETT. Mr. President, I ask Senators who were there and, I might into the Union as a republic. unanimous consent that the consent say, Mr. President, we were very grati- Mr. President, I am pleased to con- agreement with respect to the consid- fied by the number of Senators who did tinue the tradition that was started by eration of S. Res. 7 be modified to appear. The room was full, and the Senator Tower, because we do have a allow one technical amendment to the Senators were very attentive, which I unique heritage in Texas where we resolution, to be offered by myself and think is appropriate given the signifi- fought for our freedom. Having grown Senator DODD. cance of this issue. up in the family and hearing the sto- The PRESIDING OFFICER. Without We believe that there is a low-to-me- ries of my great great grandfather, it objection, it is so ordered. dium probability of exploitation of Y2K was something that was ingrained in by any terrorist groups. People in the AMENDMENT NO. 30 us—fighting for your freedom was press conference asked me, ‘‘Well, can (Purpose: To make a conforming change) something you did. you be specific?’’ And the answer is no. I think it is very important that we Mr. BENNETT. The technical amend- We know of no intention on the part of remember the people who sacrificed, ment is now at the desk, and I ask for terrorist groups to exploit Y2K uncer- the 184 men who died at the Alamo, the its consideration. tainty, but these groups are there, they men who died at Goliad, who made it The PRESIDING OFFICER. The are up to mischief, and so we say there possible for us to win the Battle of San clerk will report. is a probability, but it is at the low end Jacinto and become a nation, which we The bill clerk read as follows: of things. were for 10 years before we entered the The Senator from Utah [Mr. BENNETT], for There is a low probability of a nu- Union as a State. himself and Mr. DODD, proposes an amend- clear launch coming by accident as a I might add, we entered the Union by ment numbered 30. result of Y2K. Again, we cannot rule it a margin of one vote, both in the House The text of the amendment follows: out absolutely, but we think the prob- and in the Senate. In fact, we origi- On page 1, line 5, strike ‘‘both places’’ and ability of it is very low. nally were going to come into the insert ‘‘the second place’’. There is a medium probability of eco- Union through a treaty, but the two- Mr. BENNETT. Mr. President, I ask nomic disruptions that could lead to thirds vote could not be received and, unanimous consent that the amend- civil unrest in various parts of the therefore, President Tyler said, ‘‘No, ment be agreed to and that the motion world, and we will discuss that here in then we will pass a law to invite Texas to reconsider be laid upon the table. the open session as we outline for you to become a part of our Union,’’ and The PRESIDING OFFICER. Without how vulnerable some parts of the world the law passed by one vote in the objection, it is so ordered. may be to Y2K interruptions. S2072 CONGRESSIONAL RECORD — SENATE March 2, 1999 There is a high probability of an eco- Why are we vulnerable? We are vul- computer failure to ruin the ability of nomic impact with consequences un- nerable because at virtually every this transaction to go forward than known. Here we can only guess, but I point of importance in the modern there are physical opportunities for it think there is a high probability that economy and modern activity there to fail. We are so heavily inter- Y2K will, in fact, produce some kind of stands the computer—whether it is on connected in this world now that we economic dislocation that we will feel. a chip or in a huge mainframe—with are completely vulnerable to a com- As far as U.S. preparedness is con- the capacity to fail. puter failure. And at every red arrow cerned, the U.S. Armed Forces will not Let’s take an event that we hope on that chart right now there is a com- lose their mission-critical capability, never happens to any of us, but that is puter with a potential Y2K problem. their war-fighting capacity. The United a demonstration of a true emergency— Someone once said to me, This prob- States will remain the world’s super- a fire in a building—and see what hap- lem is really very simple. You just get power, and the U.S. intelligence com- pens. Here is a picture of a burning into the computer and find out where munity will not lose its capability to building. the date is and fix it; change it from carry out its duties. In order to muster the firefighting two digits to four digits. And I say, yes, To go to, first, the question—What is capability to deal with this emergency, that is very simple, very simple prob- Y2K?—in case there is anyone who you have a number of people and a lem, very simply solved. The only prob- really doesn’t understand what we are number of systems that are involved. lem is, you do not know where that talking about here, it goes to the in- There is the computer-aided dispatch- date field is, particularly in those old ability of a computer to recognize the ing system to send the firefighter to programs that I talked about. difference between 1900 and 2000 as a where the challenge is. There is the It has been likened to this kind of a date if that computer is programmed telecommunications system where the challenge: Suppose someone said to for only two digits for the date field for telephone calls go back and forth to you, Mr. President, the Golden Gate years. This goes back to the 1960s, send the message from the dispatching Bridge has some bad rivets in it, and if maybe even the 1950s when memory system; the building security and fire you do not replace those faulty rivets, space was very, very expensive, very, detection systems that make the phone the Golden Gate Bridge will fall down. very crucial and, in order to save call back to the dispatching system. All you have to do is very simple: space, programmers said, ‘‘Well, we can The firefighters jump in their cars or Knock out the bad rivet, put in a good just drop the ‘‘19’’ off the year and go their trucks. The trucks have to be rivet, and the bridge is made secure. to ‘‘69’’ for 1969, ‘‘70’’ for 1970, and so filled with fuel. And the pumps that Now, one out of seven of those rivets on. And when someone said, ‘‘Well, control the fuel supply that goes into in the Golden Gate Bridge is bad, and what happens when you get to the year the firetrucks all have computers in we cannot tell you which ones they 2000 and you get two zeros and the com- them—embedded chips. The traffic con- are. You have to go through the Golden puter will think it is 1900?’’ The answer trol system that controls the ability of Gate Bridge and check every rivet to on the part of those programmers was, the fire engine to get through town all see which seventh rivet has to be fixed. ‘‘This program will be obsolete and has computers in it. The water supply, And by the way, if you do not get every abandoned long before we get to the when they get to the hydrant, is regu- single one, the bridge will collapse, and year 2000.’’ They didn’t realize the ingenuity of lated by computers. And, of course, the you do this remediation work at rush programmers. They figured out a way personnel management systems that hour while the bridge is being used. to preserve those ancient programs and get the firefighters into the fire station That is roughly comparable to the to lay other layers of programming on in the first place now are all managed challenge that we face here. And that top of them in such a fashion that the by computers. is why we are vulnerable. OK. A single event we take for granted, old programs look like the new ones, The next question is, Where are the but deep down in the bowels of all of all of the things that are done to bring greatest risks? Well, we can answer that programming, you have programs to bear on this event—some firefight- that two ways. On our committee, we that are scheduled to fail when they ing capability, but there are computers have decided to rate the greatest risks get to the crucial time when they go at virtually every step of the way. in terms of which sectors of the econ- Now, just another example of how over from 99 to 00. omy have the greatest importance to There are many other manifestations interconnected we are in this world. us. And when you rank risk by impor- of it, going down to embedded chips, Let’s take a single transaction that tance, No. 1 immediately leaps to the computers no bigger than my little fin- takes place this time across inter- top of the list; and that is power. gernail that nonetheless have in them national lines. This will be, perhaps, a If the power goes off, it does not mat- the capacity to fail over this issue. But little hard to follow because the chart ter if your computer works otherwise. basically that is the issue. That is is relatively smaller and less dramatic The only computers that will work in what Y2K is. The failure of computers, than a burning building, but just let the world, if the power goes off, will be when they have to transition from 1999 me walk you through this as to what those that have batteries, and that is to 2000, those computers that are pro- happens when there is a commercial about 2 or 3 hours, and they are all grammed with two digits for the an- transaction that goes across national gone. So we have put our first focus on nual date may fail—some of them cer- lines. power. tainly will fail—and that is what Y2K An import-export kind of trans- Second, telecommunications. If the is all about. action. Every red arrow that you see telephone goes off, the power grid fails, By the way, people ask, What does there on the chart, Mr. President, is a because many of the signals that keep ‘‘Y2K’’ stand for? ‘‘Y’’ stands for year, transmission of information by com- the power grid functioning go over ‘‘2’’ stands for 2—that is fairly easy to puter. Every single time something telephone lines. So once again, every- follow—and ‘‘K,’’ from the Greek, takes place with the purchase and de- thing stops. standing for kilo, meaning 1,000. It is livery of an item across national lines Third, transportation. If transpor- computer speech for the year 2000. My —you start the contracts, the negotia- tation fails, you cannot get coal, for wife says to me, ‘‘Why do you use that tions by the Internet, a checking of example, from coal mines into power- acronym? You just confuse people. Why credit, the contract by the Internet— generating plants. If the switches on don’t you say ‘year 2000’ instead of all the way through. The white arrows all of the railroad lines fail—and they ‘Y2K.’ ’’ And I say, ‘‘Well, it’s quicker.’’ on the chart are where something are controlled by computers—there is She says, ‘‘ ‘Y2K,’ ‘year 2000,’ you only physically moves, when you are mov- no coal in the powerplants. The power save one syllable. What is the point? ing a piece of merchandise out of a fac- grid fails, everything fails. You just do it to confuse people.’’ But tory onto a ship or out of the truck You begin to see, again, how inter- I guess I have been in Government long into a retail store or whatever. connected everything is. enough now that confusing people is Without going through all of the Fourth, finance. If the banks cannot part of the program. steps, I just point out that there are clear checks, if there can be no transfer So what is Y2K? I think that is the more red arrows than there are white of funds, if the financial system col- answer to the question. ones. There are more opportunities for lapses, then business collapses. Once March 2, 1999 CONGRESSIONAL RECORD — SENATE S2073 again, the chain starts, and you end up to it, we will be in a better position to sponse systems that will fail—fire de- ultimately with no power, all the rest make that kind of assessment. partments, ambulances, and so on, of it. Now, if we ask the question, Where water systems, federally funded serv- Then, general government. We are so are the greatest risks? —not in the pat- ices. Many of the federally funded serv- dependent on government services to tern of the impact on the economy that ices are administered at the local level. keep the economy running that if the I have talked about, but on our current Welfare checks are mailed out by coun- general government services were to state of readiness—we find that the ty governments, not by the Federal fail—in the Federal Government, for greatest impact, based on what we now Government, in many instances. And example, if the Health Care Financing know in the committee, is probably in these communities, there can be se- Administration were to fail and be un- going to be in the health care field. rious disruption even while the Nation able to make any Medicare reimburse- This is the field that we think is the as a whole is doing fine. ments, it would ultimately destroy the least prepared to deal with the year In the economy as a whole, the area health care industry, because 40 per- 2000 problem in the United States. that is at the greatest risk is where we cent of the health care reimbursements One of the reasons for that is it so find medium-sized businesses. The big are Medicare reimbursements. And you fragmented. There are so many hos- businesses are probably just fine. simply could not keep a health care fa- pitals. There are so many separate doc- Citigroup announced when we first got cility going if you cut their cash by 40 tors’ offices. Some of them have done into this they were going to spend $500 percent and left it that way for a while. nothing to prepare for the year 2000. million fixing their year 2000 problem. Finally, general business. Frankly, some of them can solve their That went up to $650 million by the Those are the ranks of importance problem in an afternoon. Some of them time we got around to drafting the re- that we have looked at in our commit- that are operating off of a single PC port. Now, the day the report is issued, tee. can get a patch downloaded from the we are told they are spending closer to Let me take this opportunity to Internet that can solve their problem. $800 million to get this solved. But make this statement about what we Some of them are going to require sub- Citigroup will get it solved. They have found. The committee has been operat- stantially more than that. And some of the money and the muscle and the will ing for roughly a year now, and in that them, frankly, are far enough behind to get it taken care of. The very small businesses will prob- process people who have looked at the the curve, if they are not on top of it ably get it solved because, again, for list I have just recited have gotten by now, it is too late and they ought to them, they are dealing with a single very excited. Indeed, they have begun start thinking about contingency computer that runs their payroll and to create a cottage industry of panic. plans. We simply do not know. What we maybe does their taxes, and they do ev- You can get on the Internet and you do know causes us to believe that can look up any kind of web site, and erything else by hand. They can solve health care is vulnerable. that problem in a short-term period of they will take the possibility of com- Senator DODD, I am sure, will be ad- time. The middle-sized businesses that puter failure in any of the areas I have dressing this in greater detail because don’t have the money of a Citigroup just outlined and translate that into he is the one who has focused on this to and that have a much bigger problem what has come to be known in the a greater extent than any other mem- world of Y2K hyperbole as than a mom-and-pop store are running ber of the committee. into difficulty. The surveys we are con- TEOTWAWKI. Now, TEOTWAWKI is Another area of readiness that we are ducting tell us that these companies the acronym that stands for ‘‘The End concerned about is local government. I are where the problems are going to be. Of The World As We Know It.’’ They gave this Y2K speech at a Rotary Club Now you may say, so what? We use that phrase so often, they created meeting in a small town in Utah and should really care if an individual busi- an acronym. Now you can get on the people asked me, ‘‘What should we do ness here or an individual business Internet and they will talk about to get ready for Y2K?’’ I gave them the there should fail or should have serious TEOTWAWKI. same answer I always give them, which problems. In today’s economy, we live Mr. President, I am here to announce is, you should take charge of your own in a world of outsourcing and just-in- that TEOTWAWKI is not going to come life; you should check with your own time inventory. That means that Gen- to pass. We are satisfied, as a result of bank to make sure they are going to be eral Motors has literally tens of thou- the hearings we held, and the inter- Y2K compliant; you should check with sands of suppliers. General Motors does views we held, and the investigations your own employer to be sure he or she not make everything themselves; they we have undertaken on the Senate Spe- is getting things under control; and, outsource. That is a fancy name for cial Committee on the Year 2000 Tech- among other things, I said, call your buying it from somebody else. They are nology Problem, that the world is not, mayor to make sure your water system dependent on these medium-sized busi- in fact, going to come to an end over is going to be all right in your local nesses for their parts. One of the scary this problem—certainly not in the community. things is that many of these medium- United States. We will have problems. I have done that in Salt Lake City. I sized businesses on which General Mo- There is no question, given the ubiq- have had some long discussions with tors and other big manufacturers are uitous nature of the problem, that it the mayor of Salt Lake, and she dependent are overseas. will cause interruptions and difficul- assures me it will be safe for me to be I used to run a very small business, ties in the United States, but it will in Salt Lake on New Year’s Eve be- so small that it wouldn’t really attract not bring everything to a halt. It will cause the water system will work. anybody’s attention, but the key com- not cause the shutdown of vital serv- After I gave the speech, a man came ponent of our business, without which ices. In our opinion, it will be a bump up, shook my hand, and said, ‘‘You we had no product, was manufactured in the road for the United States. have caused me some problems.’’ I in Taiwan, and if we were unable to get Now, people say: What does that asked why, and he said, ‘‘I am the that from Taiwan because of Y2K prob- mean? How serious a bump and how mayor.’’ I said, ‘‘Mr. Mayor, is your lems in Taiwan, we were out of busi- long will it last, Senator BENNETT? I water system going to be all right?’’ He ness. We sold our product to a much don’t know, and I don’t know anybody said, ‘‘I don’t have the slightest idea bigger company. They were dependent who does, because this is a moving tar- but I am sure going to find out.’’ He upon us. They could have all of their get, there are so many potentials for said, ‘‘It never occurred to me that we computers Y2K compliant and be un- challenge, that we cannot quantify it had computer problems in our water able to get product from us and there- with the kind of accuracy that the purification plant.’’ fore have to drop a major product line press always searches for when they We have held hearings on this issue. for them. We couldn’t supply it because ask you these questions. It will have an I have been in a water purification we couldn’t get this product from Tai- impact. It will be felt. But how long it plant. While I think most local govern- wan. You see the chain of suppliers will last and how deep it will go I don’t ments are responsible enough and will that runs throughout the economy in know. That is why the committee is be on top of it, I am concerned that this just-in-time inventory world. going to continue, so that we can con- there will be local governments where When I say I am concerned about me- tinue to study it, and as we get closer there will be critical emergency re- dium-sized firms as an area of high S2074 CONGRESSIONAL RECORD — SENATE March 2, 1999 risk, it could affect big firms and could the economy as a whole is ready for work that has been done, I will reserve affect the economy as a whole. this. We are doing everything we can to the remainder of my time, Mr. Presi- Now, the next question after where is create awareness of the challenge. At dent, to allow the vice chairman of the the greatest risk: What are we doing the same time, we want to be sure, in committee and the ranking Democrat, about it? What is being done? Here, I words that we have used before, that Senator DODD, to make his statement. think, it is time for the Senate and the while we are ‘‘Paul Revere,’’ we are not Mr. MURKOWSKI addressed the Congress, if I might, to be a little bit ‘‘Chicken Little.’’ We have to get ev- Chair. self-congratulatory. When this problem erybody aroused to the fact that the The PRESIDING OFFICER. The Sen- first came to the attention of the Con- British really are coming. They have to ator from Alaska is recognized. gress, Senator BURNS of Montana has get out of their warm beds and pick up Mr. MURKOWSKI. Without breaking said he held hearings on this issue, or their muskets and get ready for this; into the colloquy, I wonder if I can had been involved in hearings on this but the sky is not falling and it will have 5 seconds to introduce a bill. issue back in the early 1990s. He said not be TEOTWAWKI; it will not be the Mr. BENNETT. Mr. President, I ask we couldn’t get anybody interested; no- end of the world as we know it. unanimous consent that the Senator body paid any attention. He was on the Well, I see that the vice chairman of from Alaska be recognized for the pur- Commerce Committee. He said the our committee, Senator DODD, has pose of introducing a bill. thing just kind of dropped without a come on to the floor. Soon I will re- The PRESIDING OFFICER. Without trace. serve the remainder of my time and objection, it is so ordered. We first became aware of this on the give him an opportunity for a state- (The remarks of Mr. MURKOWSKI per- Senate Banking Committee in 1996. ment about this. taining to the introduction of S. 501 are That is where Senator DODD and I be- Other members of the committee located in today’s RECORD under came zealots on this issue, and we have expressed an interest to come to ‘‘Statements on introduced Bills and began to work on this with respect to the floor and talk about this issue. I Joint Resolutions.’’) the financial services area. The more want to acknowledge the tremendous Mr. DODD addressed the Chair. we got into that, the more we realized support we have had on this commit- The PRESIDING OFFICER. The Sen- that it encompassed all of the things tee. This is a unique kind of committee ator from Connecticut is recognized. that I have described here this after- in that we have had tremendous bipar- Mr. DODD. Thank you, Mr. Presi- noon. tisan support. My staff and Senator dent. One example demonstrates what I am DODD’s staff function almost as one on Mr. President, let me begin these re- talking about when I say that Congress this committee. We have made every marks by seconding everything that can be a little bit self-congratulatory effort to keep any kind of partisanship my colleague from Utah has said about about the question of what is being out of it. We go out on field visits to- the other members of this committee. I done. My son-in-law works for one of gether. Senator DODD has been inde- will add, as I know he has expressed on the major banks in this country. He fatigable in his effort to keep this numerous occasions, the tremendous said at a family gathering, ‘‘You know, thing going, and he prods me in areas work done by our respective staffs. I don’t know what’s happened, but the where I need it and keeps the commit- They have done a tremendous amount bank examiners from the Federal Re- tee focused in areas where sometimes I of work in providing us with the kind serve who come into our bank now stray in other places. It has been one of of detailed information that we have have only one thing on their minds, the most satisfying legislative experi- been able to produce at this juncture in and that is Y2K, and they have made it ences that I have ever had. our interim report, which we released Other members of the committee, the the top priority in the bank.’’ I today. same way. Senator MOYNIHAN was into thought, you know, we have finally Let me also, on behalf of other mem- this issue before we even discovered it done something in Congress that has bers of the committee, say to you and and came onto the committee with produced a result because, at Senator to our colleagues here that we have great enthusiasm. Senator SMITH of Or- been truly fortunate to have BOB BEN- DODD’s suggestion, we got the bank egon, who came to the Senate as a NETT lead this effort. I have said this regulators before our subcommittee of businessman, took charge of dealing on numerous occasions. He has lit- the Banking Committee and we raised with business and Y2K’s impact on erally been the leader on this in the this issue with them; we discovered business and has been tremendously several things. No. 1, they were not Senate. He began early on and insisted helpful. We have had Senator BINGA- raising it as part of the safety and that the Banking Committee have a MAN, who we have asked to focus on the subcommittee that would look at the soundness examination they were national defense issues. Senator COL- implications of this year 2000 ‘‘bug,’’ as doing in banks. No. 2, their own com- LINS, as a representative of the Govern- puters weren’t going to work in the mental Affairs Committee, has held it is affectionately referred to, on fi- year 2000. They would not be able to hearings in that committee based on nancial institutions. It was as a result conduct their regulatory activities if what she has come up with out of our of his efforts that my curiosity was we didn’t get it fixed. The mere act of committee. Senator KYL did all of the piqued. holding a hearing and bringing these heavy lifting on the committee for last As a member of that committee—not people forward produced a salutary re- year’s bill on disclosure and has been as the ranking Democrat, but as a sult that actually got out into the enormously valuable. member of that committee—I attended economy and changed the way things And then we have, unlike any other a number of hearings we had on finan- are being done. committee in the Senate, two ex officio cial services, and I quickly learned Well, now, I think we can take some members, TED STEVENS of Alaska and through that process that this issue credit for having raised that alarm. ROBERT C. BYRD of West Virginia; and went far beyond the individual institu- Senator MOYNIHAN wrote to the Presi- the fact that the Federal Government tions that had to do their own assess- dent and urged him to appoint a Y2K received literally billions of dollars in ments. What Senator BENNETT discov- czar or coordinator. The President did emergency funds in the last supple- ered very early on and what others of not respond. I wrote to the President mental, which, I think, have dealt with us who sat in on those committee hear- after we had our hearings in the Bank- the true emergency. I think we are re- ings soon learned, was that it wasn’t ing Committee and recommended it. sponsible for our being where we are in enough to be a financial service and He did not respond to me, either. But many of the government agencies. I have your own house in shape when it in February of 1998, he did, in fact, ap- don’t think that would have happened came to the Y2K issue, and that the point a Y2K coordinator. I think the if the chairman and ranking member of bank, or the savings and loan, or the track record says it is the Congress the Senate Appropriations Committee stock brokerage, or any other financial that possibly spurred that. And we now were not involved directly and particu- service, insurance agent, or company— have a President’s Council on the Year larly in the work of this particular spe- if they were in good shape internally, 2000 Conversion, headed by John cial committee. that wasn’t enough. They had to also Koskinen, working very diligently to So, with that tribute to my fellow determine whether or not suppliers and make sure the Federal Government and Senators on this committee and the customers, all sorts of contractors with March 2, 1999 CONGRESSIONAL RECORD — SENATE S2075 whom they do business, would also He came up with a list of seven critical they should have known better and have to be in good shape. areas that we thought most people done better and didn’t do so. If you are That obviously drew us to the con- would have questions about and legiti- sitting back and saying, I hear Con- clusion that this was an issue that de- mate concerns. I will get to that in a gress is about to pass some legislation served broader attention than just second. I know Senator BENNETT has that is going to insulate me and pro- looking at the financial services sec- already discussed that to some degree. tect me from consumers and businesses tor. As a result, Senator BENNETT and The report was intended to provide as and others that would have a legiti- I went to our respective leaders and comprehensive as we could an analysis, mate complaint against a company asked and urged them to support this and described as thoroughly as we that did not do its Y2K work, you special committee that has no legisla- could in a single document how ready would be mistaken. I think I am speak- tive authority. We have no authority we are to face this millennium issue ing for most of us here who feel that to pass any laws or do anything, but that is going to be upon us in 304 days; way. That is not to say we will not be merely try to make an assessment as in some cases before. able to pass a bill. I hope we can. But we now approach the millennium date Reflecting on what we have learned we shouldn’t leave the impression that 304 days from today. from our research and hearings, I think this is going to be somehow an aboli- As a result of those efforts, beginning it would be an understatement to say tion of tort law in this country. last year, TRENT LOTT, our majority that Y2K is an important issue. Expert There is a reason why we call these leader, and TOM DASCHLE, the Demo- opinions on the subject have ranged problems bugs or viruses. Like a dis- cratic leader in the Senate, supported from denial to the coming of Armaged- ease, this issue can corrupt the func- our efforts to form this committee. We don. tioning of vital systems, can cause owe them a great debt of gratitude, as While we don’t foresee any major dis- damage, shutdown, and can bring the well, as leaders for giving us the kind ruptions, anyone who hasn’t begun to flow of work to a halt. They can take of support that has been necessary to consider the ramifications of this prob- a business out of business very quickly. do our jobs. lem should do so immediately, in our They can stop the flow of information Today, at the conclusion of this dis- opinion. Some businesses within dif- and communication. cussion, there will be a vote on a mat- ferent industries have been extremely As concerned as I am, let me make ter that would provide an additional forward thinking in their year 2000 the point that we believe the United States is one of the most prepared na- $300,000 over the next year for us to preparation efforts. George Washington tions in the world. We have the re- complete our work as we now enter Memorial Hospital, right in our own sources we need both in terms of eco- this second phase of this assessment of Nation’s Capital in the city of Wash- nomics and expertise. However, most how the Nation and the world is re- ington, began its remediation efforts a countries lag behind the United States sponding to this issue. So we hope that half a decade ago in order to be ready in the year 2000 preparation. our colleagues will be supportive of for the year 2000 issue. State Street, an I cannot stress to you enough, Mr. that effort to allow us to complete our international financial service in Bos- President, the serious nature of this work. ton, MA, began fixing its year 2000 topic. This is not an imaginary prob- Again, at the outset, I want to thank problem 6 years ago and is projected to lem just because we can’t at this time my friend and colleague from Utah spend some $200 million on remediation quantify as exactly as we would like, whose own background in business— efforts. The cost has been significant. or forecast as exactly as we would like, and a successful business, I might For some it will continue to rise as the extent of this problem. We don’t add—has brought some wonderful companies continue to discover prob- know for sure what is going to happen, awareness and knowledge to all of this. lems and work through them. and where it is going to happen. So we It has been truly enjoyable to work Consider for a moment, if you would, must prepare, in our view, for a bad sit- with him and his staff over these past Mr. President, the cost of not being uation. We hope it doesn’t occur. There number of months which has brought ready, especially with regard to expo- is no information we have that it is us to the place we are today. sure to litigation. Projected litigation likely to occur. But we don’t know. We The Senate special committee, which costs have ranged from $500 billion to just don’t know with the kind of cer- formed in April, as I have said, has $1 trillion. You can be sure that these tainty we would like to share with our been working hard to assess a variety costs in one way or another will be colleagues and share with the Nation. of industry sectors. Some sectors have passed on to consumers in other Some chief executive officers and been very cooperative. We should tell groups. government leaders assume because you that in this kind of effort so much Let me just mention the litigation this is a technical problem and they information and so much news is fo- issue. As my colleague from Utah lack technical expertise that their cused on what is wrong. We need to knows, and others know, I have been a hands are somehow tied. This is not take some time to tell you about what strong advocate of litigation reform. the case. There is no singlehanded reso- is right, too. Senator GRAMM of Texas, Senator lution to this crisis. A successful reso- There is a lot that is going on that is DOMENICI, myself, and others authored lution will call for cooperation across right when it comes to this issue. It the securities litigation reform bill, the board. This is not just a technology doesn’t get the same attention. The old and then last year we passed the uni- problem. It will require managers who axiom that the media doesn’t report form standards legislation to reduce are willing to get involved at all levels. about planes that fly is certainly true the proliferation of computer-driven It will take leaders in business, in the in the Y2K issue. The headlines are complaints where mere stock fluctua- U.S. Congress, and at the executive going to tell you about where the prob- tions would generate lawsuits. I think branch level to take the initiative and lems are. That is the nature of the it was a good effort and was endorsed find out where companies and organiza- news media and what gets covered. But by the Securities and Exchange Com- tions, nonprofits and for-profits, are in there are a lot of planes that are fly- mission, and overwhelmingly supported their Y2K remediation and contingency ing, if you will, both literally and figu- by our colleagues on both sides of the planning. ratively when it comes to the year 2000 aisle. I am a supporter of litigation re- Large, medium and small businesses issue. Those that have been doing the form in this area, too. I think it is must cooperate to find solutions. Chief work getting the job done deserve to be going to be very important that we do executive officers must be aware of the recognized as well. Others have needed something in this area to reduce the extent of their companies’ Y2K expo- more persuasion, unfortunately. We potential costs of unwarranted litiga- sure. Companies must develop contin- will get to that. tion. gency plans. In fact, this is a critical After 10 months of research, we have Having said that, however, Mr. Presi- issue right now. It doesn’t mean you now completed our report, which I have dent, I also want to say that there ought to stop remediation, but if you referred to already, which gives you should be no mistake out there that are concerned that you are not going the status on seven major sectors. It is this committee and this Congress are to be able to get ready in 304 days, you not an all-conclusive list. But we came not about to create some firewall that ought to be actively involved in look- up with this list. Senator BENNETT did. protects businesses or industries when ing at contingency planning. S2076 CONGRESSIONAL RECORD — SENATE March 2, 1999 If there were no other message I her brain and requires daily medication patcher. Think what would happen if could leave our colleagues with, or oth- to prevent the regrowth of that tumor. the ability to communicate was taken ers who may be following this discus- During her first of 13 surgeries, she from governments, militaries, busi- sion today, the most important point I developed a staph infection that does nesses and people. would like to make is the need for con- not respond to any known oral anti- The U.S. has never experienced a tingency planning. I can’t think of biotic. She is dependent on IV anti- widespread telecommunications out- anything more important. You ought biotics which she cannot store because age, yet the telecom network is one of to know how important contingency they have no shelf life. Any disruption the most Y2K-vulnerable systems. And planning will be. to the supply of these antibiotics could while 95 percent of telephone systems They also must insist that vital sup- be fatal to her. She knows health care. are expected to be compliant in time, pliers and vendors resolve their own She knows computers. And she knows there is no industry-wide effort to test problems and have their own contin- all too well the impact that the year data networks, cellular and satellite gency plans in place. The true heroes 2000 could have on her health care. communications systems or the Na- on January 1, 2000, will be those organi- Ms. West has been the most proactive tion’s 1,400 regional telecom carriers. zations, private and public companies— voice calling upon us to take action. Despite telecom infrastructure readi- small, medium and large—that have She worries that HMOs and physicians, ness, customer equipment and com- found a way to adapt to this potential to a certain extent, view the impending pany switchboards may experience problem. A business owner who wants crisis with a degree of disbelief and ap- some problems, leaving no guarantee of to prosper in the new millennium must athy. Many health insurance organiza- getting a dial tone on January 1. prepare for the Y2K problem in such a tions will not pay for the storage of A forum that included the Nation’s way that the business—that their busi- even the most critical of drugs. We now largest telecom companies was formed in 1997 to address the year 2000 con- ness, his or her business—does not skip are aware that as much as 80 percent— cerns and was early, to their credit, in a beat come New Year’s Day. 80 percent—of the ingredients of drugs As of today, as I have said repeatedly manufactured in the United States of formulating a compliance plan. We are awaiting a final industry report which now today, we have 304 days remaining, America come from overseas. Let me repeat that. As much as 80 is expected early this year. but much can still be done in that With all of our assessment, research percent of the ingredients of drugs time, as short as it is. and hearings, we have learned a great If you have lived in the Southeast of manufactured in this country come deal about many sectors of our infra- our country where there are hurricanes from overseas. Foreign companies ac- structure. We have learned who is com- on almost an annual basis, or the Mid- count for 70 percent of the insulin mar- pliant and who is making headway, west and South where tornadoes are ket in the United States. Unfortu- who is lagging behind, and who has common, you may have heard warnings nately, patients have been prevented failed to disclose their status. We dis- that gave you little time to make sur- from stocking lifesaving drugs because cuss and recommend legislation to vival decisions. The year 2000 is a of restrictions placed on pharmacists move the process forward, and we must storm on the not-too-distant future ho- by insurers and physicians who may look hard into the mirror. The Federal rizon. It is a disaster, in some cases not fully understand the magnitude of Government should be setting an ex- pervasive throughout the First World this problem. Ms. West has brought ample, in our view, for the rest of our and beyond, but is one for which we this to our attention. We applaud her country in preparing for the Y2K issue, can prepare. efforts, and we are going to try to do yet the Federal Government’s Y2K It is one that we can work to neutral- something about her case and cases preparations vary widely. ize. We on this committee have been like it. The Social Security Administration, assessing all that we can to understand Health care is this Nation’s single for instance, got an early start and is more about this coming storm, and we largest industry. It generates $1.5 tril- well prepared—we commend them for have learned a great deal. Small busi- lion annually. There are 6,000 hospitals their efforts—while other agencies such nesses do not have any compliance in America, 800,000 physicians, and as the Department of Defense and the plans in place. 50,000 nursing homes, as well as hun- Health Care Finance Administration Preparation for the continued health dreds of biomedical equipment manu- are lagging somewhat behind. The Fed- of our Nation’s businesses and indus- facturers, health care insurers, suppli- eral Government will spend some- tries is vital, but paramount is the ers of drugs and bandages that may be where, we are told, between $7.5 bil- health of our health care. It is not an unprepared for the year 2000. According lion—and I apologize for the disparity exaggeration to say that lives could be to the Gartner Group, 64 percent of our —and $20 billion. I would like to make lost as a result of this crisis. I point to Nation’s 6,000 hospitals have no plans that number more definitive for you, disturbing examples of what could hap- to test their Y2K preparedness. About but we are getting wide-ranging cost pen relative to health care and the Y2K 80 to 85 percent of doctors’ offices are figures here. Those are the numbers we issue not to be an alarmist, quite the said to be unaware of the Y2K problem. are being told just for the remediation contrary, but to shed light on some- Struggling compliance efforts by the at the Federal agencies, but it will not thing that needs the attention of ev- Health Care Finance Administration be able to renovate, test, and imple- eryone in this country. Sixty million and unaddressed concerns about medi- ment all of its critical missions in people are dependent on medication for cal devices are major roadblocks to the time. After a late start, the Federal the treatment of health problems from industry’s year 2000 readiness. In short, Emergency Management Administra- cancer to heart disease. Some require the health care industry is one of the tion is now engaged in national emer- daily doses of life-sustaining medicines least prepared with 304 days to go for gency planning in the event of year to keep their bodies from rejecting dealing with the Y2K problem and car- 2000 disruptions, but many State and transplanted organs or to prevent can- ries, in my opinion, the greatest poten- local governments are not prepared to cers from spreading. tial for harm at this juncture. Due to deliver critical services such as benefit Let me just cite one example of what limited resources and a lack of aware- payments, 911, and emergency services. I am talking about of which this com- ness, rural and inner-city hospitals are Both Senator BENNETT and I have mittee has become keenly aware. particularly at high risk. had a particular interest in small busi- Laurene West is a registered nurse and Each industry we have examined is nesses. This is because small businesses a computer expert. She brings together critical to the functioning of our soci- fulfill such a crucial role in our Na- some wonderful talents. And if you ety. We have all heard the analogies tion’s economy, providing 51 percent of were to meet her, you would see a about making a phone call on Decem- the total private sector output. Small seemingly healthy woman. Were it not ber 31 around midnight and getting the businesses are absolutely vital to the for the fact that I tell you now, you bill the next month with a charge for economic well-being of our Nation. would never guess that her state of 100 years of long-distance calls. But There are approximately 14 million health will put her more at risk than what if the phone doesn’t work at all; small businesses in the United States any of us when the year 2000 arrives. what if you lose contact with your today and, according to the NFIB Edu- Ms. West had a tumor removed from work, your family doctor, your 911 dis- cation Foundation, nearly a quarter of March 2, 1999 CONGRESSIONAL RECORD — SENATE S2077 these 14 million businesses haven’t gation. I already mentioned my con- tinue to look closely at the sectors of spent a dime on year 2000 remediation. cerns about this and my desire for leg- infrastructure that we have reported Fifty-five percent of them correspond islation. I think the price tag of $500 on in this interim report. We need to with suppliers via electronic inter- billion to $1 trillion speaks for itself. work closely with our international action and 17 percent say that they That would be a staggering cost to our neighbors who are of particular inter- would lose at least half their sales or Nation, not to mention to the individ- est to the United States, both economi- production if automated processes were ual businesses that may be the subject cally and politically, in order to better to fail. Many of these companies are of litigation. It would be contrary, in assess their problems and better antici- playing wait and see—in reality, gam- my view, to our goal of preparation, to pate the effect that problems in their bling that the problems are small, or at walk blindly into the next year with- countries will have on us. least they will be able to repair the out taking into consideration the ques- Our list of priorities for the coming damage before they go out of business. tion of litigation reform. months include the following: We need In our February 5 hearing, we heard Any reform would have to be, in my to revisit the domestic industry and in- testimony from Mr. Ken Evans, presi- view, specific. It ought to be biparti- frastructure sectors first examined last dent of the Arizona Farm Bureau Fed- san, especially considering this is a year. As I indicated, we need to place eration. Part of the responsibility of very unusual circumstance. There is no increased emphasis on international his organization is to look out for a established precedent upon which to Y2K preparedness. We hope to identify type of small business that is literally rely in making recommendations for national and international security the bread and butter of our country— reform. Reform would have to be nar- issues and concerns, some of which we the family farm. Some reports have in- rowly tailored, in my view, for a very have been briefed on even as late as dicated that these small businesses specific purpose. It would have to en- today, as Members of this body, by the may not be affected by the year 2000 courage businesses and organizations respective agencies of our Federal Gov- problem since few of the systems used to seek solutions and disclose progress ernment. We will continue to monitor by family farms are automated. How- without fear of litigious retribution. At Federal Government preparedness, but ever, as Mr. Evans pointed out before the same time, companies and organi- also turn our attention more to State our committee hearing, smaller farms zations must not be allowed to choose and local government preparedness. rely heavily on vendors, telecommuni- to do nothing and escape responsibil- Evaluating contingency emergency cations services, bankers, and trans- ity. We will be looking at this in the preparedness and planning is a high portation companies that are all highly coming weeks. Clearly, much is left to priority for this year. We need to deter- automated. be resolved. mine the need for additional Y2K im- I know the Presiding Officer in the Again, Senator BENNETT has spoken plementation or delaying implementa- Chair comes from one of our rural about the interconnected relationships tion dates of new regulations. States and knows better than most of governments, all organizations, all I should have made note, by the way, about just what I have said here, that companies and people. To say that ev- when speaking about our paying atten- people have sort of a mythological per- erything is connected is to put simple tion to local governments and to mu- ception about the family farm and how words to a very complex reality. To nicipalities, our colleague from New it works. But today to succeed as a those chief executive officers who have York, who I think is going to come family farmer you have to be con- told us that their Y2K exposure is non- shortly to the floor, has raised the nected with these other vehicles to pro- existent, due to early planning and re- issue. vide the services you need and to get mediation efforts, I would only ask: Here he is. He has already raised the your products and produce to the con- What will you do if power is disrupted issue of how we might help the munici- sumers. on the grids? What will you do if you palities and State governments, and I The smooth functioning, as Mr. cannot ship products? What will you do commend him once again for bringing Evans pointed out, of day-to-day busi- if your vendors are not Y2K compliant? to this chamber the kind of vision he ness on the small farm requires that To government leaders at the local and historically has brought on so many phones work, the refrigeration is in State level who have not planned for other matters. I leave it to the Senator service, and the transportation services this, we would ask: What will you tell from New York to discuss his ideas in are available. the people you serve if their govern- that regard, and I leave him to com- In general, we think the level of pre- ment cannot function? To those HMOs ment on those matters. paredness seems to be determined by and physicians who are not anticipat- In closing, I want to reiterate the the relative size of the business or by ing a Y2K-related problem, my ques- words of our colleagues when they said how much the business is regulated by tion to you is: What will happen if you we must work together. We must not State and Federal agencies. While the are wrong and you do nothing? let our differences keep us apart. If we heavily regulated insurance, invest- Even if our country solves this prob- are going to cooperate, if we are going ment, and banking industries are the lem, the fact that many of our industry to keep this from becoming a larger furthest ahead in the Y2K compliance sectors are tied closely to inter- problem than it has to become, then efforts, health care, oil, education, ag- national businesses and economies will the finger-pointing and name-calling riculture, farming, food processing, and have an unknown effect on all of us. and recriminations that can often be the construction industries are lagging Plants grown overseas affect the sup- associated with this kind of an issue behind. ply of pharmaceuticals here. America need to be eliminated entirely. The cost to regain lost operational imports goods ranging from produce to Again, I commend my colleague from capability for mission-critical failures electronic equipment. How will our Utah who has led this effort so well will range, we are told, from $20,000 to economy be affected if some of these over the past year or two—several $3.5 million per business, depending products do not arrive on our shores? years, now. I am very, very confident upon the size of your company. It is es- The fact is, what I am saying here, and that, whatever else may happen, we timated that it will take an average of what Senator BENNETT has said over will be doing our very best in these 3 to 15 days to fix the problems. Large and over again, is we are all in this to- coming 10 months to keep our col- companies with greater resources, of gether. You are not protected by geo- leagues and the American public well course, are better able to deal with the graphical boundaries, by political enti- informed about this issue, raising con- year 2000 problem. Small and medium- ties, or by lamenting what is not hap- cerns where we think they are legiti- sized businesses, however, are the most pening offshore. mate, not engaging in the hyperbolic vulnerable to the year 2000 disruptions. There is a storm on the horizon. We kind of rhetoric that can create a panic One survey shows that more than 40 have seen the warning signs. The ques- which poses its own set of problems, percent of 14 million small businesses tion is, do we have the ability to but to be realistic with people, backup do not have any compliance plans in weather this storm? We think we do, what we say with the kind of evidence place. but we have to work hard and all of us we think is important for the Amer- Mr. President, I am only going to need to work together. In weathering ican public and others to have as we speak briefly about the problem of liti- this potential storm, we need to con- try to work our way through this issue. S2078 CONGRESSIONAL RECORD — SENATE March 2, 1999 With that, I reserve the remainder of planning $600 million, and it already clear launches, nuclear alerts, false my time and am glad to yield to my expended a goodly share of that. alarms. colleague from New York. I apologize, I Indeed, it was not all our initiative, We can think, Mr. President, that didn’t see him come in earlier or I but certainly it was serendipitous, if I this was something behind us, surely a would have yielded to him earlier. can use that term, that the security in- matter of passing. It wasn’t. We have The PRESIDING OFFICER (Mr. dustry commenced massive testing just learned just recently that in 1983, one CRAPO). The senior Senator from New a week later—on July 13, 1998. The Soviet officer, a Stanislav Petrov, a 44- York. tests went very well. The industry was year-old lieutenant colonel, was in the Mr. MOYNIHAN. Mr. President, I rise on to this subject. The point being, if Serpukhov–15 installation where the in the first instance to congratulate you are on to this, you can handle it. It Soviet Union monitored its early warn- the chairman of our committee and his is those who aren’t who will leave us in ing satellites over the United States, vice chairman for the extraordinary the greatest trouble. There will be an- and all of a sudden the lights began to work they have done in less than a other industry-wide test later this flash ‘‘Start,’’ because the warning year. I make the point, it is a point of month. So much for private initiative. time is very short. Senate procedure, that it is rare there We should be grateful for what we He made a decision on his own: they is a chairman and vice chairman, not have learned, here and abroad. As the only supposed that they had picked up chairman and ranking member. This Senator from Utah and the Senator a launching; the equipment picked up has been a wholly bipartisan effort from Connecticut have made clear, five ICBMs. Mankind was spared by one from the first, and I think we can see there are countries that have under- lieutenant colonel in the Soviet Army that from the results in so brief a span. stood this, as we have done, and are on who knew enough strategic doctrine to The issue has been with us for some top of this. But there are too many know that the United States would while, and it would be derelict of me other countries that don’t know the never launch five. It might launch not to mention that it was brought to problem exists or might as well not. 5,000. So as the information went up, by my attention by a dear friend from As a sometime resident in India, I the nanoseconds, through the chain of New York, a financial analyst, John was interested to find that Indian en- command, it was decided not to launch Westergaard, who began talking to me terprises, concentrated in the Ban- a counterstrike. about the matter in 1995. On February galore area, are very much involved in That is how close we came, probably 13 of 1996, I wrote to the Congressional doing the computer remediation. If you never in a more mortal way. He is still Research Service to say: Well, now, would like to know something about alive and has told his tale. I ask unani- what about this? Richard Nunno au- the world we live in, Mr. President, the mous consent that at the end of my re- thored a report which the CRS sent to work for the day is sent to them from marks David Hoffman’s account of this me on June 7 saying that ‘‘the Y2K San Francisco or New York or Chicago; in the Washington Post be printed in problem is indeed serious and that fix- they do it overnight, which is not over- the RECORD. The PRESIDING OFFICER. Without ing it will be costly and time-consum- night for them, it is the daytime, and objection, it is so ordered. ing. The problem deserves the careful it is back on our desks in the morning. (See Exhibit 1.) and coordinated attention of the Fed- It is that kind of world we live in. Mr. MOYNIHAN. Mr. President, I eral Government, as well as the private Hence, to the second subject, which suggest that we seek to reach an agree- sector, in order to avert major disrup- is the nuclear one. There is potential ment for the Russians to come and tions on January 1, 2000.’’ here for the kind of unintended disas- bring with them all their codes and I wrote the President, on July 31 of ter of an order we cannot describe in their classified communications modes, that year, to relay the findings of the terms of medical care or financial learn what our early warning system CRS report and raise the issue gen- statements or, for that matter, air is, tell us what they will of theirs, per- erally. And, in time, a Presidential ap- travel at New Year’s—which is to say haps be open about its own weaknesses, pointment was made to deal with this that the failure of computer systems in which are so great. These are the peo- in the executive branch, to which I will Russia to give the correct information ple who still have the fate of mankind return. But last spring—less than one about early warning systems, such that in their hands, and they haven’t been year ago—the majority leader and the 6,000 nuclear warheads still in Russia paid in 6 months. What they talk minority leader had the perception to are not inadvertently launched. They about, evidently, is the need for appoint this gifted committee, with its could be, you know. They are in place— money. How in God’s name we cannot exceptional staff, and now we have its not all—but enough. A hundred would provide it I fail to see. The mainte- report before us. do. Three would be a calamity. Two nance of our nuclear system in the Two points, followed by a coda, if I were dropped on Japan and ended the course of a half century cost $5.5 tril- may. Shortly after the committee s es- Second World War. These are all huge lion. I sometimes forget this, but in my tablishment, Senator BENNETT and I weapons, far above the tonnage and of years on the Finance Committee, I convened a field hearing—on July 6—in a different chemical composition than have learned that a billion minutes New York in the ceremonial chamber the early atomic bombs, as we have ago, Saint Peter was just 30 years dead. of the U.S. Federal Court House for the come to know them. A billion is a large number. A trillion Southern District of New York at The Russians seem to know they is beyond our capacity. They are ask- Foley Square. We found we were talk- have a problem—or they may have a ing thousands of millions. Very little. ing to the banks, the big, large, inter- problem. Or they don’t know whether I hope Beijing might want to join. I national banks in the city, and the they do or they don’t. In that situa- would invite Islamabad and New Delhi, stock exchange. And we found them tion, ‘‘we didn’t quite catch it’’ could places which are unstable and have nu- well advanced in their preparations re- bring incomprehensible catastrophe clear devices. Out of that, Mr. Presi- garding this matter. I think my col- just at the moment when we thought dent, out of this immediate crisis, we league from Connecticut would agree. that long, dark half a century was might find a longrun institution or in- They were not only dealing with it in ended, the half century that began in stitutions—they need not be here, ex- their own terms, they had gone to the 1946, when the Soviets exploded their clusively—they can be in many Bank for International Settlements in first nuclear device. places—in which we would monitor one Basel where a Joint Year 2000 Council We have a danger here and we have another’s nuclear activity while, pray had been established at our initiative. an opportunity, and we ought to re- God, we develop it down, and relearn They were hard at work on their own spond to the one and seize the other. the confidence-building measures that problems. They were worried about We are given to understand that our were so important in the cold war. others. Department of Defense officials have That telephone between the Kremlin One witness told us that 49 Japanese begun some negotiations, discussions and the White House made more of a banks planned to spend some $249 mil- in Moscow to invite a Russian team to difference than we probably know. It is lion as a group on Y2K compliance; 49 Colorado Springs—where it happens this kind of thing. banks are thinking of spending in com- our facilities in these regards are lo- I note to my dear friends—and I will bination $249 million. Citicorp was cated—to let us watch each other’s nu- get complete agreement—this body has March 2, 1999 CONGRESSIONAL RECORD — SENATE S2079 known fewer persons with a greater un- came back and said, ‘‘You know, I As Petrov described it in an interview, one derstanding of the cold war than Sen- don’t think it’s a good idea. The press of the Soviet satellites sent a signal to the ator Sam Nunn and the late Senator should be free in this country.’’ bunker that a nuclear missile attack was un- Henry Jackson who, in the early 1980s, President Wilson wrote the bill man- derway. The warning system’s computer, weighing the signal against static, concluded brought up the concept of a joint early ager on the House side, and said, that a missile had been launched from a base warning system. And then the MX was ‘‘Please keep it.’’ It was not kept. But in the United States. deployed, and we moved from essen- it was assumed it was kept, so much so The responsibility fell to Petrov, then a 44- tially a deterrence position on nuclear that when the Pentagon Papers were year-old lieutenant colonel, to make a deci- matters, a second-strike, if you will, to released, the executive branch of our sion: Was it for real? a first-strike capacity, such that the Government just assumed that was a Petrov was situated at a critical point in Soviet systems had to be constantly crime and proceeded to prevent their the chain of command, overseeing a staff that monitored incoming signals from the alarmed. publication and find out more about satellites. He reported to superiors at warn- Now, maybe that idea of Senators the person who had released them. And ing-system headquarters; they, in turn, re- Nunn and Jackson will come, come at the next thing you know, we had an ported to the general staff, which would con- last. I would hope for two things. And impeachment hearing in the Federal sult with Soviet leader Yuri Andropov on the I do not want to impose, and I do not Government—a crisis that all grew out possibility of launching a retaliatory attack. want to presume, but I will do. This is of secrecy and presumptions of secrecy. Petrov’s role was to evaluate the incoming not a time for too much delicacy. I would hope—I doubt there is any- data. At first, the satellite reported that one I would hope that our chairman and body in the Pentagon listening, but I missile had been launched—then another, vice chairman—I make that point: the and another. Soon, the system was ‘‘roar- see the chairman and vice chairman ing,’’ he recalled—five Minuteman inter- Intelligence Committee and, I believe, listening—I would hope they would say continental ballistic missiles had been the Ethics Committee have a chairman we could have an open briefing. The launched, it reported. and vice chairman; all the rest is ma- American people will respond intel- Despite the electronic evidence, Petrov de- jority rule around here, which is fine, ligently to dangers of which they are cided—and advised the others—that the sat- but this is bipartisan—if they might appropriately apprised. And this surely ellite alert was a false alarm, a call that may find it possible to visit Moscow and is one. have averted a nuclear holocaust. But he was talk with members of the Duma there But, sir, I have spoken sufficiently. I relentlessly interrogated afterward, was never rewarded for his decision and today is where the START II treaty, which we beg to say one last thing. On the House a long-forgotten pensioner living in a town took all the 1980s to negotiate, lies un- side, our colleague and friend, Rep- outside Moscow. He spoke openly about the ratified. And our plans for START III resentative STEPHEN HORN of Califor- incident, although the official account is are, accordingly, on hold. They might nia, has been very active producing still considered secret by authorities here. go or they might invite—some action ‘‘report cards’’ on the status of the dif- On the night of the crisis, Petrov had little from the Congress, I think, is in order. ferent departments of the Government time to think. When the alarms went off, he And it would be no harm to point out and keeping it up regularly. As the recalled, ‘‘for 15 seconds, we were in a state of shock. We needed to understand, what’s to the Russian Government that they Senator from Connecticut observed, next?’’ now have a legislative branch. And if it the Social Security Administration got Usually, Petrov said, one report of a lone acts in ways that are not always agree- A’s all along. Others have not. rocket launch did not immediately go up the able to the executive, well, that is not It would not be a bad idea for the chain to the general staff and the electronic an unknown phenomena. It has been chairmen and ranking members of our command system there, known as Krokus. going on for two centuries in the standing committees to review Rep- But in this case, the reports of a missile United States. It is an important and resentative HORN’s report cards and salvo were coming so quickly that an alert necessary initiative we ought to some- keep an eye on the departments that had already gone to general staff head- quarters automatically, even before he could how pursue. report to them. judge if they were genuine. A determination One final point. I hope my friends Other than that, I think I have spo- by the general staff was critical because, at will not feel I am trespassing on their— ken long enough. I do not think, how- the time, the nuclear ‘‘suitcase’’ that gives a our concerns, as I am a member and am ever, I have sufficiently expressed my Soviet leader a remote-control role in such honored to be a member of the commit- admiration and at times awe of the decisions was still under development. tee—the Pentagon is too much disposed performance of our chairman and vice In the end, less than five minutes after the to discuss this matter in secret session. chairman. The Senate is grateful, is in alert began, Petrov decided the launch re- This is a time for more openness. This their debt. So is the Nation. The Na- ports must be false. He recalled making the tense decision under enormous stress—elec- is a time the American people can be tion need not know that; it just needs tronic maps and consoles were flashing as he trusted with information which the to pay attention to their message, sir. held a phone in one hand and juggled an Russian authorities already have. Mr. President, I yield the floor. intercom in the other, trying to take in all One of the phenomenons of the cul- EXHIBIT 1 the information at once. Another officer at tural secrecy which has developed over [From the Washington Post, Feb. 10, 1999] the early-warning facility was shouting into the phone to him to remain calm and do his the last century is that the U.S. Gov- ‘‘I HAD A FUNNY FEELING IN MY GUT’’—SO- job. ernment is continuing to keep informa- VIET OFFICER FACED NUCLEAR ARMAGEDDON ‘‘I had a funny feeling in my gut,’’ Petrov tion from us which our adversaries (By David Hoffman) know perfectly well. It is only we who said. ‘‘I didn’t want to make a mistake. I MOSCOW—It was just past midnight as made a decision, and that was it.’’ do not know. This has done a percep- Stanislav Petrov settled into the command- Petrov’s decision was based partly on a tible harm to American democracy. We er’s chair inside the secret bunker at guess, he recalled. He had been told many have no idea how distant it is from the Serpukhov-15, the installation where the So- times that a nuclear attack would be mas- beginning of the century when Wood- viet Union monitored its early-warning sat- sive—an onslaught designed to overwhelm row Wilson could proclaim, as a condi- ellites over the United States. Soviet defenses at a single stroke. But the tion of peace to conclude the First Then the alarms went off. On the panel in monitors showed only five missiles. ‘‘When World War, ‘‘open covenants openly ar- front of him was a red pulsating button. One people start a war, they don’t start it with word flashed: ‘‘Start.’’ only five missiles,’’ he remembered thinking rived at.’’ It was Sept. 26, 1983, and Petrov was play- at the time. ‘‘You can do little damage with Now, mind you, that same President ing a principal role in one of the most just five missiles.’’ Wilson, to whom I am devoted, in the harrowing incidents of the nuclear age, a Another factor, he said, was that Soviet day after he asked for a declaration of false alarm signaling a U.S. missile attack. ground-based radar installations—which war, he sent a series of 17 bills, which Although virtually unknown to the West search for missiles rising above the horizon— were rolled together and called the Es- at the time, the false alarm at the closed showed no evidence of an attack. The ground pionage Act. It provided for prior re- military facility south of Moscow came dur- radar units were controlled from a different straint, as lawyers call it, censorship of ing one of the most tense periods of the Cold command center, and because they cannot War. And the episode resonates today be- see beyond the horizon, they would not spot the press. First Henry Lodge, on this cause Russia’s early-warning system has incoming missiles until some minutes after floor, the chairman of the Foreign Re- fewer than half the satellites it did back the satellites had. lations Committee, said, ‘‘Yes, I think then, raising the specter of more such dan- Following the false alarm, Petrov went that is a good idea.’’ The next day he gerous incidents. through a second ordeal. At first, he was S2080 CONGRESSIONAL RECORD — SENATE March 2, 1999 praised for his actions. But then came an in- The Senator from Connecticut talked with more disclosure. Here we are vestigation, and his questioners pressed him about the liability bill. I agree with working very closely with the SEC. hard. Why had he not written everything him absolutely that we cannot take Chairman Arthur Levitt of the SEC has down that night? ‘‘Because I had a phone in this particular emergency and turn it been in close touch with the commit- one hand and the intercom in the other, and I don’t have a third hand,’’ he replied. into a stealth operation to slip through tee, with Senator DODD and me, as we Petrov, who was assigned to the satellite other legislation, even though I would have gone through this. The SEC is early-warning system at its inception in the be for it. The Senator from Connecti- working very hard to get more disclo- 1970s, said in the interview that he knew the cut would be opposed to it. I would love sure. Unfortunately, we haven’t had system had flaws. It had been rushed into to do that. But I think that would be the kind of disclosure that I think service, he said, and was ‘‘raw.’’ an inappropriate thing to try to do. shareholders are entitled to in this Petrov said the investigators tried to make It has just come to my attention a area. This is one thing we ought to him a scapegoat for the false alarm. In the demonstration of why we need some keep pushing for. We ought to have end, he was neither punished nor rewarded. According to Petrov and other sources, the kind of limited liability relief tied to more hearings. The Senator from New false alarm was eventually traced to the sat- this. I had an interview with an indi- York talked about that. ellite, which picked up the sun’s reflection vidual who is following Y2K matters, The authorizing committees, com- off the tops of clouds and mistook it for a and she said, ‘‘What are you going to mittees of jurisdiction, should take up missile launch. The computer program that do about insurance companies that are the burden of conducting oversight was supposed to filter out such information canceling policies over Y2K?’’ And hearings of the Departments that they was rewritten. quite frankly, I was skeptical. I said, ‘‘I have responsibility for. This has al- It is not known what happened at the high- don’t know of any insurance companies ready happened. The Armed Services est levels of the Kremlin on the night of the Committee of the Senate held a very alarm, but it came at a climactic stage in that are canceling policies.’’ U.S.-Soviet relations that is now regarded as Well, she sent me one. And here it is; useful hearing last week with the level a Soviet ‘‘war scare.’’ According to former it arrived today. I think that is appro- of preparedness of the Secretary of De- CIA analyst Peter Pry, and a separate study priate since this is the day we are talk- fense. I won’t repeat all the informa- by the agency, Andropov was obsessed with ing about Y2K. Here—in an area that tion that was developed there because the possibility of a surprise nuclear attack the Senator from Connecticut has pio- it is already in the RECORD, but there by the West and sent instructions to Soviet neered, health care—is an insurance ought to be more of that going on as we spies around the world to look for evidence company that has sent out an endorse- get closer to this. The burden of paying of preparations. One reason for Soviet jitters at the time ment on one, two, three, four, five, six, attention to what is going on in the ex- was that the West had unleashed a series of seven, eight different health care poli- ecutive branch should not fall exclu- psychological warfare exercises aimed at cies that they write. sively on John Koskinen and the Presi- Moscow, including naval maneuvers into for- They say: dent’s Council on the Year 2000. It ward areas near Soviet strategic bastions, The following exclusion is added to Section should be shared by the Congress. We such as the submarine bases in the Barents III [of these policies]: should have more activity rather than Sea. This Policy does not apply to, and the less, as the Congress stays involved in The 1983 alarm also came just weeks after Company will not pay any DAMAGES or this. Soviet pilots had shot down Korean Air CLAIM EXPENSES . . . arising out of, or in Finally, we have suggested to Sen- Lines Flight 007 and just before the start of any way involving any actual or alleged fail- ators that they should meet with their a NATO military exercise, known as Able Ar- ure of any . . . ‘‘equipment’’ . . . [relating own constituents. Senator DODD has cher, that involved raising alert levels of to]: U.S. nuclear forces in Europe to simulate (A) any date or time after September 8, done this in Connecticut, as I have in preparations for an attack. Pry has described 1999; Utah. Senator SMITH has done it regu- this exercise as ‘‘probably the single most larly in Oregon and as part of his own dangerous incident of the early 1980s.’’ The reason for that, Mr. President, is because the 9th day of the 9th month of education as a member of this commit- Mr. BENNETT addressed the Chair. the 99th year could trigger four 9’s in a tee. But other Senators who are not The PRESIDING OFFICER. The Sen- computer program and cause it to fail. members of the committee have been ator from Utah is recognized. working in this way. We on the com- Mr. BENNETT. I thank the Senator (B) any date, time, or data representing or referring to different centuries or more than mittee are prepared to help them in from New York for his generous re- one century; this effort. We are going to put to- marks. He is always generous and gra- (C) the change of the Year 1999 to the Year gether, in addition to the report that cious. I never deserve all the nice 2000; has been released today, talking points things he says about me, but I am al- Or, and guidance information for Senators ways glad to have him say them none- (D) the Year 2000 as a leap year. who decide they want to hold town theless. I am grateful on this occasion The reason for that, Mr. President, is meetings or other meetings while they as well. that the algorithm used in computers are back in their own home States. PRIVILEGE OF THE FLOOR to compute dates—for reasons I won’t That is very worthwhile. It helps ac- I ask unanimous consent that Tania take the time to explain—will not rec- complish the twin goals of the commit- Calhoun, a detailee to the committee, ognize the 29th of February, a leap tee: No. 1, to calm down the panic so be granted floor privileges for the bal- year, in the year 2000; it recognizes it that people are not Chicken Little; ance of the debate. in every other leap year but it does not and, at the same time, raise the aware- The PRESIDING OFFICER. Without recognize it in the year 2000. ness in a responsible way. Individual objection, it is so ordered. Here is an insurance company that Senators speaking in their individual Mr. BENNETT. Thank you, Mr. says, ‘‘We will not pay any claims aris- States have a higher profile than President. ing from these predictable Y2K kinds of speeches on the floor of the Senate. Mr. MOYNIHAN. Mr. Chairman, problems.’’ So you have that added That is something we ought to be doing would you allow me to request a simi- burden to a company that is doing its and something that our committee will lar privilege of the floor? very best to get the Y2K thing under do its very best to facilitate. I ask unanimous consent that Jason control and suddenly finds that their Now, this is a moving target, as we Klurfeld of my staff, a designee on the insurance policy is being unilaterally have both said. One of the areas that committee, have privileges of the floor. canceled. has just come to light that we are The PRESIDING OFFICER. Without Now, as I have said on this floor be- going to need more information on is objection, it is so ordered. fore, I am unburdened with a legal edu- the chemical industry. We were assured The Senator from Utah is recognized. cation, so I don’t know quite how to that everything was all right in the Mr. BENNETT. Thank you. deal with this one, but I am sure this is chemical industry, and now we are dis- In the list of questions I laid out at something that ought to go in the mix covering that maybe that is not the the beginning of my presentation, we of what we might do with respect to case. The chemical industry might re- are now at the point where we are ask- some kind of legislation this year. place the health care industry as an in- ing the two questions: What should we Another thing we should be doing dustry that we look at. This is going to be doing next and what can we expect? next—should be doing now—has to do require us to pay attention through the March 2, 1999 CONGRESSIONAL RECORD — SENATE S2081 remainder of this year, which is why The World Bank funded the airline run the risk of having them shut down the resolution funding the committee tickets for some of these Y2K coordina- because of an infrastructure failure. We for the coming year is the subject of tors, which raises the demonstration of are going to call the loan, sell the this debate. the problem we have in many countries stock, and do whatever is necessary to There have been some questions, by around the world. As our consultants get our money out before it really hits. the way, raised as to: Where is this have spanned out and talked to these This ‘‘flight to quality’’ may very money coming from, and how is Sen- people, many of them say, ‘‘We recog- well mean that the rich get richer and ator BENNETT going to pay for it? nize we have a problem; we recognize it the poor get poorer as a result of Y2K, Where is the offset? I can assure all is very serious. We are completely which raises the other two Senators, this is part of the overall al- broke. What do you suggest we do unknowables, but that we need to be location of Senate business. This is not about it? We simply can’t afford the concerned about: One, civil unrest in new money; this is money that is al- kind of remediation that you are going some of these countries and what that ready in the budget. It is just being al- through in the United States.’’ might mean to their economies and located to this committee as opposed We just had a team of consultants their place in the world markets; sec- to some other use. We do not have to that came back from Russia and they ond, humanitarian requirements. come up with an offset for it under the did a very valid job of assessing where I say, somewhat facetiously, that we Budget Act. For those who are con- things are in that country. But they have foreign policy by CNN in this cerned about that, I assure you that is said every official that they spoke to country. That is, when the CNN cam- not of concern. It is a little heartening began the conversation by asking for eras go into a particular area of the and indicates that Senators are indeed money. Every single one said, ‘‘We world and send images back to the watching this on their television sets have a problem. Now, can you help us United States, we then respond. CNN in their own offices. They are making solve it, because we can’t afford to do cameras showed starving children in these phone calls. If they weren’t call- anything about it.’’ Senator MOYNIHAN Somalia and George Bush sent in ing the cloakroom asking this, then we was talking about the Russian military troops. I am not criticizing that deci- would know they were not paying at- not having been paid for months and sion to send in troops, but I wonder if tention. months, and they say, ‘‘If we haven’t there might not have been starving The final question which we get all got any money to pay to our military, children in other parts of Africa that the time with respect to Y2K—Senator we don’t have any money to deal with CNN didn’t get into and that was the DODD gets it, I am sure; I get it almost the Y2K problem.’’ reason we didn’t intervene in those everywhere I go—What can we expect? What will be the impact? There will countries as well. I have a nightmare of Are we going to be all right? We ad- be economic dislocation in many coun- CNN cameras in villages or cities dressed this in our opening remarks in tries as a result of this. In some coun- where there is no power, no tele- saying yes, we are probably going to be tries it will be more serious than oth- communications, the banking system all right, generally. The United States ers. The unknowable question is, What is broken down, widespread rioting, is going to have some problems, but it will be the impact on the United and then the request is: What is the is not going to be the end of the world States? I cannot quantify that for you, United States going to do about it? The as we know it. but I will give you this overall assess- I want to now focus on what I think United States has its Y2K problem ment. I think Y2K will trigger what we can expect outside of the United under control—the richest country in the economists call a ‘‘flight to qual- States, because that is the area of the world—and we will be faced with greatest concern as we have gone ity.’’ That is, I think investors around the humanitarian challenge of some through this situation. There are far the world, as they decide that infra- real hardship in some real areas. too many countries in the world where structure problems are going to arise So, again, Mr. President, that is one Y2K has not been given the kind of at- in certain countries, will decide as a of the reasons why the special commit- tention it deserves. Recently, to his matter of prudence on their part, to tee on year 2000 should be funded and credit, John Koskinen, the President’s withdraw their financial support for continued, so that we can monitor Y2K czar, working with officials at the economic activity in that country, these things in the way we have in the United Nations, helped put together a which will cripple the country further. past and provide information and guid- Y2K Day at the United Nations and in- The speed with which money moves ance to policymakers who have come vited the Y2K coordinators from all of around the world is now very different to depend upon us as a repository of in- the countries around the world to come than it used to be as recently as 10 or formation in this whole situation. to New York and participate in this 15 years ago. It used to be when there Mr. DODD. Will the chairman yield? discussion at the United Nations. I was foreign investment in a country, Mr. BENNETT. Yes, I am through went to New York, along with Con- getting that investment out meant with my formal statement. gressman HORN, to represent the legis- couriers going through airports with Mr. DODD. I see that our colleague is lative branch there and demonstrate attache cases filled with crinkly pieces here, and I won’t be long. that it was not just the executive of paper handcuffed to their wrists. First, I want to commend Senator branch of the Government that was Senator Dole assigned me to work on MOYNIHAN from New York for an excel- concerned about this. the Mexican peso problem in early 1995 lent statement. He has been a real There was a very heartening turnout. when the Mexicans devalued the peso. value to us on the committee. He A large number of countries sent Y2K The flight of foreign investment from brings such a wealth of knowledge, in- coordinators. It was a very useful day. Mexico took place in a matter of hours, formation and experience. I thought That is the good news. The bad news is and it was all done electronically—a his observation about at least some of that many of these Y2K coordinators few keystrokes at a keyboard and the the material the Defense Department didn’t know anything about Y2K up to money was gone. The speed with which has is a worthwhile suggestion. We about 2 weeks before they were ap- foreign investment fled Mexico stunned might want to explore how to make pointed coordinator and given a ticket a number of economists who had no more of that information available to to New York. They had no idea what idea that the foreign money would dis- the general public. I think those who this was about. The fact that the appear virtually overnight. are skeptical about whether or not United Nations was holding a day and I think you are going to see that there is legitimacy in pursuing this they were invited to come, their gov- kind of thing repeated as foreign inves- committee and making the informa- ernment said, ‘‘Maybe we need a Y2K tors say: Our Y2K assessment says tion available as we require it, their coordinator to go; you go; name some- Country X’s infrastructure is going to concern would be further dispelled were body’’—he or she got on the airplane, fail, their power system is going to go they to have the ability to share some flew to New York, and didn’t have the down, their telecommunications sys- of the information we have come slightest idea what we were talking tem will fail and they won’t be able to across. about. That is the bad news. function. Even though we are confident I commend my colleague from Utah. The other bad news is that some of in the management of the company we I think this memo where he has left off them simply could not afford a ticket. are backing in that country, we can’t the name—and I will respect that as S2082 CONGRESSIONAL RECORD — SENATE March 2, 1999 well here, although I will point out President. An awful lot of agencies are WORLDWIDE PREDICTIONS BY INDUSTRY—Continued that it is not a Connecticut company. doing pretty well. Some have a long Rate Most people would assume that since it way to go here. I think this may be a (percent) Industry is an insurance company, it is probably worthwhile item to be included in the 33 ...... Biotechnology, Chemical Processing, Consulting, Discrete located in Connecticut; but it is not. RECORD. Manufacturing, Heavy Equipment, Medical Equipment, We may want to compose a letter to I ask unanimous consent that Pre- Publishing, Semiconductor, Software, Telecom, Power, send to the industry as a whole. I Water. dictions by Country and Worldside Pre- 50 ...... Broadcast News, Hospitality, Food Processing, Law Enforce- would be very curious as to whether or dictions by Industry be printed in the ment, Law Practices, Medical Practices, Natural Gas, not this is a unique, isolated case, or Ocean Shipping, Pulp and Paper, Television, Transpor- RECORD. tation. whether or not it is being duplicated by 66 ...... City and Town Municipal Services, Construction, Education, others. There being no objection, the mate- Farming, Government Agencies, Healthcare, Oil. For those who may not have heard rial was ordered to be printed in the this, we have come across a memo RECORD, as follows: Mr. DODD. Lastly, I don’t have this which details a number of different with me, but I am going to ask unani- kinds of health care policies that would PREDICTIONS BY COUNTRY mous consent that it be printed in the RECORD as well, Mr. President. I spent be significantly affected. In fact, they Rate would be excluded from payment if, in (percent) Country a couple of hours yesterday in my State with the Garner Group, a suc- fact, the damages occur ‘‘as a result of 15 ...... Australia, Belgium, Bermuda, Canada, Denmark, Holland, failure of any machine, equipment, de- Ireland, Israel, Switzerland, Sweden, United Kingdom, cessful firm that represents 35,000 cli- United States. ents worldwide—public and private en- vice, system, or component thereof, 33 ...... Brazil, Chile, Finland, France, Hungary, Italy, Japan, Korea, whether it is used for the purposes or Mexico, New Zealand, Norway, Peru, Portugal, Singapore, tities—and has a pretty good fix on Spain, Taiwan. what is happening at home and abroad. whether or not the property of the in- 50 ...... Argentina, Armenia, Austria, Bulgaria, Columbia, Czech Re- surer to correctly recognize, accept, public, Egypt, Germany, Guatemala, India, Japan, Jordan, They have a new assessment, an up- Kuwait, Malaysia, Poland, Puerto Rico, Saudi Arabia, dated assessment, an industry-by-in- and process or reform any function: South Africa, Sri Lanka, Thailand, Turkey, U.A.E., Ven- any date or any time after September ezuela, Yugoslavia. dustry assessment worldwide, national 66 ...... Afghanistan, Bahrain, Bangladesh, Cambodia, Chad, China, assessments, and for major nations 8, 1999, to January 1.’’ Costa Rica, Ecuador, El Salvador, Ethiopia, Fiji, Indo- Clearly, this is the insurance compa- nesia, Kenya, Laos, Lithuania, Morocco, Mozambique, around the globe as to where they are Nepal, Nigeria, Pakistan, Philippines, Romania, Russia, in all of this. I thought it might be nies saying ‘‘we are not covering you Somalia, Sudan, Uruguay, Vietnam, Zaire, Zimbabwe. here on this one,’’ which is a very im- worthwhile for the public and our col- portant piece of information. I think leagues to see that most recent infor- we ought to examine and look at that. mation. This is an early version of OMB’s WORLDWIDE PREDICTIONS BY INDUSTRY I ask unanimous consent that they be March report that we have been given Rate printed in the RECORD. which rates the Federal agencies in (percent) Industry There being no objection, the mate- terms of their year 2000 compliance. 15 ...... Aerospace, Banking, Computer Manufacturing, Insurance, rial was ordered to be printed in the Basically, there is good news here, Mr. Investment Services, Pharmaceuticals. RECORD, as follows: GOVERNMENT-WIDE SUMMARY—YEAR 2000 STATUS MISSION-CRITICAL SYSTEMS [In percent]

All systems Systems being repaired transpose Agency status Y2K Assessment Renovation Validation Implementation complaint 1 complete complete 2 complete 3 complete 4

Tier Three: NASA, FEMA, Education, OPM, HUD, Interior, GSA, VA, SBA, EPA, NSF, NRC, SSA ...... 96 100 100 99 96 Tier Two: Agriculture, Commerce, Defense, Energy, Justice, Labor, State, Treasury ...... 77 100 94 83 74 Tier One: U.S. Agency for International, Development Health and Human Services, Transportation ...... 63 100 98 79 42 All Agencies ...... 79 100 96 87 76 1 Percentage of all mission-critical systems that will accurately process data through the century change; these systems have been tested and are operational and includes those systems that have been repaired and replaced, as well as those that were found to be already compliant. 2 Percentage of mission-critical systems that have been or are being repaired; ‘‘Renovation complete’’ means that necessary changes to a system’s databases and/or software have been made. 3 Percentage of mission-critical systems that have been or are being repaired; ‘‘Validation complete’’ means that testing of performance, functionality, and integration of converted or replaced platforms, applications, databases, utilities, and interfaces within an operational environment has occurred. 4 Percentage of mission-critical systems that are being or have been repaired; ‘‘Implementation Complete’’ means that the system has been tested for compliance and has been integrated into the system environment where the agency performs its routine information processing activities. For more information on definitions, see GAO/AIMD–10.1.14, ‘‘Year 2000 Computing Crisis: An Assessment Guide,’’ September 1997, available at http://cio.gov under year 2000 Docu- ments.

Mr. DODD. I point out to my chair- from the public sector as well as the Mr. SMITH of Oregon. Thank you, Mr man that one of the industries they private sector. He served in the legisla- President. I thank Chairman BENNETT point out that is not doing very well— ture in his own State with great dis- and Senator DODD. It has been a great it is not doing badly, but not very tinction, but also he comes with a pri- pleasure and a real privilege for me to well—in terms of being Y2K compliant; vate sector perspective, which has been participate in this committee with it is the broadcast news industry, and tremendously helpful throughout the them. particularly television. So when my hearings. And I thank him for his at- colleague refers to ‘‘foreign policy by tention and for the time he has I can tell you that I sought member- CNN,’’ he is accurate, but one of the brought to this issue as well. ship on the committee when I heard problems is that CNN may have a prob- I yield the floor. about its creation. I sought member- lem—and I am sure they will respond Mr. BENNETT. Mr. President, I join ship not because I am some computer very quickly. But I thought it was in- my friend from Connecticut in thank- whiz—in fact, my kids are always try- teresting when I went over this last ing the Senator from Oregon for his ing to teach me new things we can do evening detailing some of the indus- diligence on this committee. He comes with it—but, frankly, because I recog- tries identified as ones that have work to the hearings and he contributes. He nized that my State, as well as yours, to do, and broadcast news was one that pays attention. He has blazed a way is very much focused on the develop- is lagging behind. with the meetings he held in his home ment of the high-tech industry. Oregon I also see our colleague from Oregon. State. As I say, I would encourage all has grown in high-technology in a re- Before he shares his thoughts, I want other Senators to follow his example. I markable fashion in the last decade. So to thank him as well. He has been a am happy to yield to him such time as I thought it would be important. I tremendous asset to our committee. He he may require. didn’t realize how important it would has brought a wonderful perspective The PRESIDING OFFICER. The Sen- be until feeling my oats as a member of since he joined this body, and comes ator from Oregon. this new committee. March 2, 1999 CONGRESSIONAL RECORD — SENATE S2083 Last year, I held a town hall meeting I never realized as fully as I do now for the yeas and nays on the underlying in Medford, OR. We published notice of as a member of the committee just how question. it. Usually at a town hall you get 20 or interconnected we are as a country, The PRESIDING OFFICER. Is there a 30 people to show up who want to talk and now as an entire world. I would sufficient second? about some public policy. But we said predict, as others have, that our prob- There appears to be a sufficient sec- it was going to be about Y2K. There lems in this country will be theirs. ond. were over 1,000 people who came to This is real. But it will not be of a mil- The yeas and nays were ordered. that meeting. I realized we were on to lennial nature, like some fear. But in The PRESIDING OFFICER. The something here. some parts of the world it may well be. question is on agreeing to S. Res. 7, as If any of my colleagues are listening And a business man or woman is going amended. The yeas and nays have been to me at this time, I would say to them to have to figure out how to deal with ordered. The clerk will call the roll. that no matter what State you are an international trade world that is The bill clerk called the roll. from, if you want to get the attention having to adjust to these Y2K prob- Mr. NICKLES. I announce that the of the people you are trying to serve, lems. Senator from Arizona (Mr. MCCAIN) is call a Y2K town hall. You will be I want to also say, to comfort the necessarily absent. amazed. And you will perform a great people out there, that the United Mr. REID. I announce that the Sen- public service to the people who are be- States is prospering right now relative ator from West Virginia (Mr. BYRD) is coming aware of this, mindful of it, to the rest of the world in a remark- absent attending a funeral of a family some afraid of it, some panicked by it. able way, in part because during the member. What I have found in Oregon is that 1980s and the 1990s American industry The PRESIDING OFFICER. Are there by going home to meet with my con- began to retool. As we have retooled any other Senators in the Chamber stituents and saying, ‘‘Look, don’t and restored our industrial base, we who desire to vote? panic, but begin to be prepared,’’ has have done so with Y2K-compliant The result was announced—yeas 92, had a calming effect on my State. I equipment and computerization. This nays 6, as follows: thank these two leaders in the Senate, will all make the bump in this country [Rollcall Vote No. 29 Leg.] these men who led this committee, be- much smaller than it otherwise would YEAS—92 cause when they first began talking be. Abraham Enzi Mack about this issue —and I know in the So there are lots of reasons for opti- Akaka Feingold McConnell Republican caucus Bob BENNETT was Ashcroft Feinstein Mikulski mism. But there is still much work to sort of Chicken Little; he is Paul Re- Baucus Fitzgerald Moynihan be done. vere now, and I honor him and salute Bayh Frist Murkowski I am just pleased to participate with Bennett Gorton Murray him as that. I think, frankly, Chris my colleagues today, and I know that a Biden Graham Nickles DODD has done the same thing in the Bingaman Grams Reed vote is pending. So, Mr. President, Democratic caucus. We all look to Bond Grassley Reid without further delay, I encourage all Boxer Hagel Robb them with renewed respect, and de- of my colleagues to vote for this legis- Breaux Harkin Roberts served respect, because they have been lation. Today, I think has become Brownback Hatch Rockefeller the Paul Reveres for this country on Bryan Hollings Roth something of a Y2K Day, and it does a this issue. It has been a great pleasure Bunning Hutchinson Santorum Burns Inhofe Sarbanes to serve with them. great service to our whole country to alert them to the real dangers and not Campbell Inouye Schumer I encourage my colleagues to vote for Chafee Jeffords Sessions this bill that will allow the committee the mirages. Cleland Johnson Shelby to continue to do its wonderful work. I In a hearing I recently held in my Cochran Kennedy Smith (NH) was proud to vote this morning for an- State, I heard a tragic story about a Collins Kerrey Smith (OR) gentleman who had listened to some Conrad Kerry Snowe other bill that would allow the SBA to Coverdell Kohl Specter help small businesses become Y2K com- literature that caused him to panic. He Craig Kyl Stevens pliant. went out and took all of his savings Crapo Landrieu Thompson from his personal account, roughly Daschle Lautenberg Thurmond Chairman BENNETT asked me to focus DeWine Leahy Torricelli my service on the committee on the $30,000. But somebody heard that he Dodd Levin Voinovich whole business industry. Having come had done it and went and robbed him of Domenici Lieberman Warner from the private sector, I will tell you his life savings. Dorgan Lincoln Wellstone So don’t panic; just simply be pre- Durbin Lott Wyden that businesses have a ways to go, but Edwards Lugar they are making great progress, be- pared. Find a reasonable level of stor- cause the motive of the business man age for food and water for your family, NAYS—6 or woman is to make a profit. I found take some copies of your financial Allard Gregg Hutchison Gramm Helms Thomas that for a food processor, for example— statements, check your own comput- whatever the Government standard ers, but don’t do things that are unwar- NOT VOTING—2 was, it was an important standard. It ranted, because that will be something Byrd McCain was always the floor and was never the of a self-fulfilling prophecy. We are not The resolution (S. Res. 7), as amend- ceiling. And when I wanted to sell fro- here to be self-fulfilling prophets; we ed, was agreed to. are here to be Paul Reveres, as Senator zen peas, I wasn’t trying to sell it to S. RES. 7 BENNETT and Senator DODD have shown the Government, I was trying to sell it Resolved, That section 5(a)(1) of Senate to Campbell Soup, whose standard is us how to be. Resolution 208, agreed to April 2, 1998 (105th much higher than those of the Govern- Mr. President, I yield the remainder Congress), as amended by Senate Resolution ment. of my time. I urge an ‘‘aye’’ vote on 231, agreed to May 18, 1998, is amended by— So for me as a business person, when this bill. (1) striking ‘‘$575,000’’ the second place it Y2K would come to my desk, I would Mr. BENNETT. Mr. President, I sug- appears and inserting ‘‘$875,000’’; and say, ‘‘How does this affect my ability gest the absence of a quorum. (2) striking ‘‘$200,000’’ and inserting to sell my product and make a profit?’’ The PRESIDING OFFICER (Mr. SES- ‘‘$500,000’’. So I say to all business people, this SIONS). The clerk will call the roll. Mr. LOTT addressed the Chair. could affect your ability to stay in The bill clerk proceeded to call the The PRESIDING OFFICER. The ma- business and make a profit. So if you roll. jority leader. are interested in a profit, get inter- Mr. BENNETT. Mr. President, I ask Mr. LOTT. Mr. President, I would ested in Y2K and figure out how it is unanimous consent that the order for like to take just a moment to once that this computer glitch might affect the quorum call be rescinded. again express my appreciation to the either your energy supply, your finan- The PRESIDING OFFICER. Without leaders on the subject matter just cial services, your transportation, and objection, it is so ordered. passed overwhelmingly. The Senator your ability to communicate with the Mr. BENNETT. Mr. President, I am from Utah, Senator BENNETT, and the world. These things are all inter- prepared to yield back all time, both Senator from Connecticut, Senator connected. for myself and Senator DODD, and call DODD, have done outstanding work. S2084 CONGRESSIONAL RECORD — SENATE March 2, 1999 I think they have served not only the the motion to proceed to the education where we permitted a number of States Senate but the country well by high- flexibility bill this evening. to effectively waive the regulations on lighting the problems in this area with Mr. President, I appreciate the co- the title I programs with the assurance Y2K, but doing it in a way that does operation of my colleagues on both that the objective of the title I pro- not cause undue alarm or panic. But it sides of the aisle in working out this grams would be maintained and that has been very helpful to Senators to agreement. I know the Senator from the resources could be targeted to hear what they have had to say, both Minnesota wishes to have some ex- needy children. We have seen over a pe- in the closed session and also here on tended time to talk on this matter, but riod of time a number of States take the floor this afternoon. I believe they we have worked it out in a way he will advantage of this flexibility. have contributed mightily to the pros- have his time to talk, we will get the There have been other school dis- pect of us dealing much more with the vote, and we can go on to debate the tricts which have had the opportunity problems adherent in this area and get- substance of this very important, to make application—some of them ting some results before we face the broadly bipartisan supported bill. have, but not many. What is before the turn of the century. So I commend I thank Senator DASCHLE for his co- Senate now is the consideration to ef- them for their fine work. operation in helping make this ar- fectively permit greater flexibility in f rangement. the States and local communities for The PRESIDING OFFICER. The Sen- the using of title I funds. Ninety per- EDUCATION FLEXIBILITY PART- ator from Massachusetts is recognized cent of the waivers that have been con- NERSHIP ACT OF 1999—MOTION for 10 minutes and the Senator from sidered to date have been on the title I TO PROCEED Minnesota will be recognized for 30 programs. There are other programs Mr. LOTT. Mr. President, I ask unan- minutes. that can be waivers, but those have imous consent that the Senate now Mr. KENNEDY. Mr. President, first been the title I programs. turn to a motion to proceed to the edu- of all, I welcome the opportunity that By and large, it is for reasons that cation flexibility bill, S. 280, and there the Senate of the United States now in have been best established within the be 30 minutes under the control of Sen- this early part of March will be consid- local community. There have been ator WELLSTONE tonight with 3 hours ering various education policy ques- waivers granted when they have not 30 minutes under his control tomorrow tions because I believe, like other been able to reach a 50-percent stand- and 30 minutes under the control of Members of this body, that the issues ard of poor and needy children. It Senator JEFFORDS, or his designee, and of education are of central concern to might be 48 or 45 or in some instances following the conclusion or yielding families all over America. I firmly be- 40-percent poverty children. Without back of that time, the Senate proceed lieve that what families all over Amer- that waiver, there would not be the to a vote on the motion. ica are looking for is some form of kinds of additional resources that The PRESIDING OFFICER. Is there partnership between the local commu- would be available to that school to objection? nity, the State, and the Federal Gov- help and assist the needy children. Mr. KENNEDY. Reserving the right ernment, working in harmony to try to Now we are embarked on a more ex- to object. I am just inquiring of the enhance the academic achievement and tensive kind of a consideration of a leader—since this is the legislation, I accomplishment for the young people waiver program. What I think we un- would like to, as the ranking member, in this country. derstand is if we are going to get into make a brief opening statement, as we I think all of us are very much aware providing additional waivers, we need proceed to this motion, for 10 minutes. that enhancing education achievement to have important accountability I ask for 10 minutes tonight. is a complex issue, and therefore we about how these resources that are Mr. LOTT. That probably would even have a variety of different kinds of going to be expended are going to be be helpful if the Senator could do that ideas about how best that can be used to help and assist the academic tonight. achieved. I think all of us understand achievement of the targeted group, Mr. KENNEDY. Yes. And then if it is that the Federal role has been a lim- which are the neediest children. To- agreeable—— ited role. It has been a limited role in morrow we will have an opportunity to Mr. LOTT. Do I need to modify, then, identifying where, as a matter of na- go over that particular issue with Sen- my unanimous consent request to that tional policy, we want to give focus ator FRIST and others after we have an effect? I don’t believe I would. I will and attention to children in this coun- opportunity to move toward the bill. take care to make sure we get that 10 try. Historically, that has been the Mr. President, I think, quite frankly, minutes designated in the balance of focus and attention in terms of the I would have agreed that there is a cer- our request. neediest, the disadvantaged children in tain logic in considering the waiver Mr. KENNEDY. At the start. this country. provisions when we reauthorize the The PRESIDING OFFICER. Is there There have been other areas. For ex- total bill. I don’t have an objection to objection? ample, those that have some special the consideration of this legislation. It Without objection, it is so ordered. needs. We have also been helpful in may be a valuable tool in terms of a The Senate proceeded to consider the providing help and assistance to local community if we are going to be motion to proceed. schools in terms of nutrition programs, assured that these scarce resources The PRESIDING OFFICER. The breakfast and lunch programs. There that we have available that today are pending question is the motion to pro- has been a program in terms of the bi- targeted on the neediest children, are ceed to S. 280. lingual, help and assistance in Goals going to go to the neediest children; Who yields time? 2000 under President Clinton to try and that we are going to ensure that par- Several Senators addressed the help and assist local communities to ents are going to be involved in any de- Chair. move ahead in terms of education re- cisions; that it is going to affect those Mr. LOTT. Mr. President, I need to form, and a number of other very im- children, and that we are going to just clarify a couple points before we portant areas. maintain our content and performance begin this time. I further ask unani- Tomorrow we will begin the debate standards which are out there now so mous consent that before we proceed to on education policy. The issue that is we can have some opportunity to be as- the time designated for Senator going to be before the Senate will be sured that those children are actually WELLSTONE that Senator KENNEDY have whether we are going to provide addi- benefiting from any alteration or 10 minutes to make an opening state- tional kinds of flexibility to the States change from what has been the Federal ment as the manager of the legislation. and the school districts in their use of policy; and that there will be ulti- The PRESIDING OFFICER. Without a number of the Federal programs that mately the judgment of the Secretary objection, it is so ordered. reach out into the communities. of Education that if the measure is ORDER OF PROCEDURE In 1994, we had reauthorization of the going to violate the fundamental prin- Mr. LOTT. Therefore, in light of this title 1 program. I joined in the initia- ciple of the intent of the legislation, consent, there will be no further votes tive with Senator Hatfield. It was his then the power still retains within the this evening. The Senate will debate initiative in providing a test program Secretary of Education not to permit March 2, 1999 CONGRESSIONAL RECORD — SENATE S2085 such a waiver to move ahead. That is I yield whatever time I have back, dren and their families—you know, basically the initial issue that we will Mr. President. they are not the ones with the clout— be debating. Mr. WELLSTONE addressed the they were not receiving the edu- We will also, I think, have an impor- Chair. cational assistance and support that tant opportunity to debate the Presi- The PRESIDING OFFICER. The Sen- they deserved; thus, the title I pro- dent’s proposal for smaller class size. ator from Minnesota has 30 minutes. gram. It is now about $8 billion a year. That is something which is very, very Mr. WELLSTONE. Mr. President, I want to talk about the funding level important. We made a downpayment first of all, let me thank Senator KEN- of this program a little later on. with Republicans and Democrats alike NEDY for his very gracious remarks. What this legislation does is it essen- at the end of the last session to ensure There is nobody in the Senate that I tially turns the clock back 30 or 35 additional schoolteachers in local have more respect for, and I much ap- years. This legislation now says that school districts, and now the school preciate what he had to say. I hope we no longer, as a nation, as a Federal districts themselves are going to won- that we will, in fact, be in partnership Government, will continue with this der whether that was really a one-time on some critical amendments. In fact, I commitment. We will give money to only or whether it will be as the Presi- know we will be in partnership on some States and they will decide what they dent intended to be—a commitment critical amendments that the Senate want to do. over a period of some 6 years. The will be voting on. I am all for flexibility. I just wonder, afterschool programs which have been Mr. President, I am debating this mo- where is the accountability? At the very minimum, in such a piece of legis- such a success, which the President tion to proceed, and I am going to use lation shouldn’t there be clear lan- and Secretary Riley have talked a half hour tonight to kind of spell out guage that points out that the basic about—there will be initiatives, hope- or give an outline of where I am going core provisions of title I, which provide fully, in those areas. There are excel- to be heading, and then I will use 31⁄2 the protection for poor children in lent programs by Senator BINGAMAN in hours tomorrow. America, are fenced off and no State terms of school dropouts that has been Mr. President, this is what I want to will be exempt from those provisions? accepted in the past by this body; I say on the floor of the Senate, and I That is to say that these children, low- hope we will be able to give attention hope that it is important. We have a piece of legislation that is on the floor income children, will have highly to that area. qualified teachers who will be working There will be a limited but important of the Senate and I wonder why. This with them, that these low-income chil- group of amendments which we think bill is called the Ed-Flex legislation, dren will be held to high standards, can be enormously helpful and valuable the Ed-Flex bill. But we never had a that these low-income children will to our local communities in terms of hearing in the U.S. Senate—not one have an opportunity to meet those being that kind of constructive partner hearing in one committee, the Labor standards, and that the poorest com- in enhancing the education for the and Human Resources Committee, on munities with the highest percentage children of this country. this bill. We never had an opportunity of low-income children will have first So that is where we are going, and I to listen to different people who are priority on the title I funding that is welcome the chance to have that de- down in the trenches working with spent. All of that, with the legislation bate over the period of these next sev- children. We never had an opportunity that is before us, can be waived. No eral days. There are many things that to carefully evaluate the pluses and longer will we have any of these stand- are important in this session, but this minuses. Yet, my Republican col- ards. leagues bring this bill to the floor. will be one of the most important. So you have two issues. No. 1, you Finally, let me say I want to pay Secondly, it is absolutely true—and have the lack of accountability on the tribute to my friend and associate from Senator KENNEDY did an excellent job very core provisions of title I that are Minnesota, Senator WELLSTONE, who of summarizing this—that there are a so important in making sure that this has very strong views in terms of mak- number of States that have moved for- is a program that works for poor chil- ward. I voted for the legislation—and ing sure these resources are going to dren. No. 2, you have a problem just in Senator KENNEDY was a coauthor of actually be targeted to the neediest terms of dilution of funding. children in this country. He has been it—to give the States flexibility. I One of the amendments I will have on an effective and forceful fighter for thought the agreement was that we the floor will say that this title I fund- those children. I know he will speak for would then be able to see what States ing that goes to different States—that himself, but he really questions wheth- have done and then reach a final judg- those schools with 75 percent low-in- er any of these kinds of waivers can ment as to whether or not we wanted come students, or more, will have first still give the kinds of assurances, as we to pass such a sweeping piece of legisla- priority in that funding. The funding have them in the current legislation, tion. I will talk about why I think it is has to first go to those schools. Right that will target those funds to the chil- sweeping, not in the positive but in the now, with this legislation, we have dren. It is a powerful case that he negative. As the General Accounting moved away from that. In 1994, when makes—one that should be listened to Office pointed out, we don’t have any we went through this, we had an by our colleagues—and it is a very per- evaluation of what these different amendment that said that schools with suasive case that he makes. We have States have done with this flexibility. over 75 percent low-income students come to a different conclusion, but I Have they used this Ed-Flex bill to dra- had first priority for this funding. Now have enormous respect and friendship matically improve the opportunities we abandon that in this legislation. So, for him. for poor children in their States or first of all, let me be crystal clear I must say that our colleagues should not? We don’t know. Yet, this bill is about why I object to this. I object to listen to him carefully on the points he now on the floor of the U.S. Senate. this piece of legislation because it rep- is making, because I think he speaks Mr. President, I am opposed to this resents an abandonment of a national for the neediest children in this coun- piece of legislation. It passed 18–1 in commitment to poor children in Amer- try, as he has so often. It is a position committee, but I am opposed to this ica, and, frankly, I am disappointed in that is a respectable position and I piece of legislation. I hope other col- my colleagues. I am disappointed in my think a very defensible position, and I leagues will join me as this debate goes colleagues on both sides of the aisle, think it underlies the kind of central forward, for several reasons. First and but I am especially disappointed in my concerns many of us have if we fail to foremost, I believe this legislation— Democratic colleagues. Where is our have the kind of accountability that just taking this bill for what it is—is a sense of justice? Whatever happened to hopefully will be included in the legis- retreat from a commitment that we our fight for poor children? How could lation. So I thank him for all of his made as a nation in 1965 to poor chil- we have let this legislation just move work and for his consistency in pro- dren in America. We made this com- forward and come right to the floor in tecting the title I children. I hope that mitment and had title I as a provision its present form? Where is our voice? I all of our colleagues will pay close at- in the Elementary and Secondary Edu- don’t understand it. tention to what I know will be a very cation Act because we knew, unfortu- I am sorry if I sound—well, I am wor- important statement. nately, that for all too many poor chil- ried about sounding self-righteous; I S2086 CONGRESSIONAL RECORD — SENATE March 2, 1999 don’t want to, but I certainly feel about the business of making sure that get the funding to one-half of the eligi- strongly about this. I think the silence working families can afford the very ble Head Start families and children at of the Democrats is deafening on this best child care for their children. And best. It is an embarrassment. It is an question. we don’t do that. Instead, we get Ed- embarrassment. We have a program, a Now, second of all, Mr. President, I Flex, which won’t do one additional Head Start program, to provide a head am going to take time tonight—I won’t positive thing that will help expand start for children from impoverished take much time tonight, but I will educational opportunities for children backgrounds. We know it makes a real have a lot of time tomorrow—to raise in this country, especially among poor difference, and we don’t even provide another question about this legisla- children of this country. the funding for half of the children tion. No wonder people in our country Mr. President, let me talk about an- that could benefit. I don’t think that is become cynical about politics because other area that I think is really impor- pre-teen. I think that is just 4 and 5- this Ed-Flex bill—see, I understand the tant. year-olds, much less early Head Start. politics of it. It is hard to vote against Children’s Defense Fund study this Does Ed-Flex do anything about pro- it. It is called Ed-Flex, which is a great past year: Every day in America three viding the support for children for the title. young people under age 25 die from HIV Head Start program? No. Does it speak Then we say get the money to the infection, 6 children commit suicide; 13 to early childhood development? No. States, get the Federal Government children are homicide victims; 14 chil- Does it speak to afterschool care? No. out, it is politically—yes. I see how it dren are killed by firearms; 81 babies My colleagues will have amendments works. But do you want to know some- die; 280 children arrested for violent on the floor. And good for them. We thing? I don’t want to let anybody crime; 434 babies are born to mothers will be supporting them and speaking —any Republican or any Democrat— who have late or have no prenatal care; for them about smaller class sizes, pass this legislation off as some great 781 babies are born at low-birth about rebuilding crumbling schools, step forward in expanding opportuni- weights; 1,403 babies are born to teen about involving parents, about giving ties for children. It is not a great step mothers; 1,087 babies are born without children hope. All of that is important. forward for children. It is a great leap health insurance; 2,430 babies are born Does this piece of legislation deal with backwards. It is a great leap backwards into poverty; 2,756 children drop out of any of that? No. because it is an abandonment of our high school every schoolday; 3,346 ba- Mr. President, I am going to present commitment to poor children. It is an bies are born to unmarried mothers; some jarring statistics that translate abandonment of our standard which 5,753 children are arrested; 8,470 chil- into personal terms tomorrow about should be met by title I programs for dren are reported abused or neglected; the whole lack of equity financing in poor children. I will tell you something 11.3 million children are without health education. I will draw from my friend, else; it is a great leap backwards, or a insurance; and, 14.5 million children Jonathan Kovol, who wrote ‘‘Savage great leap sideways, because it doesn’t live in poverty. Inequality.’’ It is incredible that some represent what we should be doing for Do we have a piece of legislation out children in our country—probably not children in this country. Tomorrow I here on the floor that deals with the the children of Senators and Rep- will have an opportunity to outline fact that one out of every four children resentatives—go to schools without some of the directions that I am going under the age of 3 in America are grow- adequate lab facilities, without enough to go in. But let me just raise a few ing up poor? Do we have a piece of leg- textbooks, without proper heat, questions. islation that deals with the reality delapidated buildings. And they don’t When I am home, what most people that one out of every two children of have the financing. They don’t have in communities tell me that are down color under the age of 3 in America are the financing for computers. They in the trenches working with children, growing up poor? don’t have the financing so students and what most of the State legislators I was talking to about 350 principals can be technologically literate. They tell me who are education legislators, in Minneapolis-St. Paul about 2 weeks don’t have the financing for the best is, ‘‘PAUL, the Federal Government is a ago. And they said to me, ‘‘There is an- teachers. There are huge disparities. real player in a number of different other issue, PAUL.’’ It is not just that Does this piece of legislation called areas.’’ Title I is one, and another is so many kids come to school way be- Ed-Flex do anything to deal with the early childhood development. Here is hind. Ed-Flex does nothing for those fact that we have such dramatic in- how you can help us out pre-K. We children. It is also that a lot of chil- equalities in access to good education have a White House conference on the dren come to school emotionally for children in America? Does this development of the brain. We have all scarred. These children have seen vio- piece of legislation, Ed-Flex, say that this literature that has come out. I lence in their homes. They have seen since our economy is doing so well, have read a lot of it about the develop- violence in their neighborhood. And surely today we can provide a good ment of the brain. The fact is irref- they need a whole lot of additional sup- educational opportunity for every utable and irreducible—that if we don’t port. child? No. It doesn’t do any of that. get it right for children by age 3, many Is there a piece of legislation out on What it does is it turns the clock back. of them will never be prepared for the floor that calls for the Federal I can’t believe so many of my col- school. They will come to kindergarten Government to get resources to local leagues have caved into this. How way behind and then they will fall fur- communities, then let them be flexible, could we have let a bill come to the ther behind and further behind and let them design the programs that can floor pretending to be a great initiative then they will wind up in prison. provide the support for these children? to improve the education of our chil- But we don’t have a piece of legisla- No. Not at all. Instead we get Ed-Flex. dren when it doesn’t, and, in addition, tion out here on early childhood devel- Mr. President, we have a program in turns the clock back and takes the ac- opment. And, frankly, the President’s this country called Head Start. It does countability and takes some of the budget is pathetic, much less the Re- just what the title says it does. It is an core requirements of title I, and no publicans’ proposing even less. I mean, attempt to give a head start to chil- longer makes that the law of the land, in the President’s budget, I think dren who come from impoverished no longer says that we have a national maybe at best 20 percent of those low- backgrounds. I am amazed at the men commitment, and essentially says to income families that would be eligible and women that are Head Start teach- the States do what you want without for assistance are going to be able to ers. I am amazed at the men and any accountability? What do you think receive any. And what about middle-in- women that are child care workers. is going to happen to these children? come? I cannot believe that we are con- Their work is so undervalued. They Some States may be better. I hope it tinuing to play symbolic politics with barely make above minimum wage. Do will be in Minnesota. I will tell you children’s lives. we have a piece of legislation out here what. I will make some of my col- If we were serious about a piece of on the floor that provides more funding leagues angry in other States. It will legislation on the floor of the U.S. Sen- for Head Start? No. Mr. President, in- be worse. It will be worse. ate that would really do something stead, we have a budget from the Presi- That is why we have title I. That is positive for children, then we would be dent that essentially says that we will why we have the IDEA program. We March 2, 1999 CONGRESSIONAL RECORD — SENATE S2087 know that unless you have a real com- ior High has 68 percent of its students ing. Dowling Urban Environmental mitment to children—IDEA is not cov- on free and reduced lunch, no title I. A Learning Center, 45 percent free and re- ered in this bill. But unless you have a school with a 68 percent low-income duced lunch, no title I, and they would real commitment to children with dis- population doesn’t receive any title I use this to help prevent students from abilities, or low-income children, they funding because after we allocate it, becoming special ed students, do early are not going to get the assistance or there is so little that it goes to schools intervention to help students succeed. the support. with an even higher percentage of low- Well, Mr. President, I don’t know Let me now turn to the third argu- income students. There is nothing left. how much time I have remaining to- ment I want to make tonight, and I Let’s get honest and let’s get real night. How much time do I have re- will develop this in much more detail and let’s talk about funding if we want maining? tomorrow. to make a difference. The PRESIDING OFFICER. The Sen- Here is the other thing that is so dis- Several middle schools receive no ator has 6 minutes. ingenuous about this Ed-Flex legisla- title I funding. Battle Creek Middle Mr. WELLSTONE. Six minutes. Well, tion. We ought to have some direc- School has 77 percent free and reduced let me just kind of read from—I will tion—and I will try to have an amend- lunch but receives no title I funds. give plenty of examples tomorrow of ment that talks about this—for fund- Frost Lake Elementary School, 68 per- great success, but I have just a few ing. We are spending $8 billion a year, cent free and reduced but no title I. comments from constituents of mine. and that is about a third, according to Eastern Heights Elementary School, 64 Vicki Turner says: the Congressional Research Service, of percent free and reduced but no title I. The title I program of the Minneapolis what we need to be spending if we are, Mississippi Magnet Elementary School, public schools provided not only help for my in fact, going to reach all the children 67 percent of the students are low in- two children, but the parental involvement program was crucial in helping me develop who are eligible for this help and all come, no title I. as an individual parent and now as a teacher the schools that are eligible. And you The St. Paul School District in Min- for the program. nesota, if it had another $8 million, know what. When I met with the teach- Gretchen Carlson Collins, title I di- could reduce class size, it could in- ers, when I met with the principals, rector, Hopkins School District, said: when I met with the educators in my crease parental involvement, it could have good community outreach, and it There is no better program in education State of Minnesota, they could not than title I of the ESEA. We know it works. could hire additional staff to work with identify one provision in title I right John and Helen Matson say: now that needs to be changed in order the students who have the greatest need. But we don’t have the funding. How can anyone question the need for a for them to have the flexibility to do strong ESEA. Ed-Flex waivers are an invita- their best for children. And when we And we have a bill out here called Ed- tion to undermine the quality of public get into the debate, I am going to ask Flex that pretends to be some great, school systems. my colleagues to list what exactly the some significant commitment to chil- High school senior Tammie Jeanelle provisions are that create the problem, dren and to education in our country. Joby was in title I in third grade. that create the impediment for the re- Can’t we do better than that? Title I has helped make me the hard-work- form to do our best by these children. Let me talk about Minneapolis, and ing student that I am. My future plan after So far I haven’t heard of any. I haven’t this is just a draft of what Minneapolis high school is to attend St. Scholastica. I heard of one statute. I haven’t seen any is expecting on present course. Here is may specialize in special education or kin- of my colleagues identify one statute. what Minneapolis is going to get with dergarten. I will tell you what the men and Ed-Flex but no additional funding. This And the list goes on. women who are involved in education is basically what is going to happen. Of Mr. President, tomorrow I will de- and who care about children tell me the 87 K–12 schools in Minneapolis, 31 velop each of these arguments. To- about title I. ‘‘Senator, we don’t have schools will receive no title I funds, 14 night, let me just kind of signal to my enough funding.’’ That is what this is schools which have at least a 50 per- colleagues that I am debating this mo- all about. We don’t provide enough cent low-income student population tion to proceed, and I will have amend- funding, and then it becomes a vicious will receive no title I. That is unbeliev- ments and I will fight very hard on this zero sum game. So, for example, if you able. Schools that have over 50 percent piece of legislation because this is a are a school with over 50 percent low- low-income student population do not rush to recklessness. Unfortunately, income children, you get some help for receive any funding because there is the recklessness has to do with the those children, but if you are under 50 not enough funding. I don’t hear any lives of children in America, specifi- percent, even though you have a lot of discussion in this Ed-Flex bill about cally poor children in America. And I children, you don’t get any funding at funding or pointing us in the direction find it hard to believe that we have a all. That is because we have such a lim- of additional funding. piece of legislation which will have ited amount of funding, and when we Let me give some examples. Bur- such a critical and crucial impact on divide it up in our school districts, we roughs Elementary School, 43 percent the lack of quality of lives of children allocate it to the schools with the free and reduced, will receive no title I in our country that we brought this highest percentage of poor children, funding. Anthony Elementary School, piece of legislation to the floor of the but then many other schools with 42 percent low-income, no title I fund- Senate without even a hearing, and we many poor children don’t get any fund- ing. They would use the money for brought this piece of legislation to the ing at all. afterschool tutoring to improve math floor of the Senate without even seeing Let me give some examples. St. Paul. and science, to improve technology, to how different Ed-Flex States, which There are about 60 K–12 public schools increase staffing and to improve paren- are part of the demonstration projects, in the St. Paul School District in Min- tal involvement. Marcy Open Elemen- are doing right now. nesota. There are 20 schools in St. Paul tary School, 44 percent low-income, no Mr. President, I am not going to let with at least 50 percent free and re- title I funding. The school is in danger my colleagues, Republicans or Demo- duced lunch that receive no title I of losing 10 educational assistants be- crats, pretend that this piece of legisla- funds at all. One-third of St. Paul cause the funding level doesn’t keep up tion represents some major step for- schools have significant poverty and with the kids and what needs to be ward for education for children in receive no title I funds to help elimi- done. Kenny Elementary School, 39 America. It does not. I think at least nate the achievement or learning gap. percent low-income, no title I funding. some of my colleagues—Senator KEN- There it is right there. Where is the This school would use the additional NEDY spoke about this—are going to discussion of the funding? We are mak- resources, if they had them, for addi- have some amendments that I think ing Ed-Flex out to be some great thing tional tutors in small group instruc- really will make a difference. for our school districts and our local tion, to buy certain computer-assisted Second, I am going to make it as communities and we are not providing instruction, make the ‘‘Read Natu- clear as I can tomorrow, and as crystal the resources that are needed. rally’’ Program available to more stu- clear as I can with amendments and Example. Five senior high schools re- dents, and focus on the students who with debate—and I am ready for the de- ceive no title I funding. Humboldt Sen- are English language learners. No fund- bate—that in no way, shape or form is S2088 CONGRESSIONAL RECORD — SENATE March 2, 1999 it acceptable for the U.S. Senate to term benefits to not only current in my home State of Illinois. By the support a piece of legislation which es- Americans but those of us who hope in time my generation retires, this num- sentially turns its back on or abandons the years ahead to take advantage of ber will have increased substantially. our national commitment to poor chil- them as well. With these increasing numbers of dren in America to make sure that the We have to keep the security in So- Americans relying on Medicare, and standards are met, that there are good cial Security and the promise of good advances in health care technology teachers, that the money goes to the medical care in our Medicare Program. currently increasing costs, any way neediest schools and the neediest chil- And I think we have to understand that you look at it, you need more money dren, that there are high standards, just solving the problems of Social Se- for the Medicare Program, unless you that the schools are required to meet curity is not enough; income security intend to do one of several things: those standards, that we have some goes hand in hand with health care se- You can slash the benefits; you can evidence of progress being made. The curity. change the program in terms of the core requirements of title I must re- One of the proposals coming from way it helps senior citizens; you can main intact. some Republican leaders suggests that ask seniors and disabled Americans This piece of legislation on the floor there would be a tax cut. And as you who use Medicare, who are often on right now does not require this to be can see from this chart, the Republican fixed incomes, to shoulder substan- the case. This piece of legislation es- investment in Medicare under this plan tially higher costs; you can signifi- sentially removes those core require- is zero, and the Republican investment cantly reduce the payments to provid- ments and leaves up to the States what in tax cuts, $1.7 trillion. ers, the doctors and the hospitals; or they want to do. This piece of legisla- Now, of course, that is quite a stark you can increase payroll taxes by up to tion essentially wipes away the re- contrast. Instead of prudent invest- 18 percent for both workers and their quirement that the money should go to ments, I am afraid that many of those employers. the neediest schools first and allows who suggest tax cuts of this magnitude A report that was released today by States to do what they want to do. are not really giving us the bread and the Senate Budget Democrats lays out That is not acceptable. That is an butter that we really need for these im- some of these harsh alternatives that abandonment of our commitment to portant programs like Social Security would be necessary if the Republicans low-income children in America. I look and Medicare. Instead, they are hand- refuse to make investments in the forward to this debate. ing out these candy bar tax cuts. I do Medicare Program. I yield the floor. not think that that is what America President Clinton says, take 15 per- Mr. President, I suggest the absence needs nor what we deserve. Let me cent of the surplus, put it in Medicare; of a quorum. take a look at the tax cut as it would it will not solve all the problems of The PRESIDING OFFICER. The affect individual American families. Medicare, but it will buy us 10 years to clerk will call the roll. There is a question that many of us implement reforms in a gradual way. The legislative clerk proceeded to have when we get into the topic of tax The Republicans, instead, suggest no call the roll. cuts, and that is the question of fair- money out of the surplus for Medicare, Mr. DURBIN. Mr. President, I ask ness, progressivity: Is this tax cut real- and instead put it into tax cuts. I think unanimous consent that the order for ly good for the average working fam- that is a rather stark choice. the quorum call be rescinded. ily? One of the proposals which has Mrs. BOXER. Will my friend yield? The PRESIDING OFFICER. Without been suggested by a Republican leader Mr. DURBIN. I am happy to yield to objection, it is so ordered. and Republican candidate for Presi- the Senator from California. Mr. DURBIN. Mr. President, I ask dent, who serves in the House of Rep- Mrs. BOXER. I am so pleased that unanimous consent to proceed as in resentatives, is an across-the-board tax the Senator from Illinois has once morning business. cut. Well, take a look at what this more come to the floor to discuss The PRESIDING OFFICER (Mr. means for the families of average something so fundamental to our coun- BROWNBACK). Without objection, it is so Americans. try. I think if you asked people in the ordered. For the lower 60 percent of wage country, ‘‘What is good about your na- Mr. DURBIN. Thank you, Mr. Presi- earners in America, people making tional Government?’’ yes, they would dent. $38,000 or less, this Republican tax cut say a strong military; they would also f is worth $99 a year, about $8.25 a say Social Security and Medicare. month—not even enough to pay the Has the Senator talked about the SOCIAL SECURITY AND MEDICARE cable TV bill. But if you happen to be 1995 Government shutdown yet? Mr. DURBIN. Mr. President, the in the top 1 percent of the earners, Mr. DURBIN. Go ahead. topic which I would like to speak about with an average income of $833,000, Mrs. BOXER. I want to ask him a few during this brief time on the floor is your break is $20,697. questions and then let him finish his one which is important to millions of I listened over the weekend while one remarks. Americans and involves two of our of our noted commentators, George As the Senator was talking and show- most important and successful pro- Will, who was born and educated in my ing this chart, it brought back to me grams: Social Security and Medicare. home State of Illinois, suggested: Well, the 1995 Government shutdown. We re- They are so important to so many of course, because people who make member what that was about. Essen- families that President Clinton has this much money pay so much more in tially, the President took a very firm proposed that 77 percent of the surplus taxes, they should get a larger tax cut. stand in favor of Medicare, the environ- which we anticipate over the next few We have been debating this for a ment, and education, and against the years be invested in both of these pro- while, but we really decided it decades kind of tax cuts for the wealthy that grams so that they will be available for ago. In a progressive tax system, if you would have meant devastating those future generations of Americans. are wealthy, if you have higher income, programs. And the Government actu- There are some who believe that the then in fact you will pay more in taxes. ally shut down over this. I am sure my surplus, as it is generated, should be So I do not think it is a revelation to friend remembers, it was a stunning spent instead and invested in tax cuts suggest that people making almost a thing. But it was really tax cuts for the for Americans. Of course, any politi- million dollars a year in income are wealthy, taking it straight from Medi- cian, any person in public life, propos- going to end up paying more in taxes. care. ing a tax cut is going to get a round of Well, the Republican tax cut plan, as it Now what we have is a situation that applause. People would like to pay less has been proposed, an across-the-board is very similar. We know we have to fix in taxes, whether they are payroll tax cut, does very little for the average Social Security. The Republicans have taxes, income taxes, or whatever. But person, but of course is extremely gen- said they agree with that, but they are we have to realize that a tax cut is in- erous to those in the highest income silent on the issue of Medicare. They stant gratification and what the Presi- categories. do nothing about shoring it up whatso- dent has proposed instead is that we in- Today in America, 38 million citizens ever. And yet they propose the same vest the surplus in programs with long- rely on Medicare, including 1.6 million kind of tax cuts. March 2, 1999 CONGRESSIONAL RECORD — SENATE S2089 So I say to my friend, in 1995 Repub- tion to, the fact that if we are going to The Republican proposal doesn’t talk licans essentially shut down the Gov- protect Social Security and Medicare, about putting any of the surplus into ernment because they wanted these tax we are going to have to defer these tax Medicare. cuts at the expense of Medicare. And cuts for the wealthiest people, some of That, I think, is shortsighted, be- this year it looks like they are shut- them earning millions of dollars, who cause if you don’t put the surplus, a ting down Medicare so they can go would get back tens of thousands of portion of it, into Medicare, it causes back to these tax cuts. dollars, while the average person would some terrible things to occur. For in- I wonder if he sensed, as I did, as we get back $99. As a result, we would see stance, to extend Medicare to 2020 watched this budgetary debate unfold— Medicare essentially shut down as we without new investment, without the if it did not bring back all these memo- know it, and we don’t want to go influx of capital which we are talking ries, and how he feels about that, be- through another Government shutdown about in the surplus, and without bene- cause it was a pretty tough time we of that nature. We don’t want a Medi- fit cuts and payroll tax increases, we went through and I do not want to see care shutdown; we don’t want an edu- would need to cut payments to provid- those times repeated. cation shutdown. We want a budget ers by over 18 percent. That is a cut of I ask my colleague to comment. that addresses these issues. $349 billion. For the average person, Mr. DURBIN. Of course I remember Again, I thank my colleague. He and these figures, I am sure, swim through that period of time. It was an amazing I have known each other a long time. their head. They think, What can that period. I recall particularly the com- We have both gone through the situa- mean? mentator, Rush Limbaugh, who enjoys tion of aging parents together. We have What it means is your local hospital, some notoriety across America. He talked many times about how impor- your local doctor, the people who are said: You know, if they closed down the tant Medicare is. I will never forget my providing home health care for elderly Federal Government, no one would friend and I being on the floor of the people to stay in their homes, would even notice. They were kind of goading Senate when there was a move to raise receive less in compensation. As they us to go ahead and call the bluff of the eligible age for Medicare. He and I reduce their compensation, many of those who wanted to shut it down. stood here and fought. We said right them will not be able to make ends Well, in fact the Government was now people are praying that they will meet. I have seen it happen in Illinois shut down when Congress failed to pass turn 65 so they can get some health in- already. the necessary bills to continue the surance, and then if we increase that I have been somewhat critical of the funding of Government agencies. And age when we should actually be reduc- Clinton administration. Some of the across America people started noticing. ing the age that people can get Medi- changes they have made in home I am sure the Senator from Califor- care—we should allow the President’s health care services, I think, are very nia—I was then a Congressman from Il- plan to go forward on that as well, to shortsighted. Many seniors, for exam- linois—received phone calls from peo- allow people to buy in if they have no ple, would love to stay in their homes. ple saying, ‘‘Wait a minute. You mean Medicare at 55, 60, and 62. This was That is where they feel safe and com- to tell me that these workers cannot going to raise the age. We told the sto- fortable. They have the furniture and go to work and they’re going to be paid ries of our families and how Medicare the things they have collected through ultimately? You mean to say the serv- brought peace to our aging parents. their lives and their neighbors who ices that we depend on, that Govern- So we are, I think, going to stand they know. They don’t want to head off ment needs to do, aren’t going to be shoulder to shoulder through to the to some other place, a nursing home or performed?’’ And that is exactly what fight. convalescent home. They would much happened. I want to again thank him for yield- rather stay in their home. What do I think the American people were ing. they need to stay there? Many times outraged over this, outraged that the Mr. DURBIN. I thank the Senator just a visit by a nurse, a stop by a doc- Government would shut down. If there from California. tor once in a while. Although that were those on the other side who be- Of course, she raises a point near and seems extraordinary in this day and lieved that the American people would dear to all of us. Some people think age, the alternative is a much more ex- rally to their cause over this Govern- Medicare is a program that seniors pensive situation where someone finds ment shutdown and say, ‘‘Oh, you’ve worry about. I think it is a program himself in a nursing home with ex- got it right, give tax cuts to wealthy that their children worry about. They tended and expensive care. people, and go ahead and cut Medicare want to make sure that their mothers I hope that we realize that we made and cut the environmental protection and fathers—grandparents in some in- a mistake in 1995 when we had this Re- and cut education programs,’’ that did stances—have the protection of Medi- publican tax cut of $250 billion at the not happen. care. It is hard to believe this program expense of Medicare and the Govern- Mrs. BOXER. I wonder if the Senator only dates back about 35 years. It is a ment was shut down. I hope we don’t would share with us the chart that he program that has now become so essen- repeat it. We called the hospitals in our has there, because that goes back to tial, and it is a program that has State of Illinois back in 1995 and asked 1995. worked. what would this mean to you, if, in Mr. DURBIN. Yes. I am happy to. As a result of the Medicare Program, fact, you lost some $270 billion in Medi- Really, it is a good illustration of people are living longer, the quality of care reimbursement; what would it what happened. Back in 1995 with the health care for elderly people has im- mean? Most of the hospitals were re- Government shutdown, this was a time proved. At the same time, the Medicare luctant to speak openly and publicly when the Republican Party was calling Program has really democratized and on the record. They told us pri- for tax cuts of $250 billion and was health care across America. Hospitals, vately many of them would have to going to cut Medicare for that to which once might have served the very close because many hospitals in my occur. And that is exactly what led to elite clientele, now serve virtually ev- home State of Illinois and rural States the President’s veto of their bill and eryone because they are part of the like Kansas depend to a great extent on ultimately led to the shutdown of the Medicare Program. I think that is a Medicare and Medicaid to reimburse Government. plus. I think that says a lot about our their services and to keep their doors Mrs. BOXER. Let me say to my country. open. So, cutbacks can cost us the friend again, I appreciate his leader- I worry when I look at the alter- kinds of hospitals we need in areas ship on this. We did hold a press con- native budget plans here because the that, frankly, are underserved medi- ference today, the Democratic mem- Democratic plan is very specific. It cally. bers of the Budget Committee, to call says if there is to be a surplus—and we Large cuts that might be envisioned everyone’s attention to this. think there will be—that this surplus without dedicating part of the surplus When you deal with a budget the size should be used for specific purposes: to could threaten many of these hospitals. of this Federal budget, it has a lot of save Social Security and to preserve When a hospital closes, it isn’t just the important things that we do. But this Medicare. Unfortunately, on the other seniors who are affected. The whole is one thing that we need to call atten- side, there is no mention of Medicare. community suffers. It is a situation in S2090 CONGRESSIONAL RECORD — SENATE March 2, 1999 many of my rural towns and downstate Americans are living longer is because Well, here we are two years later, and Illinois where that emergency room is of Medicare and the access to health the first bill we consider is not a con- literally a matter of life or death. care that it provides. Before Medicare, stitutional amendment about deficits, Farmers, miners and people who work less than 50 percent of retirees had but rather one over spending this sur- around their homes count on the avail- health insurance. Now, virtually every plus on military pay raises that we ability of their services. When a hos- one of them does. This is a question of cannot justify in terms of their pital’s financial security is put under priority. How much do we value in- sources. I have asked a variety of mem- significant strain, they are forced to creased life expectancy? Are people in bers and people in the administration look for other sources of revenue. Cost my generation who are working and ac- where would the extra money come shifting becomes inevitable. So vir- tually contributing to the surplus—a from—the extra $17 billion—for mili- tually every American would pay for surplus that we hope to soon have— tary pay raises. They say, ‘‘Frankly, Congress’ failure to invest in Medicare. willing to put off a tax cut to make we don’t know.’’ I don’t think that is a The second option, if we don’t invest sure that Social Security and Medicare good way to start the 106th Congress, a portion of the surplus into Medicare, are there for decades? Are we willing to in terms of its substantive issues; but is one that would ask seniors and dis- invest in what is basically our own re- it is a reminder that we need a budget abled to pay more for their own medi- tirement health insurance program in resolution that honestly looks at our cal care. They would need to double the years to come? budget to maintain not only a balanced their contributions to extend the sol- By not enacting a massive tax cut budget, but surpluses for years to vency of Medicare to the year 2020 if that benefits the most wealthy Ameri- come, and investment of those sur- the President’s proposal of investing 15 cas, but instead passing more limited pluses in a way that we can say to fu- percent of the surplus into Medicare is tax cuts targeted to help working fami- ture generations that, yes, we under- not made. lies, we can, in fact, get a tax cut that stood; we had a responsibility not only Take a look at this chart to get an is reasonable and consistent with sav- to the seniors, but to the families and idea of what it means to a senior citi- ing Social Security and Medicare. It their grandchildren, to make sure that zen. This is a chart which shows the seems very unwise to enact large tax those programs would survive. So, Mr. President, I hope that as this current amount that is being paid in cuts before we secure both of these im- debate continues we can find some part B premium of $1,262; then take a portant programs. common ground to work together to look, if we do not dedicate a part of the Let me close by saying that this make sure that the surplus as it exists surplus, what the senior will have to budget season is one that causes many people’s eyes to glaze over. I have in the future is invested in programs of pay instead. Instead of $100 a month, it real meaning to American families for served a combination now of about 81⁄2 is over $200 a month. many years to come. Some might say it is not too much to years on Budget Committees in the Mr. President, I suggest the absence go from $100 to $200. I think they don’t House and the Senate. I do my best to of a quorum. understand that many senior citizens keep up with it. It is an arcane science The PRESIDING OFFICER. The live on fixed incomes, very low in- to follow this budget politics. But I clerk will call the roll. comes, and that this kind of premium have to say that it does reflect our val- The bill clerk proceeded to call the increase in order to continue Medicare ues. We have to decide what is impor- roll. as they know it would cause a great tant. Mr. ALLARD. Mr. President, I ask hardship to many of their families. Last week, we had a bill on the floor unanimous consent that the order for Today, on average, seniors pay 19 here that was, on its face, a very good the quorum call be rescinded. percent of their income to purchase the proposal—a bill that would have in- The PRESIDING OFFICER. Without health care that they need. Medicare is creased military pay and retirement objection, it is so ordered. currently only paying about half of benefits. I believe that those things f their bills. These seniors living on should happen. The President proposed MORNING BUSINESS fixed incomes are really going to face it, the Republican Party and Demo- some sacrifice if this increase takes cratic Party agree on it. But the bill Mr. ALLARD. Mr. President, I ask place. The medium total annual in- that came to the floor was signifi- unanimous consent that the Senate come of Americans over the age of 65 is cantly different than the President’s now proceed to a period for morning a mere $16,000; for seniors over 85, it is proposal. In fact, it spent about $17 bil- business with members permitted to even less, $11,251; for the oldest and lion more over 6 years than the Presi- speak therein for up to 10 minutes frailest among us, such as those using dent had proposed. each. The PRESIDING OFFICER. Without home health services, the average in- This bill came to the floor of the Sen- objection, it is so ordered. come is less than $9,000. Now, can ate without one committee hearing. someone making about $800 a month, Some came to the floor and said we f for example, see an increase in their need to do this so that men and women INTERNET TAX FREEDOM ACT Medicare premium from $100 to $200 will stay in the military, and that we AND THE ADVISORY COMMISSION without some personal sacrifice? I give them adequate pay and the reward ON ELECTRONIC COMMERCE don’t think so. Medicare as it is cur- of retirement. So they suggested we Mr. LOTT. Mr. President, the last rently drawn up helps seniors to live vote for the bill. I didn’t think it was Congress passed the Internet Tax Free- with dignity. Medicare reform may in- a responsible thing to do. I can remem- dom Act. it was not an easy process, volve tough choices but it shouldn’t in- ber that, two years ago, on the floor of and compromises were reached. In the volve mean choices. This Medicare re- the Senate we tied ourselves in knots end, the debate resulted in a bill which form on the backs of seniors and dis- over amending the Constitution to pro- made a good law. It calls for a 3-year abled, unfortunately, leads us to that. vide for authority to the Federal moratorium on new taxes. This was im- Reform and investment are clearly courts to force Congress to stop deficit portant, Mr. President. The Internet is needed to strengthen Medicare. There spending. We had reached our limits not only a new tool of communication are some who will say all you want to and we had said that the only thing and information but is fast becoming do is spend more money; you have to that could control congressional spend- the most vibrant new marketplace as do more fundamental things like re- ing is a constitutional amendment and America goes into the next millen- form. I don’t disagree with the concept court authority. Well, that constitu- nium. Having said that, I am aware of of reform. I think it is part of the pack- tional amendment failed by one vote. the concerns expressed by those on age. But the reality is, the Medicare But that was only two years ago. We main street as well as mayors—from Program has grown, the number of were so despondent over dealing with Greenwood to Belzoni to Shuqualak, beneficiaries has doubled since the pro- deficits two years ago that we were at Mississippi—and in towns all across gram was enacted, and Americans are the precipice where we were about to America. living longer. amend the Constitution and virtually Mr. DASCHLE. Mr. President, I share I think there is a fair argument to be say we have given up on congressional the distinguished Majority Leader’s en- made that one of the reasons that responsibility in this area. thusiasm for the potential of electronic March 2, 1999 CONGRESSIONAL RECORD — SENATE S2091 commerce and his assessment of the (Four trillion, five hundred fifty-four held at the Wingate Baptist Church to- role of the Internet Tax Freedom Act billion, five hundred thirty-seven mil- morrow very close to the campus of in the encouragement of that poten- lion). Wingate University. She will be re- tial. I also appreciate the concerns he Ten years ago, March 1, 1989, the fed- membered as one who was forever and referenced about the need for balance eral debt stood at $2,743,808,000,000 (Two tirelessly doing things for others and, on the Advisory Commission on Elec- trillion, seven hundred forty-three bil- as Jerry McGee put it, ‘‘It never once tronic Commerce. The advisory panel lion, eight hundred eight million). occurred to her that anybody ought to can provide policymakers with valu- Fifteen years ago, March 1, 1984, the do anything for her.’’ able perspective on many of the issues federal debt stood at $1,473,047,000,000 Mr. President, I certainly know noth- that must be resolved if the potential (One trillion, four hundred seventy- ing more than anyone else about the of electronic commerce is to be fully three billion, forty-seven million). hereafter, or what will happen on that realized. Twenty-five years ago, March 1, 1974, inevitable day for all of us. But I sus- Mr. LOTT. Mr. President, that is cor- the federal debt stood at $470,866,000,000 pect that Saint Peter was standing at rect. Congress did recognize that an ex- (Four hundred seventy billion, eight the Pearly Gate Sunday motioning for amination of e-commerce was needed hundred sixty-six million) which re- Hannah to come in and take her seat to fully understand the ripple effects of flects a debt increase of more than $5 on the right hand of God who loves her taxing access to or transactions con- trillion—$5,172,179,679,358.32 (Five tril- just as all of us who know her do. ducted on the Internet. During Senate lion, one hundred seventy-two billion, Mr. President, The Charlotte (N.C.) deliberations on the bill, my colleagues one hundred seventy-nine million, six Observer this morning published a de- and I listened intently to varying view- hundred seventy-nine thousand, three tailed story, written by Wendy Good- points. Consequently, the statute cre- hundred fifty-eight dollars and thirty- man, praising Hannah McGee. I ask ated a national Commission reflecting two cents) during the past 25 years. unanimous consent that Wendy Good- the stakeholders who would provide f man’s fine article be printed in the recommendations to Congress. Mr. HANNAH COVINGTON MCGEE, AN RECORD. President, the balance required by the EXCEPTIONAL LADY There being no objection, the article statute has yet to be achieved. The was ordered to be printed in the Mr. HELMS. There are times, Mr. Congressional leadership involved in RECORD, as follows: the selection is taking another look at President, when every Senator, on one occasion or another, for one reason or [From the Charlotte (NC) Observer, Mar. 2, the current makeup of the membership 1999] and considering options to resolve the another, feels the need to share with his colleagues a moment of grief or WINGATE PRESIDENT’S WIFE—AND MUCH impasse. MORE—DIES happiness or sadness or hope. Mr. DASCHLE. Mr. President, I con- (By Wendy Goodman) cur with the Majority Leader. When This being a time like that for me, WINGATE.—When Wingate University cele- Congress debated the Internet Tax Mr. President, my purpose is to share a few thoughts about a wonderfully gift- brates the opening of the George A. Batte Freedom Act, considerable attention Fine Arts Center later this year, a woman was paid to the section of the bill that ed, beautiful, thoughtful lady named who had a hand in making the center a re- delineated the membership of the Advi- Hannah Covington McGee. ality won’t be there. sory Commission. The legislation is I suppose I should begin, Mr. Presi- Hannah McGee helped lead the fund-raising very clear in specifying a balanced dent, by stating that Hannah married a campaign and decorate the new building’s in- makeup of this panel. While some ad- young fellow named Jerry McGee 33 terior. An art lover, McGee hoped Wingate would serve as a cultural center for Union justments have already been made in years ago. Dr. Jerry McGee today is president of Wingate University, a County. an effort to achieve that goal, further McGee died Sunday morning in San Juan, discussion of the make up of the Com- splendid Baptist institution in North Carolina. Jerry is the kind of friendly, Puerto Rico, of a brain aneurysm. She was mission and the requirements of the 54. statute is clearly required. caring and active husband and father ‘‘She had a great eye for things beautiful As the Majority Leader knows, state with an enthusiasm for his responsibil- and artistic,’’ said friend Stelle Snyder. and local governments have a lot at ity as a top-flight educator—and his ‘‘You could see her love for the arts in her stake with respect to the deliberations privilege of being Hannah’s husband all home, in her work at Wingate, in anything those years. she did. of this Commission, and the Internet ‘‘Hannah had so many responsibilities be- Tax Freedom Act anticipates their full Mr. President, Jerry and Hannah this past weekend were enjoying a six-week hind the scenes, and she loved her work.’’ participation on the panel. If we hope Monday, flags at Wingate University flew to reach consensus on a uniform tax- sabbatical at Tortola Island, one of the at half-staff in honor of Hannah McGee. As ation system that allows electronic British Virgin Islands. Their stay on the wife of Wingate President Jerry McGee, commerce to flourish without eroding Tortola had been, both said last week, she left a lasting impression on the univer- state and local tax bases, a balanced, the happiest weeks of their lives. It all sity and the entire community. representative Commission is in all ended when Hannah was awakened A Rockingham native, she moved to Sunday morning suffering an excruci- Wingate about 61⁄2 years ago when her hus- parties’ self-interest. band was named president of the university. Mr. LOTT. Mr. President, the Inter- ating numbness which quickly devel- oped into the massive cerebral hemor- But Hannah McGee was more than a presi- net has arrived, and it is worldwide. dent’s wife, friends said. Let me share a few statistics. There rhage that claimed Hannah McGee’s ‘‘Hannah touched so many things in her are an estimated 66,000 new users a day, life at such an early age. own special way here at Wingate,’’ said e-commerce is growing at about 200% a Hannah grew up in Rockingham in friend Barbara Williamson. ‘‘People never year, web sites went from 10,000 to 3.2 North Carolina. At age 14 she caught even knew all the hard stuff Hannah did be- million in just 3 years. Congress needs the eye of a star athlete at Richmond cause it was all behind the scenes.’’ the Commission’s recommendations, County Senior High School. She mar- Hannah McGee helped launch English as a second language program in Union County. and I look forward to reviewing them. ried that star athlete years later—- after both of them had finished college. As a board member of the Union County f Players, she made costumes and worked They immediately began together de- backstage for several performances. THE VERY BAD DEBT BOXSCORE voting their lives to young people. She played a major role in beautifying and Mr. HELMS. Mr. President, at the A mutual friend asked Jerry about restoring the M.B. Dry Memorial Chapel at close of business yesterday, Monday, Hannah. Jerry’s response was that the school. She never hesitated to open the March 1, 1999, the federal debt stood at Hannah provided the kind of relation- doors to her home and entertain students, $5,643,045,679,358.32 (Five trillion, six ship that everyone dreams of; he con- faculty and other guests. hundred forty-three billion, forty-five firmed that he had been in love with ‘‘Bit by bit, we’ll see Hannah’s no longer with us,’’ Snyder said. million, six hundred seventy-nine thou- Hannah since his high school football Jerry McGee had taken a three-month sab- sand, three hundred fifty-eight dollars days when she was that 14-year-old girl batical leave from the university in January and thirty-two cents). with the ponytail. to relax and spend more time with his wife of Five years ago, March 1, 1994, the fed- Mr. President, services for that beau- 33 years. The McGees were childhood sweet- eral debt stood at $4,554,537,000,000 tiful, loving and caring Hannah will be hearts, and Jerry McGee often referred to S2092 CONGRESSIONAL RECORD — SENATE March 2, 1999 Hannah as ‘‘the girl with the ponytail who vacancies that existed in 1995. If last In his 1997 Year-End Report, Chief stole my heart.’’ year is to represent real progress and a Justice Rehnquist focused on the prob- The couple were in Tortola in the British change from the destructive politics of lem of ‘‘too few judges and too much Virgin Islands when Hannah McGee got sick. the two preceding years in which the work.’’ He noted the vacancy crisis and She was flown to a San Juan hospital and died Sunday morning. Republican Senate confirmed only 17 the persistence of scores of judicial ‘‘She was the mother, wife, daughter and and 36 judges, we need to at least dupli- emergency vacancies and observed: sister that everyone dreams of—one of the cate those results again this year. The ‘‘Some current nominees have been easiest people to love who ever lived,’’ Jerry Senate needs to consider judicial nomi- waiting a considerable time for a Sen- McGee said in a news release Monday. nations promptly and to confirm with- ate Judiciary Committee vote or a Hannah McGee is survived by her husband out additional delay the many fine men final floor vote.’’ He went on to note: and two adult sons, Ryan and Sam. and women President Clinton is send- ‘‘The Senate is surely under no obliga- Funeral services will be 11 a.m. Wednesday ing us. tion to confirm any particular nomi- at Wingate Baptist Church and burial will We start this year already having re- nee, but after the necessary time for follow at Dockery Family Center in Rock- ceived 19 judicial nominations. I am ingham. A memorial service also will be inquiry it should vote him up or vote March 9 in Austin Auditorium on the confident that many more are follow- him down.’’ Wingate University campus. ing in the days and weeks ahead. Un- During the entire four years of the f fortunately, past delays mean that 26 Bush Administration there were only of the current vacancies, over 40 per- three judicial nominations that were JUDICIAL NOMINATIONS IN THE cent, are already judicial emergency pending before the Senate for as long FIRST SESSION OF THE 106TH vacancies, having been empty for more as 9 months before being confirmed and CONGRESS than 18 months. A dozen of the 19 nomi- none took as long as a year. In 1997 Mr. LEAHY. Mr. President, as the nations now pending had been received alone there were 10 judicial nomina- Senate belatedly begins this congres- in years past. Ten are for judicial tions that took more than 9 months be- sional session, I look forward to work- emergency vacancies. The nomination fore a final favorably vote and 9 of ing with the Democratic Leader, the of Judge Paez to the Ninth Circuit those 10 extended over a year to a year Majority Leader, Senator HATCH, the dates back over three years to January and one-half. In 1998 another 10 con- Chairman of the Senate Judiciary 1996. Judge Paez along with three oth- firmations extended over 9 months: Committee, and all Senators again this ers were reported favorably by the Ju- Professor Fletcher’s confirmation took year with respect to fulfilling our con- diciary Committee to the Senate last 41 months—the longest-pending judi- stitutional duty regarding judicial Congress but were never considered by cial nomination in the history of the nominations. the full Senate. I hope that the Senate United States—Hilda Tagle’s confirma- Last year the Senate confirmed 65 will confirm all these qualified nomi- tion took 32 months, Susan Oki federal judges to the District Courts nees without further delay. Mollway’s confirmation took 30 In addition to the 64 current vacan- and Courts of Appeals around the coun- months, Ann Aiken’s confirmation cies and the seven we anticipate, there try and to the Court of International took 26 months, Margaret McKeown’s is also the longstanding request by the Trade. That was 65 of the 91 nomina- confirmation took 24 months, Margaret Federal judiciary for additional judges tions received for the 115 vacancies the Morrow’s confirmation took 21 months, who are needed to hear the ever grow- federal judiciary experienced last year. Judge Sonia Sotomayor’s confirmation ing caseload in our Federal courts. In Together with the 36 judges con- took 15 months, Rebecca Pallmeyer’s his 1998 Year-End Report of the Federal firmed in 1997, the total number of arti- confirmation took 14 months, Dan Judiciary, Chief Justice Rehnquist cle III federal judges confirmed during Polster’s confirmation took 12 months, noted: ‘‘The number of cases brought the last Congress was a 2-year total of and Victoria Roberts’ confirmation 101—the same total that was confirmed to the federal courts is one of the most serious problems facing them today.’’ took 11 months. in one year when Democrats made up I calculate that the average number Criminal cases rose 15 percent in 1998, the majority of the Senate in 1994. The of days for those few lucky nominees alone. Yet the Republican Congress has 104th Congress (1995–96) had resulted in who are finally confirmed is continuing for the past several years simply re- a 2-year total of only 75 judges being to escalate. In 1996, the Republican fused to consider the authorization of confirmed. By way of contrast, I note Senate shattered the record for the av- the additional judges requested by the that during the last two years of the erage number of days from nomination Judicial Conference. Bush Administration, even including In 1984 and in 1990, Congress did re- to confirmation for judicial confirma- the presidential election year of 1992, a spond to requests for needed judicial tion. The average rose to a record 183 Democratic Senate confirmed 124 fed- resources by the Judicial Conference. days. In 1997, the average number of eral judges. Indeed, in 1990, a Democratic majority days from nomination to confirmation As we begin this year there are 64 in the Congress created judgeships dur- rose dramatically yet again, and that current judicial vacancies and seven ing a Republican presidential adminis- was during the first year of a presi- more on the horizon. In 1983, at the be- tration. dential term. From initial nomination ginning of the 98th Congress there were In 1997, the Judicial Conference of to confirmation, the average time it only 31 vacancies. Even after the cre- the United States requested that an ad- took for Senate action on the 36 judges ation of 85 new judgeships in 1984, the ditional 53 judgeships be authorized confirmed in 1997 broke the 200-day number of vacancies had been reduced around the country. If Congress had barrier for the first time in our his- by a Democratic majority in the Sen- passed the Federal Judgeship Act of tory. It was 212 days. Unfortunately, ate for a Republican President to only 1997, S. 678, as it should have, the Fed- that time is still growing and the aver- 41 at the start of the 101st Congress in eral judiciary would have 115 vacancies age is still rising to the detriment of 1989. today. That is the more accurate meas- the administration of justice. Last After the first Republican Senate in ure of the needs of the federal judiciary year, in 1998, the Senate broke the a decade, during the 104th Congress that have been ignored by the Congress record, again. The average time from (1995–96), the number of unfilled judi- over the past several years. nomination to confirmation for the 65 cial vacancies increased for the first In order to understand the impact of judges confirmed in 1998 was over 230 time in decades without the creation of judicial vacancies, we need only recall days. any new judgeships. Vacancies went that more and more of the vacancies At each step of the process, judicial from 65 at the start of 1995, to 89 at the are judicial emergencies that have nominations are being delayed and start of the 105th Congress in 1997. That been left vacant for longer periods of stalled. Judge Richard Paez, Justice is an increase in judicial vacancies of time. Last year the Senate adjourned Ronnie L. White, Judge William J. 37 percent without a single new judge- with 15 nominations for judicial emer- Hibbler and Timothy Dyk were each ship having been authorized. gency vacancies left pending without left on the Senate calendar without ac- We made some progress last year action. Ten of the nominations re- tion when the Senate adjourned last when the Senate confirmed 65 judges. ceived already this year are for judicial October. Marsha Berzon, Matthew Ken- That only got us back to the level of emergency vacancies. nelly and others were each denied a March 2, 1999 CONGRESSIONAL RECORD — SENATE S2093 vote before the Judiciary Committee pecially interested in the potential for become dependent on this funding, following a hearing. Helene N. White, Montana to be the rural site. We cur- we’ve provided for an expiration of this Ronald M. Gould and Barry P. Goode, rently have veterans traveling hun- program in 10 years. were among a total of 13 judicial nomi- dreds of miles for their VA treatments. I’m especially interested in the po- nees never accorded a hearing last year By establishing some type of joint VA/ tential benefit to Montana. Many before the Judiciary Committee. Medicare program, we create opportu- start-up companies choose to locate in At the conclusion of the debate on nities to expand access and improve Western states where they have room the nomination of Merrick Garland to continuity of medical care for Montana to actively test their ideas and inven- the United States Court of Appeals for Veterans. tions. When combined with the District of Columbia, as 23 Repub- I’m encouraged by the awareness VentureStar’s interest in Montana, licans were preparing to vote against being raised in the VA recently for our this loan guarantee program could help that exceptionally well-qualified nomi- State. The recent town meetings by develop a space technology region in nee whose confirmation had been de- the VA officials are just the beginning. our state that would attract high-tech layed 18 months, Senator HATCH said My presence there was intended to companies with high-tech jobs. Mon- ‘‘playing politics with judges is unfair, show the VA how serious we take the tana already has a lot to offer, and I’m and I am sick of it.’’ I agree with him. necessity of improvement. We have to convinced that this program is one I look forward to a return to the days get better. My commitment through more way to give potential businesses when judicial nominations are treated the coming months is to look for addi- a reason to make Montana their head- with the respect and attention that tional ways to ease communication be- quarters. they deserve. tween Montana Veterans and the As seen this past summer, launching It is my hope that we can start in the Washington, D.C. establishment. We rockets is a risky business even for right spirit and move in the right di- also need to increase the opportunities well-established companies. We need to rection by reporting out the nomina- for Veterans to hear more about the fu- find ways to encourage banks to quali- tions of Timothy Dyk to the Federal ture plans for Veterans’ health care. tatively judge the overall risks and in- Circuit; Judge Richard Paez and Mar- Again, I’ll be working on both of these vest in creative new ways to get sat- sha L. Berzon to the Ninth Circuit; topics this spring. ellites into orbit. By providing loan William J. Hibbler and Matthew F. We owe our veterans a debt of service guarantees to qualified companies, we Kennelly to the District Court for the for their sacrifices for our country. The can grow our capable domestic launch Northern District of Illinois; and Ron- program in this bill is a great oppor- program into the world’s choice for nie L. White to the District Court for tunity for us to be fiscally responsible getting access to space. I strongly en- the Eastern District of Missouri. They while improving the care and treat- courage my colleagues to support this have each already had confirmation ment of a group of honored citizens. I bill. hearings before the Senate Judiciary strongly encourage my colleagues to Committee. Four of the six have pre- support this bill. f viously been reported favorably by the f Committee. The Senate should act to SPACE TRANSPORTATION LOAN MESSAGES FROM THE PRESIDENT confirm these six nominees before the GUARANTEES Messages from the President of the end of the month. United States were communicated to We should proceed to confirmation Mr. BURNS. Mr. President, I am the Senate by Mr. Williams, one of his hearings for Helene N. White, Ronald pleased to join Mr. BREAUX in co-spon- secretaries. M. Gould, Barry P. Goode, Lynette soring the Commercial Space Trans- Norton, Legrome D. Davis and Virginia portation Cost Reduction Act. This is a EXECUTIVE MESSAGES REFERRED Phillips. Each of these nominations has appropriate extension of programs that As in executive session the Presiding been before the Committee for more we have used to encourage other fledg- Officer laid before the Senate messages than nine months already. It is time ling industries such as shipbuilding and from the President of the United for us to proceed. rail. Through this legislation, we hope States submitting one treaty and sun- With the continued commitment of to build a commercially competitive dry nominations which were referred to all Senators we can make real progress launch industry here in America that the appropriate committees. this year. We can help fill the long- brings the world’s satellites to our (The nominations received today are standing vacancies that are plaguing doorstep for launch into orbit. printed at the end of the Senate pro- the Federal judiciary and provide the This bill sets up loan guarantee pro- ceedings.) resources needed to the administration grams; not grant handouts, but loan of justice across the country. guarantees to help encourage commer- f f cial investment in start-up space in- dustries. We want to encourage anyone REPORT OF FEDERAL LABOR RE- VETERANS’ ACCESS TO MEDICARE with an idea good enough to raise some LATIONS AUTHORITY FOR FIS- Mr. BURNS. Mr. President, I am start up funds to approach the finan- CAL YEAR 1997—MESSAGE FROM pleased to join Mr. JEFFORDS in co- cial market with some assurance that THE PRESIDENT—PM 12 sponsoring the Veterans’ Equal Access their request for business loans will be The PRESIDING OFFICER laid be- to Medicare Act. This bill requires the approved. By placing $500 million in a fore the Senate the following message Secretary of Veterans Affairs and the NASA account in a guarantee program, from the President of the United Secretary of Health and Human Serv- we will leverage growth and invest- States, together with an accompanying ices to create a demonstration program ment to many times that. To encour- report; which was referred to the Com- to allow Medicare-eligible veterans to age truly competitive ideas, we’ve mittee on Governmental Affairs. receive their treatment at VA treat- placed a number of guidelines on this ment facilities. This is a thoughtful ap- bill. We will only guarantee a maxi- To the Congress of the United States: proach to try to help our veterans, es- mum of 80% of the capitol required for In accordance with section 701 of the pecially our elderly veterans, receive a space vehicle construction project, Civil Service Reform Act of 1978 (Pub- all of their treatments in one place. In the rest must be raised privately. Ten lic Law 95–454; 5 U.S.C. 7104(e)), I am the process, we hope to save money for to twenty percent of the pool is set pleased to transmit the Nineteenth An- the taxpayers and get greater benefits aside for small businesses, and we’ve nual Report of the Federal Labor Rela- for our treatment dollars. specifically excluded the DoD launch tions Authority for Fiscal Year 1997. This is a voluntary program to estab- vehicle development programs cur- The report includes information on lish 10 regional sites nationwide to pro- rently underway. There is a credit-wor- the cases heard and decisions rendered vide this new service. This bill calls thiness requirement with specific loan by the Federal Labor Relations Au- out several criteria for potential sites: criteria for being eligible for the loan. thority, the General Counsel of the Au- one must be near a closed military Finally, it guarantees the U.S. Govern- thority, and the Federal Service Im- base, one must be in a predominantly ment the best price for any launch sys- passes Panel. rural area, and no new buildings must tem developed under this program. To WILLIAM J. CLINTON. be built as part of this program. I’m es- make sure that no launch companies THE WHITE HOUSE, March 2, 1999. S2094 CONGRESSIONAL RECORD — SENATE March 2, 1999 MEASURES READ THE FIRST TIME Col. Mark A. Welsh, III, 4911 In the Air Force nomination of Kymble L. Col. Stephen G. Wood, 7553 Mccoy, which was received by the Senate The following bill was read the first Col. Donald C. Wurster, 1815 and appeared in the Congressional Record of time: The following Air National Guard of the February 3, 1999. H.R. 350. An act to improve congressional United States officer for appointment in the In the Air Force nominations beginning deliberations on proposed Federal private Reserve of the Air Force, to the grade indi- Robert S Andrews, and ending David J sector mandates, and for other purposes. cated under title 10, U.S.C., section 12203: Zollinger, which nominations were received f To be brigadier general by the Senate and appeared in the Congres- sional Record of February 3, 1999. Col. Michael B. Smith, 0409 REPORTS OF COMMITTEES In the Air Force nominations beginning The following named officer for appoint- Richard L Ayres, and ending William C The following reports of committees ment in the Reserve of the United States were submitted: Wood, which nominations were received by Marine Corps to the grade indicated under the Senate and appeared in the Congres- By Mr. BOND, from the Committee on title 10, U.S.C., section 12203: sional Record of February 3, 1999. Small Business, without amendment: To be major general In the Air Force nominations beginning S. 364. A bill to improve certain loan pro- Peter C Atinopoulos, and ending George T grams of the Small Business Administration, Brig. Gen. Leo V. Williams, III, 3893 Zolovick, which nominations were received and for other purposes (Rept. No. 106–6). The following named officers for appoint- by the Senate and appeared in the Congres- By Mr. GRAMM, from the Committee on ment in the United States Air Force to the sional Record of February 3, 1999. Banking, Housing, and Urban Affairs, with- grade indicated under title 10, U.S.C., section out amendment: 624: In the Army nominations beginning George L. Hancock, Jr., and ending Sidney S. 313. A bill to repeal the Public Utility To be major general Holding Company Act of 1935, to enact the W. Atkinson, which nominations were re- Brig. Gen. John R. Baker, 3934 ceived by the Senate and appeared in the Public Utility Holding Company Act of 1999, Brig. Gen. John D. Becker, 8234 and for other purposes (Rept. No. 106–7). Congressional Record of February 3, 1999. Brig. Gen. Robert F. Behler, 1612 In the Army nominations beginning Sam- By Mr. HATCH, from the Committee on Brig. Gen. Scott C. Bergren, 1312 the Judiciary, with amendments: uel J. Boone, and ending Donna C. Weddle, Brig. Gen. Paul L. Bielowicz, 8502 which nominations were received by the Sen- S. 247. A bill to amend title 17, United Brig. Gen. Franklin J. Blaisdell, 5802 States Code, to reform the copyright law ate and appeared in the Congressional Brig. Gen. Robert P. Bongiovi, 5760 Record of February 3, 1999. with respect to satellite retransmissions of Brig. Gen. Carrol H. Chandler, 9115 broadcast signals, and for other purposes. In the Army nominations beginning Fred- Brig. Gen. Michael M. Dunn, 3491 eric L. Borch, III, and ending Stephanie D. f Brig. Gen. Thomas B. Goslin, Jr., 2970 Willson, which nominations were received by Brig. Gen. Lawrence D. Johnston, 1244 EXECUTIVE REPORTS OF the Senate and appeared in the Congres- Brig. Gen. Michael S. Kudlacz, 4038 sional Record of February 3, 1999. COMMITTEE Brig. Gen. Arthur J. Lichte, 5483 In the Army nomination of Wendell C. Brig. Gen. William R. Looney, III, 5052 The following executive reports of King, which was received by the Senate and Brig. Gen. Stephen R. Lorenz, 2664 committees were submitted: appeared in the Congressional Record of Feb- Brig. Gen. T. Michael Moseley, 1516 ruary 3, 1999. By Mr. WARNER, from the Committee on Brig. Gen. Michael C. Mushala, 4529 Armed Services: Brig. Gen. Larry W. Northington, 0293 In the Army nominations beginning The following named officers for appoint- Brig. Gen. Everett G. Odgers, 2279 George A. Amonette, and ending Kenneth R. ment in the United States Air Force to the Brig. Gen. William A. Peck, Jr., 3626 Stolworthy, which nominations were re- grade indicated under title 10, U.S.C., section Brig. Gen. Timothy A. Peppe, 8336 ceived by the Senate and appeared in the 624: Brig. Gen. Richard V. Reynolds, 1156 Congressional Record of February 3, 1999. To be brigadier general Brig. Gen. Earnest O. Robbins, II, 3677 In the Army nominations beginning *Craig Brig. Gen. Randall M. Schmidt, 1246 J. Bishop, and ending David W. Niebuhr, Col. James B. Armor, Jr., 7031 which nominations were received by the Sen- Col. Barbara C. Brannon, 0424 Brig. Gen. Norton A. Schwartz, 7542 Brig. Gen. Todd I. Stewart, 1167 ate and appeared in the Congressional Col. David M. Cannan, 3149 Record of February 3, 1999. Col. Richard J. Casey, 7432 Brig. Gen. George N. Williams, 5397 In the Army nominations beginning Dale Col. Kelvin R. Coppock, 0425 (The above nominations were reported G. Nelson, and ending Frank M. Swett, Jr., Col. Kenneth M. Decuir, 9876 with the recommendation that they be con- which nominations were received by the Sen- Col. Arthur F. Diehl, III, 6363 firmed.) ate and appeared in the Congressional Col. Lloyd E. Dodd, Jr., 5193 Mr. WARNER. Mr. President, for the Record of February 3, 1999. Col. Bob D. Dulaney, 3361 Committee on Armed Services, I report Col. Felix Dupre, 5938 In the Army nomination of Dennis K. Col. Robert J. Elder, Jr., 7484 favorably 40 nomination lists in the Air Lockard, which was received by the Senate Col. Frank R. Faykes, 4797 Force, Army, Marine Corps, and Navy and appeared in the Congressional Record of Col. Thomas J. Fiscus, 5444 which were printed in full in the Con- February 3, 1999. Col. Paul J. Fletcher, 5438 gressional Records of February 3, 1999, In the Army nominations beginning Stuart Col. John H. Folkerts, 4060 and February 4, 1999 and ask unani- C. Pike, and ending Delance E. Wiegele, which nominations were received by the Sen- Col. William M. Fraser, III, 9314 mous consent, to save the expense of Col. Stanley Gorenc, 8279 ate and appeared in the Congressional reprinting on the Executive Calendar, Record of February 3, 1999. Col. Michael C. Gould, 3374 that these nominations lie at the Sec- Col. Paul M. Hankins, 1000 In the Army nomination of Franklin B. Col. Elizabeth A. Harrell, 1522 retary’s desk for the information of Weaver, which was received by the Senate Col. Peter J. Hennessey, 1571 Senators. and appeared in the Congressional Record of Col. William W. Hodges, 4545 The PRESIDING OFFICER. Without February 3, 1999. Col. Donald J. Hoffman, 5449 objection, it is so ordered. In the Army nominations beginning Thom- Col. William J. Jabour, 2791 In the Air Force nominations beginning as J. Semarge, and ending *Jeffrey J. Fisher, Col. Thomas P. Kane, 9763 Bruce R. Burnham, and ending Mahender which nominations were received by the Sen- Col. Claude R. Kehler, 6600 Dudani, which nominations were received by ate and appeared in the Congressional Col. Frank G. Klotz, 6089 the Senate and appeared in the Congres- Record of February 3, 1999. Col. Robert H. Latiff, 2190 sional Record of February 3, 1999. In the Army nomination of *William J. Col. Michael G. Lee, 9675 In the Air Force nominations beginning Miluszusky, which was received by the Sen- Col. Robert E. Mansfield, Jr., 9591 Malcolm M. Dejnozka, and ending Gaelle J. ate and appeared in the Congressional Col. Henry A. Obering, III, 3819 Glickfield, which nominations were received Record of February 3, 1999. Col. Lorraine K. Potter, 9945 by the Senate and appeared in the Congres- In the Army nomination of *Daniel S. Sul- Col. Neal T. Robinson, 0542 sional Record of February 3, 1999. livan, which was received by the Senate and Col. Robin E. Scott, 8526 In the Air Force nominations beginning appeared in the Congressional Record of Feb- Col. Norman R. Seip, 6765 *Les R. Folio, and ending Daniel J. Feeney, ruary 3, 1999. Col. Bernard K. Skoch, 2109 which nominations were received by the Sen- In the Army nominations beginning Chris- Col. Robert L. Smolen, 7953 ate and appeared in the Congressional topher A. Acker, and ending X1910, which Col. Joseph P. Stein, 2625 Record of February 3, 1999. nominations were received by the Senate and Col. Jerald D. Stubbs, 0457 In the Air Force nomination of Vincent J. appeared in the Congressional Record of Feb- Col. Kevin J. Sullivan, 2930 Shiban, which was received by the Senate ruary 3, 1999. Col. James P. Totsch, 3674 and appeared in the Congressional Record of In the Army nominations beginning Col. Mark A. Volcheff, 3790 February 3, 1999. George L. Adams, III, and ending Juanita H March 2, 1999 CONGRESSIONAL RECORD — SENATE S2095 Winfree, which nominations were received by and second time by unanimous con- Alaska; to the Committee on Energy and the Senate and appeared in the Congres- sent, and referred as indicated: Natural Resources. sional Record of February 3, 1999. By Mr. ASHCROFT (for himself and By Mr. LAUTENBERG: In the Army nominations beginning Lisa Mr. DOMENICI): S. 491. A bill to enable America’s schools to Andersonlloyd, and ending Peter C Zolper, S. 502. A bill to protect social security; to use their computer hardware to increase stu- which nominations were received by the Sen- the Committee on the Budget and the Com- dent achievement and prepare students for ate and appeared in the Congressional mittee on Governmental Affairs, jointly, the 21st century workplace; to the Commit- Record of February 3, 1999. pursuant to the order of August 4, 1977, with In the Army nominations beginning Mark tee on Health, Education, Labor, and Pen- instructions that if one Committee reports, O. Ainscough, and ending Arthur C Zuleger, sions. the other Committee have thirty days to re- which nominations were received by the Sen- By Mr. SARBANES (for himself, Ms. port or be discharged. ate and appeared in the Congressional MIKULSKI, Mr. WARNER, Mr. ROBB, By Mr. ALLARD: Record of February 3, 1999. and Mr. SANTORUM): S. 503. A bill designating certain land in In the Army nominations beginning Gregg S. 492. A bill to amend the Federal Water the San Isabel National Forest in the State T. Anders, and ending Carl C Yoder, which Pollution Act to assist in the restoration of of Colorado as the ‘‘Spanish Peaks Wilder- nominations were received by the Senate and the Chesapeake Bay, and for other purposes; ness’’; to the Committee on Energy and Nat- appeared in the Congressional Record of Feb- to the Committee on Environment and Pub- ural Resources. ruary 3, 1999. lic Works. By Mr. CLELAND: In the Army nominations beginning Robert By Mr. SARBANES (for himself, Ms. S. 504. A bill to reform Federal election V. Adamson, and ending Jack W Zimmerly, MIKULSKI, and Mr. EDWARDS): campaigns; to the Committee on Rules and which nominations were received by the Sen- S. 493. A bill to require the Secretary of Administration. ate and appeared in the Congressional the Army, acting through the Chief of Engi- By Mr. GRASSLEY: Record of February 3, 1999. neers, to evaluate, develop, and implement S. 505. A bill to give gifted and talented In the Marine Corps nomination of Terry pilot projects in Maryland, Virginia, and students the opportunity to develop their ca- G. Robling, which was received by the Sen- North Carolina to address problems associ- pabilities; to the Committee on Health, Edu- ate and appeared in the Congressional ated with toxic microorganisms in tidal and cation, Labor, and Pensions. Record of February 3, 1999. non-tidal wetlands and waters; to the Com- By Mrs. LINCOLN (for herself, Mr. In the Marine Corps nomination of Milton mittee on Environment and Public Works. MOYNIHAN, Mr. BREAUX, Mr. KERREY, J. Staton, which was received by the Senate By Mr. GRAHAM (for himself, Mr. Ms. LANDRIEU, and Mr. COCHRAN): and appeared in the Congressional Record of GRASSLEY, Mr. ROTH, Mr. MOYNIHAN, S. 506. A bill to amend the Internal Reve- February 3, 1999. Mr. CHAFEE, Mr. ROCKEFELLER, Mr. nue Code of 1986 to permanently extend the In the Marine Corps nomination of Stephen MACK, Mr. BREAUX, Mr. KERREY, Ms. provisions which allow nonrefundable per- W. Austin, which was received by the Senate MIKULSKI, Mr. BRYAN, Mr. HOLLINGS, sonal credits to be fully allowed against reg- and appeared in the Congressional Record of Mr. INOUYE, Mr. HARKIN, Mr. BAYH, ular tax liability; to the Committee on Fi- February 3, 1999. Mr. ROBB, and Mr. MURKOWSKI): nance. In the Marine Corps nomination of William S. 494. A bill to amend title XIX of the So- By Mr. WARNER (for himself, Mr. S. Tate, which was received by the Senate cial Security Act to prohibit transfers or dis- CHAFEE, Mr. BAUCUS, Mr. VOINOVICH, and appeared in the Congressional Record of charges of residents of nursing facilities as a Mr. LAUTENBERG, Mr. BENNETT, and February 3, 1999. result of a voluntary withdrawal from par- Mrs. BOXER): In the Marine Corps nomination of Robert ticipation in the medicaid program; to the S. 507. A bill to provide for the conserva- S. Barr, which was received by the Senate Committee on Finance. tion and development of water and related and appeared in the Congressional Record of By Mr. BOND (for himself, Mr. resources, to authorize the Secretary of the February 3, 1999. ASHCROFT, and Mr. INHOFE): Army to construct various projects for im- In the Marine Corps nomination of John C. S. 495. A bill to amend the Clean Air Act to provements to rivers and harbors of the Lex, which was received by the Senate and repeal the highway sanctions; to the Com- United States, and for other purposes; to the appeared in the Congressional Record of Feb- mittee on Environment and Public Works. Committee on Environment and Public ruary 3, 1999. By Mr. REED (for himself and Mr. Works. In the Marine Corps nomination of Lance WYDEN): By Mr. SANTORUM (for himself and A. Mcdaniel, which was received by the Sen- S. 496. A bill to provide for the establish- Mr. ALLARD): ate and appeared in the Congressional ment of an assistance program for health in- S. 508. A bill to prohibit implementation of Record of February 3, 1999. surance consumers; to the Committee on ‘‘Know Your Customer’’ regulations by the In the Marine Corps nomination of Joseph Health, Education, Labor, and Pensions. Federal banking agencies; read the first time. M. Perry, which was received by the Senate By Mr. MOYNIHAN: and appeared in the Congressional Record of S. 497. A bill to designate Great Kills Park By Mr. DODD (for himself and Mr. February 3, 1999. in the Gateway National Recreation Area as COVERDELL): S. 509. A bill to amend the Peace Corps Act In the Marine Corps nomination of Myron ‘‘World War II Veterans Park at Great Kills″; to authorize appropriations for fiscal years P. Edwards, which was received by the Sen- to the Committee on Energy and Natural Re- 2000 through 2003 to carry out that Act, and ate and appeared in the Congressional sources. Record of February 3, 1999. for other purposes; to the Committee on For- By Mr. WYDEN: eign Relations. In the Marine Corps nominations begin- S. 498. A bill to require vessels entering the By Mr. CAMPBELL (for himself, Mr. ning David J Abbott, and ending Kevin H United States waters to provide earlier no- CRAIG, Mr. KYL, Mr. CRAPO, Mr. GOR- Winters, which nominations were received by tice of the entry, to clarify the requirements the Senate and appeared in the Congres- TON, and Mr. GRAMS): for those vessels and the authority of the S. 510. A bill to preserve the sovereignty of sional Record of February 3, 1999. Coast Guard over those vessels, and for other In the Navy nomination of Jose M. Gon- the United States over public lands and ac- purposes; to the Committee on Commerce, quired lands owned by the United States, and zalez, which was received by the Senate and Science, and Transportation. appeared in the Congressional Record of Feb- to preserve State sovereignty and private By Mr. FRIST (for himself, Mr. JEF- ruary 3, 1999. property rights in non-Federal lands sur- FORDS, Mr. DORGAN, Mr. LEVIN, Mrs. In the Navy nomination of Douglas L. rounding those public lands and acquired MURRAY, Mr. DEWINE, Mr. MURKOW- Mayers, which was received by the Senate lands; to the Committee on Energy and Nat- SKI, Mr. THURMOND, Mr. DURBIN, and and appeared in the Congressional Record of ural Resources. Mr. INOUYE): By Mr. MCCAIN: February 3, 1999. S. 499. A bill to establish a congressional In the Navy nominations beginning Errol S. 511. A bill to amend the Voting Acces- commemorative medal for organ donors and F. Becker, and ending Eduardo R. Morales, sibility for the Elderly and Handicapped Act their families; to the Committee on Bank- which nominations were received by the Sen- to ensure the equal right of individuals with ing, Housing, and Urban Affairs. ate and appeared in the Congressional disabilities to vote, and for other purposes; By Mr. SMITH of New Hampshire (for Record of February 3, 1999. to the Committee on Rules and Administra- himself, Mr. JEFFORDS, and Mr. In the Army nominations beginning Tim O. tion. HELMS): Reutter, and ending *John M. Griffin, which By Mr. GORTON (for himself, Mrs. S. 500. A bill to amend section 991(a) of nominations were received by the Senate on FEINSTEIN, Mr. LAUTENBERG, Mr. title 28, United States Code, to require cer- February 3, 1999, and appeared in the Con- TORRICELLI, Mr. LIEBERMAN, and Mr. tain members of the United States Sentenc- gressional Record of February 4, 1999. EDWARDS): ing Commission to be selected from among S. 512. A bill to amend the Public Health f individuals who are victims of a crime of vio- Service Act to provide for the expansion, in- INTRODUCTION OF BILLS AND lence; to the Committee on the Judiciary. tensification, and coordination of the activi- JOINT RESOLUTIONS By Mr. MURKOWSKI (for himself and ties of the Department of Health and Human Mr. STEVENS): Services with respect to research on autism; The following bills and joint resolu- S. 501. A bill to address resource manage- to the Committee on Health, Education, tions were introduced, read the first ment issues in Glacier Bay National Park, Labor, and Pensions. S2096 CONGRESSIONAL RECORD — SENATE March 2, 1999 SUBMISSION OF CONCURRENT AND achieve those results, teachers must be advanced education and for securing employ- SENATE RESOLUTIONS appropriately trained and use effective ment in the 21st century. (2) Computer literacy skills, such as infor- The following concurrent resolutions educational software programs. Other- wise, these computers become mere mation gathering, critical analysis and com- and Senate resolutions were read, and munication with the latest technology, build referred (or acted upon), as indicated: furniture in a classroom. upon the necessary basics of reading, writ- To boost student achievement By Mr. LOTT (for himself and Mr. ing, mathematics, and other core subject through computers and technology, my DASCHLE): areas. S. Res. 55. A resolution making appoint- ‘‘Education for the 21st Century Act’’ (3) According to a study conducted by the ments to certain Senate committees for the will provide up to $30 million per year Educational Testing Service (ETS), eighth 106th Congress; considered and agreed to. to train a team of teachers from every grade mathematics students whose teachers By Mr. COVERDELL (for himself, Mr. middle school in the nation in the most used computers for simulations and applica- TORRICELLI, and Mr. ROBB): up-to-date computing technology. tions outperformed students whose teachers S. Res. 56. A resolution recognizing March did not use such educational technology. These Teacher Technology leaders (4) Although an ever increasing amount of 2, 1999 as the ‘‘National Read Across America could then share their training with Day’’, and encouraging every child, parent schools are obtaining the latest computer and teacher to read throughout the year; the rest of the faculty in their schools, hardware, schools will not be able to take considered and agreed to. so all teachers are ready to pass these advantage of the benefits of computer-based skills on to their students. learning unless teachers are effectively f Mr. President, the E–21 Act will also trained in the latest educational software STATEMENTS ON INTRODUCED create national educational software applications. BILLS AND JOINT RESOLUTIONS competitions, open to high school and (5) The Educational Testing Service (ETS) college students, to work in partner- study showed that students whose teachers By Mr. LAUTENBERG: received training in computers performed S. 491. A bill to enable America’s ship with university faculty and profes- better than other students. The study also schools to use their computer hardware sional software developers. The best of found that schools that provide teachers to increase student achievement and these software packages would be with professional development in computers prepare students for the 21st century available free-of-charge over the Inter- enjoyed higher staff morale and lower absen- net through the Department of Edu- teeism rates. workplace; to the Committee on (6) Some of the most exciting applications Health, Education, Labor, and Pen- cation’s web page. Mr. President, I want to make clear in educational technology are being devel- sions. to my colleagues that this emphasis on oped not only by commercial software com- THE ‘‘EDUCATION FOR THE 21ST CENTURY ACT’’ panies, but also by university faculty and computer training is not at the expense secondary school and college students. The Mr. LAUTENBERG. Mr. President, I of the fundamental, basic skills that rise to introduce ‘‘E–21’’—the Edu- fruit of this academic talent should be chan- underlie education: reading, writing neled more effectively to benefit our Na- cation for the 21st Century Act. and arithmetic. It’s still important to tion’s elementary and secondary schools. The E–21 Act will help ensure that all master these traditional basics. But we SEC. 4. MIDDLE SCHOOL COMPUTER LITERACY middle school graduates attain basic should also add a ‘‘new basic’’ to the CHALLENGE. computer literacy skills that will pre- list—computer literacy. Americans (a) GRANTS AUTHORIZED.—The Secretary of pare them for high school and beyond, Education is authorized to award grants to will need those skills to compete in the States that integrate into the State curricu- and ultimately, for the 21st Century 21st Century. workplace. The E–21 Act will also allow lum the goal of making all middle school Mr. President, this proposal is part of graduates in the State technology literate. all school districts to obtain and uti- President Clinton’s FY 2000 Budget, (b) USES.—Grants awarded under this sec- lize the latest high-quality educational and as Ranking Member of the Budget tion shall be used for teacher training in software, free of charge. Committee and a member of the Appro- technology, with an emphasis on programs Mr. President, the first piece of legis- priations Committee, I will work to see that prepare 1 or more teachers in each mid- dle school in the State to become technology lation I introduced in the Senate was that it is funded for years to come. to provide financial assistance to intro- leaders who then serve as experts and train Mr. President, as a businessman who other teachers. duce computers into schools, to help got his start at the beginning of the (c) MATCHING FUNDS.—Each State shall en- students learn and expand their hori- computing age, I am proud to see the courage schools that receive assistance zons. That was in 1983. Back then, it way our nation has led the world in under this section to provide matching was the exceptional school that even computer technology. I want to make funds, with respect to the cost of teacher had a computer. It was an unusual sure that we continue to lead—through training in technology to be assisted under this section, in order to enhance the impact teacher or student who knew how to the second computer century—the 21st use one. of the teacher training and to help ensure Century. that all middle school graduates in the State That legislation was enacted into I therefore ask my colleagues to sup- are computer literate. law. Along with other resources, it port ‘‘E–21’’—the Education for the 21st (d) AUTHORIZATION OF APPROPRIATIONS.— helped bring computers into our Century Act. There are authorized to be appropriated to schools as part of everyday learning. Mr. President, I ask unanimous con- carry out this section $30,000,000 for each of Mr. President, as many of my col- sent that the text of the bill be printed the fiscal years 2000 through 2004. SEC. 5. HIGH-QUALITY EDUCATIONAL SOFTWARE leagues know, I got my start in the in the RECORD. computing business. Back then, com- FOR ALL SCHOOLS. There being no objection, the bill was (a) COMPETITION AUTHORIZED.—The Sec- puters filled large rooms and were so ordered to be printed in the RECORD, as retary of Education is authorized to award expensive that only the largest cor- follows: grants, on a competitive basis, to secondary porations could afford their own com- S. 491 school and college students working with puting centers. Today, even more pow- Be it enacted by the Senate and House of Rep- university faculty, software developers, and erful computers sit on a desktop in resentatives of the United States of America in experts in educational technology for the de- millions of homes, schools and busi- Congress assembled, velopment of high-quality educational soft- ware and Internet web sites by such stu- nesses across the nation. SECTION 1. SHORT TITLE. dents, faculty, developers, and experts. Mr. President, we’ve made great This Act may be cited as the ‘‘Education (b) RECOGNITION.— strides toward introducing computers for the 21st Century (e–21) Act’’. (1) IN GENERAL.—The Secretary of Edu- into schools, but too many of these SEC. 2. PURPOSE. cation shall recognize outstanding edu- computers are not being utilized to It is the purpose of this Act to enable cational software and Internet web sites de- their potential due to lack of updated America’s schools to use their computer veloped with assistance provided under this computer training for teachers. hardware to increase student achievement section. and prepare students for the 21st century (2) CERTIFICATES.—The President is re- Mr. President, a recent study by the workplace. Educational Testing Service confirmed quested to, and the Secretary shall, issue an SEC. 3. FINDINGS. official certificate signed by the President that computers do increase student Congress makes the following findings: and Secretary, to each student and faculty achievement and improve a school’s (1) Establishing computer literacy for mid- member who develops outstanding edu- learning climate. However—and this is dle school graduates will help ensure that cational software or Internet web sites rec- critical—the study specified that to students are receiving the skills needed for ognized under this section. March 2, 1999 CONGRESSIONAL RECORD — SENATE S2097 (c) FOCUS.—The educational software or nities in those six states and beyond is as well. The cooperation and attention Internet web sites that are recognized under also complex and multifaceted. of Federal agencies has been essential. this section shall focus on core curriculum I could continue talking about these Without the Federal Clean Water Act, areas. aspects of the Bay, but my fellow Sen- the Federal ban on DDT, and EPA’s wa- (d) PRIORITY.— tershed-wide coordination of Chesa- (1) FIRST YEAR.—For the first year that the ators are aware of the Bay’s impor- Secretary awards grants under this section, tance and have consistently regarded peake Bay restoration and cleanup ac- the Secretary shall give priority to awarding the protection and enhancement of the tivities, we would not have been able to grants for the development of educational quality of the Chesapeake Bay as an bring about the concerted effort, the software or Internet web sites in the areas of important national objective. real partnership, that is succeeding im- mathematics, science, and reading. Through the concerted efforts of pub- proving the water quality of the Bay (2) SECOND AND THIRD YEARS.—For the sec- lic and private organizations, we have and is succeeding in bringing back ond and third years that the Secretary learned to understand the complexities many of the fish and wildlife species. awards grants under this section, the Sec- of the Bay and we have learned what it The Chesapeake Bay is getting clean- retary shall give priority to awarding grants er, but we cannot afford to be compla- for the development of educational software takes to maintain the system that sus- or Internet web sites in the areas described tains us. The Chesapeake Bay Program cent. There are still tremendous in paragraph (1) and in social studies, the hu- is an extraordinary example of how stresses on the Bay. This is a fast- manities, and the arts. local, State, regional, and Federal growing area of the country, with an (e) JUDGES.—The Secretary shall designate agencies can work with citizens and ever increasing population, develop- official judges to recognize outstanding edu- private organizations to manage com- ment, and continuous changes in land cational software or Internet web sites as- plicated, vital, natural resources. In- use. sisted under this section. We need to remain vigilant in con- (f) DOWNLOADING.—Educational software deed, the Chesapeake Bay Program serves as a model across the country tinuing to address the needs of the Bay recognized under this section shall be made restoration effort. The hard work, in- available to local educational agencies for and around the world. free downloading from the Department of When the Bay began to experience se- vestment, and commitment, at all lev- Education’s Internet web site. Internet web rious unprecedented declines in water els, which has brought gains over the sites recognized under this section shall be quality and living resources in the last three decades, must not be allowed accessible to any user of the World Wide 1970s, the people in my state suffered. to lapse or falter. Web. The measure I am introducing today We lost thousands of jobs in the fishing (g) AUTHORIZATION OF APPROPRIATIONS.— reauthorizes the Bay program and industry. We lost much of the wilder- There are authorized to be appropriated to builds upon the Federal Government’s ness that defined the watershed. We carry out this section $5,000,000 for each of past role in the Chesapeake Bay Pro- began to appreciate for the first time the fiscal years 2000 through 2004. gram and the highly successful Fed- the profound impact that human activ- eral-State-local partnership to which I By Mr. SARBANES (for himself, ity could have on the Chesapeake Bay made reference. The bill also estab- Ms. MIKULSKI, Mr. WARNER, Mr. ecosystem. We began to recognize that lishes simple agency disclosure and ROBB, and Mr. SANTORUM): untreated sewage, deforestation, toxic budget coordination mechanisms to S. 492. A bill to amend the Federal chemicals, agricultural runoff, and in- help ensure that information about Water Pollution Act to assist in the creased development were causing a restoration of the Chesapeake Bay, and Federal Bay-related grants and degradation of water quality, the loss projects are readily available to the for other purposes; to the Committee of wildlife, and elimination of vital on Environment and Public Works. scientific community and the public. habitat. We also began to recognize As I mentioned before, the Chesa- THE CHESAPEAKE BAY RESTORATION ACT OF 1999 that these negative impacts were only peake Bay Program is a model of effi- Mr. SARBANES. Mr. President, part of a cycle that could eventually cient and effective coordination. Still, today, I am introducing along with a impact other economic and human there is always room for improvement number of my colleagues, a bill to con- health interests. as experience informs and enlightens tinue and enhance the efforts to clean Fortunately, over the last two dec- our judgments. While coordination be- up the Chesapeake Bay. Joining me in ades we have come to understand that tween the various levels of government sponsoring this bill are my colleagues humans can also have a positive effect has been exemplary, coordination from Maryland, Virginia, and Pennsyl- on the environment. We have learned among Federal agencies can be vania, Senators MIKULSKI, WARNER, that we can, if we are committed, help strengthened. This legislation begins ROBB, and SANTORUM. repair natural systems so that they to develop a better coordination mech- Mr. President, the Chesapeake Bay is continue to provide economic opportu- anism to help ensure that all Federal the largest estuary in the United nities and enhance the quality of life agency programs are accounted for. States and the key to the ecological for future generations. In addition, this bill requires the En- and economic health of the mid-Atlan- We now treat sewage before it enters vironmental Protection Agency to es- tic region. The Bay, in fact, is one of our waters. We banned toxic chemicals tablish a ‘‘Small Watershed Grants the world’s great natural resources. We that were killing wildlife. We have ini- Program’’ for the Chesapeake Bay re- tend to take it for granted because it is tiated programs to reduce nonpoint gion. These grants will help organiza- right here at hand, so to speak, and I source pollution, and we have taken tions and local governments launch a know many Members of this body have aggressive steps to restore depleted variety of locally-designed and locally- enjoyed the Chesapeake Bay. The Bay fisheries. implemented projects to restore rel- provides thousands of jobs for the peo- The States of Maryland, Virginia, atively small pieces of the larger ple in this region and is an important and Pennsylvania deserve much of the Chesapeake Bay watershed. By empow- component in the national economy. credit for undertaking many of the ac- ering local agencies and community The Bay is a major commercial water- tions that have put the Bay and its wa- groups to identify and solve local prob- way and shipping center for the region tershed on the road to recovery. All lems, this grant program will promote and for much of the eastern United three States have had major cleanup stewardship across the region and im- States. It supports a world-class fish- programs. They have made significant prove the whole by strengthening the ery that produces a significant portion commitments in terms of resources. It parts. of the country’s fin fish and shellfish is an important priority item on the This bill was carefully crafted with catch. The Bay and its waters also agendas of the Bay States. Governors the advise, counsel, and assistance of maintain an enormous tourism and have been strongly committed, as have many hard working organizations in recreation industry. State legislatures and the public. the Chesapeake Bay region, including The Chesapeake Bay is a complex There are a number of private organi- the Chesapeake Bay Commission, the system. It draws its life-sustaining wa- zations—the Chesapeake Bay Founda- Chesapeake Bay Foundation, The Alli- ters from a watershed that covers more tion, for example—which do extraor- ance for the Chesapeake Bay and var- than 64,000 square miles and parts of dinary good work in this area. ious offices within the state govern- six states. The Bay’s relationship to But there has been invaluable in- ments of Maryland, Virginia, and the people, industries, and commu- volvement by the Federal Government Pennsylvania. S2098 CONGRESSIONAL RECORD — SENATE March 2, 1999 Mr. President, it is the hope of the ‘‘SEC. 117. CHESAPEAKE BAY. tions, State and local governments, colleges, cosponsors that this bill will ulti- ‘‘(a) DEFINITIONS.—In this section: universities, and interstate agencies to carry mately be incorporated into a larger ‘‘(1) ADMINISTRATIVE COST.—The term ‘ad- out this section, subject to such terms and ministrative cost’ means the cost of salaries conditions as the Administrator considers piece of legislation that is due to be re- and fringe benefits incurred in administering appropriate. authorized or considered this year. a grant under this section. ‘‘(2) FEDERAL SHARE.— However, if such legislation is not con- ‘‘(2) CHESAPEAKE BAY AGREEMENT.—The ‘‘(A) IN GENERAL.—Except as provided in sidered or should become stalled in the term ‘Chesapeake Bay Agreement’ means the subparagraph (B), the Federal share of an as- legislative process—the larger legisla- formal, voluntary agreements executed to sistance grant provided under paragraph (1) tion covers a wide range of issues—it is achieve the goal of restoring and protecting shall be determined by the Administrator in our intention to try to move forward the Chesapeake Bay ecosystem and the liv- accordance with guidance issued by the Ad- ing resources of the Chesapeake Bay eco- with this legislation separately. ministrator. system and signed by the Chesapeake Execu- ‘‘(B) SMALL WATERSHED GRANTS PROGRAM.— The Chesapeake Bay cleanup effort tive Council. The Federal share of an assistance grant pro- has been a major bipartisan undertak- ‘‘(3) CHESAPEAKE BAY ECOSYSTEM.—The vided under paragraph (1) to carry out an im- ing in this body. It has consistently, term ‘Chesapeake Bay ecosystem’ means the plementing activity under subsection (g)(2) over the years, been strongly supported ecosystem of the Chesapeake Bay and its wa- shall not exceed 75 percent of eligible project by virtually all members of the Senate. tershed. costs, as determined by the Administrator. I strongly urge my colleagues to join ‘‘(4) CHESAPEAKE BAY PROGRAM.—The term ‘‘(3) NON-FEDERAL SHARE.—An assistance with us in supporting this legislation ‘Chesapeake Bay Program’ means the pro- grant under paragraph (1) shall be provided gram directed by the Chesapeake Executive on the condition that non-Federal sources and contributing to the improvement Council in accordance with the Chesapeake provide the remainder of eligible project and the enhancement of one of our Na- Bay Agreement. costs, as determined by the Administrator. tion’s most valuable and treasued nat- ‘‘(5) CHESAPEAKE EXECUTIVE COUNCIL.—The ‘‘(4) ADMINISTRATIVE COSTS.—Administra- ural resources. term ‘Chesapeake Executive Council’ means tive costs shall not exceed 10 percent of the Mr. President, I ask unanimous con- the signatories to the Chesapeake Bay annual grant award. sent that the full text of the bill, a sec- Agreement. ‘‘(e) IMPLEMENTATION AND MONITORING tion-by-section analysis, and letters of ‘‘(6) SIGNATORY JURISDICTION.—The term GRANTS.— ‘‘(1) IN GENERAL.—If a signatory jurisdic- support of the bill be inserted in the ‘signatory jurisdiction’ means a jurisdiction of a signatory to the Chesapeake Bay Agree- tion has approved and committed to imple- RECORD. ment. ment all or substantially all aspects of the There being no objection, the mate- ‘‘(b) CONTINUATION OF CHESAPEAKE BAY Chesapeake Bay Agreement, on the request rial was ordered to be printed in the PROGRAM.— of the chief executive of the jurisdiction, the RECORD, as follows: ‘‘(1) IN GENERAL.—In cooperation with the Administrator— S. 492 Chesapeake Executive Council (and as a ‘‘(A) shall make a grant to the jurisdiction for the purpose of implementing the manage- Be it enacted by the Senate and House of Rep- member of the Council), the Administrator ment mechanisms established under the resentatives of the United States of America in shall continue the Chesapeake Bay Program. Chesapeake Bay Agreement, subject to such Congress assembled, ‘‘(2) PROGRAM OFFICE.— ‘‘(A) IN GENERAL.—The Administrator shall terms and conditions as the Administrator SECTION 1. SHORT TITLE. maintain in the Environmental Protection considers appropriate; This Act may be cited as the ‘‘Chesapeake Agency a Chesapeake Bay Program Office. ‘‘(B) may make a grant to a signatory ju- Bay Restoration Act of 1999’’. ‘‘(B) FUNCTION.—The Chesapeake Bay Pro- risdiction for the purpose of monitoring the SEC. 2. FINDINGS AND PURPOSES. gram Office shall provide support to the Chesapeake Bay ecosystem. (a) FINDINGS.—Congress finds that— Chesapeake Executive Council by— ‘‘(2) PROPOSALS.— (1) the Chesapeake Bay is a national treas- ‘‘(i) implementing and coordinating ‘‘(A) IN GENERAL.—A signatory jurisdiction ure and a resource of worldwide significance; science, research, modeling, support serv- described in paragraph (1) may apply for a (2) over many years, the productivity and ices, monitoring, data collection, and other grant under this subsection for a fiscal year water quality of the Chesapeake Bay and its activities that support the Chesapeake Bay by submitting to the Administrator a com- watershed were diminished by pollution, ex- Program; prehensive proposal to implement manage- cessive sedimentation, shoreline erosion, the ‘‘(ii) developing and making available, ment mechanisms established under the impacts of population growth and develop- through publications, technical assistance, Chesapeake Bay Agreement. ment in the Chesapeake Bay watershed, and and other appropriate means, information ‘‘(B) CONTENTS.—A proposal under subpara- other factors; pertaining to the environmental quality and graph (A) shall include— (3) the Federal Government (acting living resources of the Chesapeake Bay eco- ‘‘(i) a description of proposed management through the Administrator of the Environ- system; mechanisms that the jurisdiction commits mental Protection Agency), the Governor of ‘‘(iii) in cooperation with appropriate Fed- to take within a specified time period, such the State of Maryland, the Governor of the eral, State, and local authorities, assisting as reducing or preventing pollution in the Commonwealth of Virginia, the Governor of the signatories to the Chesapeake Bay Chesapeake Bay and its watershed or meet- the Commonwealth of Pennsylvania, the Agreement in developing and implementing ing applicable water quality standards or es- Chairperson of the Chesapeake Bay Commis- specific action plans to carry out the respon- tablished goals and objectives under the sion, and the Mayor of the District of Colum- sibilities of the signatories to the Chesa- Chesapeake Bay Agreement; and bia, as Chesapeake Bay Agreement signato- peake Bay Agreement; ‘‘(ii) the estimated cost of the actions pro- ries, have committed to a comprehensive co- ‘‘(iv) coordinating the actions of the Envi- posed to be taken during the fiscal year. operative program to achieve improved ronmental Protection Agency with the ac- ‘‘(3) APPROVAL.—If the Administrator finds water quality and improvements in the pro- tions of the appropriate officials of other that the proposal is consistent with the ductivity of living resources of the Bay; Federal agencies and State and local au- Chesapeake Bay Agreement and the national (4) the cooperative program described in thorities in developing strategies to— goals established under section 101(a), the paragraph (3) serves as a national and inter- ‘‘(I) improve the water quality and living Administrator may approve the proposal for national model for the management of estu- resources in the Chesapeake Bay ecosystem; an award. aries; and and ‘‘(4) FEDERAL SHARE.—The Federal share of (5) there is a need to expand Federal sup- ‘‘(II) obtain the support of the appropriate an implementation grant under this sub- port for monitoring, management, and res- officials of the agencies and authorities in section shall not exceed 50 percent of the toration activities in the Chesapeake Bay achieving the objectives of the Chesapeake cost of implementing the management mech- and the tributaries of the Bay in order to Bay Agreement; and anisms during the fiscal year. meet and further the original and subsequent ‘‘(v) implementing outreach programs for ‘‘(5) NON-FEDERAL SHARE.—An implementa- goals and commitments of the Chesapeake public information, education, and participa- tion grant under this subsection shall be Bay Program. tion to foster stewardship of the resources of made on the condition that non-Federal (b) PURPOSES.—The purposes of this Act the Chesapeake Bay. sources provide the remainder of the costs of are— ‘‘(c) INTERAGENCY AGREEMENTS.—The Ad- implementing the management mechanisms (1) to expand and strengthen cooperative ministrator may enter into an interagency during the fiscal year. efforts to restore and protect the Chesapeake agreement with a Federal agency to carry ‘‘(6) ADMINISTRATIVE COSTS.—Administra- Bay; and out this section. tive costs shall not exceed 10 percent of the (2) to achieve the goals established in the ‘‘(d) TECHNICAL ASSISTANCE AND ASSIST- annual grant award. Chesapeake Bay Agreement. ANCE GRANTS.— ‘‘(7) REPORTING.—On or before October 1 of SEC. 3. CHESAPEAKE BAY. ‘‘(1) IN GENERAL.—In cooperation with the each fiscal year, the Administrator shall The Federal Water Pollution Control Act Chesapeake Executive Council, the Adminis- make available to the public a document is amended by striking section 117 (33 U.S.C. trator may provide technical assistance, and that lists and describes, in the greatest prac- 1267) and inserting the following: assistance grants, to nonprofit organiza- ticable degree of detail— March 2, 1999 CONGRESSIONAL RECORD — SENATE S2099 ‘‘(A) all projects and activities funded for source needs in the Chesapeake Bay eco- This section defines the terms ‘‘Adminis- the fiscal year; system; and trative Cost,’’ ‘‘Chesapeake Bay Agree- ‘‘(B) the goals and objectives of projects ‘‘(ii) locally based protection and restora- ment,’’ ‘‘Chesapeake Bay Ecosystem,’’ funded for the previous fiscal year; and tion programs or projects within a watershed ‘‘Chesapeake Bay Program,’’ ‘‘Chesapeake ‘‘(C) the net benefits of projects funded for that complement the tributary basin strate- Executive Council,’’ and ‘‘Signatory Juris- previous fiscal years. gies. diction.’’ ‘‘(f) FEDERAL FACILITIES AND BUDGET CO- ‘‘(h) STUDY OF CHESAPEAKE BAY PRO- (b) CONTINUATION OF CHESAPEAKE BAY PRO- ORDINATION.— GRAM.— GRAM ‘‘(1) SUBWATERSHED PLANNING AND RES- ‘‘(1) IN GENERAL.—Not later than April 22, This section provides authority for EPA to TORATION.—A Federal agency that owns or 2000, and every 5 years thereafter, the Ad- continue to lead and coordinate the Chesa- operates a facility (as defined by the Admin- ministrator, in coordination with the Chesa- peake Bay Program, in coordination with istrator) within the Chesapeake Bay water- peake Executive Council, shall complete a other members of the Chesapeake Executive shed shall participate in regional and sub- study and submit to Congress a comprehen- Council, and to maintain a Chesapeake Bay watershed planning and restoration pro- sive report on the results of the study. Liaison Office. grams. ‘‘(2) REQUIREMENTS.—The study and report The Chesapeake Bay Program Office is re- shall— ‘‘(2) COMPLIANCE WITH AGREEMENT.—The quired to provide support to the Chesapeake head of each Federal agency that owns or oc- ‘‘(A) assess the state of the Chesapeake Executive Council for implementing and co- Bay ecosystem; cupies real property in the Chesapeake Bay ordinating science, research, modeling, mon- ‘‘(B) assess the appropriateness of commit- watershed shall ensure that the property, itoring and other efforts that support the ments and goals of the Chesapeake Bay Pro- and actions taken by the agency with re- Chesapeake Bay Program. gram and the management strategies estab- spect to the property, comply with the The section requires the Chesapeake Bay lished under the Chesapeake Bay Agreement Chesapeake Bay Agreement, the Federal Program Office, in cooperation with Federal, for improving the state of the Chesapeake Agencies Chesapeake Ecosystem Unified State and local authorities, to assist Chesa- Bay ecosystem; Plan, and any subsequent agreements and peake Bay Agreement signatories in develop- ‘‘(C) assess the effectiveness of manage- plans. ing specific action plans, outreach efforts ment strategies being implemented on the ‘‘(3) BUDGET COORDINATION.— and system-wide monitoring, assessment and date of enactment of this section and the ex- ‘‘(A) IN GENERAL.—As part of the annual public participation to improve the water tent to which the priority needs are being budget submission of each Federal agency quality and living resources of the Bay. met; with projects or grants related to restora- (c) INTERAGENCY AGREEMENTS ‘‘(D) make recommendations for the im- tion, planning, monitoring, or scientific in- This section authorizes the Administrator proved management of the Chesapeake Bay vestigation of the Chesapeake Bay eco- of the EPA to enter into interagency agree- Program either by strengthening strategies system, the head of the agency shall submit ments with other Federal agencies to carry being implemented on the date of enactment to the President a report that describes out the purposes and activities of the Chesa- of this section or by adopting new strategies; plans for the expenditure of the funds under peake Bay Program Office. and (d) TECHNICAL ASSISTANCE AND ASSISTANCE this section. ‘‘(E) be presented in such a format as to be GRANTS ‘‘(B) DISCLOSURE TO THE COUNCIL.—The readily transferable to and usable by other This section authorizes the EPA Adminis- head of each agency referred to in subpara- watershed restoration programs. trator to provide technical assistance and as- graph (A) shall disclose the report under that ‘‘(i) SPECIAL STUDY OF LIVING RESOURCE sistance grants to nonprofit private organi- subparagraph with the Chesapeake Executive RESPONSE.— zations, State and local governments, col- Council as appropriate. ‘‘(1) IN GENERAL.—Not later than 180 days leges, universities, and interstate agencies. ‘‘(g) CHESAPEAKE BAY PROGRAM.— after the date of enactment of this section, (e) IMPLEMENTATION AND MONITORING ‘‘(1) MANAGEMENT STRATEGIES.—The Ad- the Administrator shall commence a 5-year GRANTS ministrator, in coordination with other special study with full participation of the The section authorizes the EPA to issue members of the Chesapeake Executive Coun- scientific community of the Chesapeake Bay grants to signatory jurisdictions for the pur- cil, shall ensure that management plans are to establish and expand understanding of the pose of monitoring the Chesapeake Bay eco- developed and implementation is begun by response of the living resources of the Chesa- system. signatories to the Chesapeake Bay Agree- peake Bay ecosystem to improvements in The section establishes criteria for propos- ment to achieve and maintain— water quality that have resulted from in- als and establishes limits on administrative ‘‘(A) the nutrient goals of the Chesapeake vestments made through the Chesapeake costs (no more than 10% of grant amount) Bay Agreement for the quantity of nitrogen Bay Program. and the allowable ‘‘Federal Share’’ (no more and phosphorus entering the Chesapeake Bay ‘‘(2) REQUIREMENTS.—The study shall— than 50% of total project cost). and its watershed; ‘‘(A) determine the current status and The EPA Administrator is required to ‘‘(B) the water quality requirements nec- trends of living resources, including grasses, produce a public document each year that essary to restore living resources in the benthos, phytoplankton, zooplankton, fish, describes all projects funded under this sec- Chesapeake Bay ecosystem; and shellfish; tion. ‘‘(C) the Chesapeake Bay Basinwide Toxins ‘‘(B) establish to the extent practicable the (f) FEDERAL FACILITIES AND BUDGET CO- Reduction and Prevention Strategy goal of rates of recovery of the living resources in ORDINATION reducing or eliminating the input of chemi- response to improved water quality condi- The Section requires Federal agencies that cal contaminants from all controllable tion; own or operate a facility within the Chesa- sources to levels that result in no toxic or ‘‘(C) evaluate and assess interactions of peake Bay watershed to participate in re- bioaccumulative impact on the living re- species, with particular attention to the im- gional and subwatershed planning and res- sources of the Chesapeake Bay ecosystem or pact of changes within and among trophic toration programs, and to ensure that feder- on human health; levels; and ally owned facilities are in compliance with ‘‘(D) habitat restoration, protection, and ‘‘(D) recommend management actions to the Chesapeake Bay Agreement. enhancement goals established by Chesa- optimize the return of a healthy and bal- The section establishes a mechanism for peake Bay Agreement signatories for wet- anced ecosystem in response to improve- budget coordination to ensure efficiency lands, riparian forests, and other types of ments in the quality and character of the across government programs. habitat associated with the Chesapeake Bay waters of the Chesapeake Bay. (f) CHESAPEAKE BAY PROGRAM ecosystem; and ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— This section directs the Administrator, in ‘‘(E) the restoration, protection, and en- There is authorized to be appropriated to consultation with other members of the Ex- hancement goals established by the Chesa- carry out this section $30,000,000 for each of ecutive Council, to ensure that management peake Bay Agreement signatories for living fiscal years 2000 through 2005.’’. plans are developed and implementation is resources associated with the Chesapeake begun by signatory jurisdictions to achieve Bay ecosystem. CHESAPEAKE BAY RESTORATION ACT OF 1999— and maintain: the Chesapeake Bay Agree- ‘‘(2) SMALL WATERSHED GRANTS PROGRAM.— SECTIONAL SUMMARY ment goals for reducing and capping nitro- The Administrator, in cooperation with the SECTION 1. SHORT TITLE gen and phosphorus entering the mainstem Chesapeake Executive Council, shall— This section establishes the title of the bill Bay; water quality requirements needed to ‘‘(A) establish a small watershed grants as the ‘‘Chesapeake Bay Restoration Act of restore living resources in the bay mainstem program as part of the Chesapeake Bay Pro- 1999.’’ and tributaries; the Chesapeake Bay gram; and SECTION 2. FINDINGS AND PURPOSE Basinwide Toxins Reduction and Prevention ‘‘(B) offer technical assistance and assist- This section states that the purpose of the Strategy goals; and the Chesapeake Bay ance grants under subsection (d) to local Act is to expand and strengthen the coopera- Agreement habitat restoration, protection, governments and nonprofit organizations tive efforts to restore and protect the Chesa- and enhancement goals are achieved. and individuals in the Chesapeake Bay re- peake Bay and to achieve the goals embodied This section also authorizes the EPA Ad- gion to implement— in the Chesapeake Bay Agreement. ministrator, in consultation with other ‘‘(i) cooperative tributary basin strategies SECTION 3. CHESAPEAKE BAY members of the Executive Council, to offer that address the water quality and living re- (a) DEFINITIONS the technical assistance and financial grants S2100 CONGRESSIONAL RECORD — SENATE March 2, 1999 assistance grants to local governments, non- the restoration of the Chesapeake Bay sys- peake Bay Commission, to commend you for profit organizations, colleges, and univer- tem. Reauthorization will strengthen an al- your endeavors to reauthorize the Chesa- sities to implement locally-based watershed ready successful Program and help support peake Bay Program through the introduc- protection and restoration programs or an increased level of effort. tion of the Chesapeake Bay Restoration Act projects that complement the Chesapeake The proposed increase in Federal support is of 1999. The Commission strongly supports Bay tributary basin strategy. already more than matched by state monies this legislation. We commit to you our re- (h) STUDY OF THE CHESAPEAKE BAY PRO- put into the recently created Virginia Water sources and expertise in working to secure GRAM Quality Improvement Fund. Since its cre- its passage. This section requires the Administrator ation in 1997 the Virginia General Assembly We believe that the cooperation of govern- and other members of the executive Council approves Governor Gilmore’s current legisla- ment at the federal, state and local level is, to study and evaluate the effectiveness the tive initiative, it will appropriate an addi- and will continue to be, essential to protect- Chesapeake Bay program management strat- tional $45.15 million for 1999. ing and restoring the Bay. Your bill helps to egies and to periodically (every 5 years) sub- We thank you for being the sponsor of this establish the blueprint and financial support mit a comprehensive report to Congress. bill, and we will assist in whatever way is ap- for that collaboration. (i) SPECIAL STUDY OF LIVING RESOURCES propriate to help ensure its passage by Con- We strongly support the small watershed RESPONSE gress. provisions of the bill. The health of the Bay The section requires the EPA Adminis- Very truly yours, depends on the cumulative effect of thou- trator to conduct a five-year study of the JOHN PAUL WOODLEY, JR. sands of daily decisions that either com- Chesapeake Bay and report to Congress on promise or improve water quality in our sub- the status of its living resources and to CITIZENS ADVISORY COMMITTEE TO watersheds. Offering community groups fi- make recommendations on management ac- THE CHESAPEAKE EXECUTIVE COUNCIL, nancial support and direct access to the tre- tions that may be necessary to ensure the February 22, 1999. mendous informational resources of the continued recovery of the Chesapeake Bay Senator PAUL SARBANES, Chesapeake Bay Program can only help them and its ecosystem. Senate Hart Office Building, to make environmentally-sound decisions. (j) AUTHORIZATION OF APPROPRIATIONS Washington, DC. We would also like to commend you for The section authorizes appropriations to DEAR SENATOR SARBANES: On behalf of the pursuing improved coordination of federal the Environmental Protection Agency of Citizens Advisory Committee to the Chesa- agency budgets. One of the great hallmarks $30,000,000 for each fiscal year from 2000 peake Executive Council (CAC), I would like of the Program is EPA’s close coordination through and including 2005. to express our appreciation for your leader- with the states in its expenditure of Bay ship in developing the draft Chesapeake Bay Program monies. The Act calls for each fed- STATE OF MARYLAND, Restoration Act. Provisions such as those eral agency with projects related to the OFFICE OF THE GOVERNOR, embodied in this proposed legislation are Chesapeake Bay ecosystem to submit a plan February 23, 1999. vital to building upon one of the most suc- detailing how the expenditure of these funds Hon. PAUL S. SARBANES, cessful partnerships ever assembled, involv- will proceed. This enhanced communication U.S. Senate, Washington, DC. ing every level of government and the pri- can only help to avoid unnecessary duplica- DEAR PAUL: Thank you for your continuing vate sector, to restore the health of an entire tion and cultivate cooperation among our to support environmental initiatives that ecosystem. federal partners. benefit Maryland citizens. You have long The Citizens Advisory Committee was cre- Finally, we are encouraged by your inclu- been a champion of our great Chesapeake ated by the Chesapeake Executive Council to sion of a special study to better relate the Bay, and an outstanding advocate for the represent residents and stakeholders of the health of our living resources to water qual- protection and restoration of all our State’s Chesapeake Bay watershed in the Bay res- ity improvements. Establishing better link- natural treasures. Your current proposed toration efforts. By serving as a link with ages will improve the public’s support of res- legislation to amend the Federal Water Pol- stakeholder communities in Maryland, toration efforts. lution Control Act to assist in restoration of Pennsylvania, Virginia and the District of Again and again you have proven yourself the Chesapeake Bay is just another example Columbia, CAC provides a non-governmental to be a tremendous leader for the Chesa- of how you have been able to translate your perspective on the Bay cleanup effort and on peake Bay restoration effort. We hope that concern into action. The work you have fa- how Bay Program policies affect citizens this legislation, with your support, will be cilitated through the Chesapeake Bay Pro- who live and work in the Chesapeake Bay enacted by the 106th Congress. gram has been an outstanding example of watershed. With gratitude, I remain interstate cooperation and progressive envi- The successes of the past twelve years in Sincerely yours, ronmental programs that have been invalu- restoring the health of the Bay are a direct ARTHUR D. HERSHEY, able to Maryland and Bay restoration. result of hard work, funding, and the dedi- Chairman. If we are to be successful in the next cen- cated commitment of the partners. Each and tury, we must look ahead and be ready to every one of these factors is essential to con- CHESAPEAKE BAY LOCAL face new challenges as well as continue to tinue fulfilling the long-term restoration GOVERNMENT ADVISORY COMMITTEE, meet the old ones. Your proposed legislation goals, particularly as the Bay Program part- Easton, MD, February 17, 1999. embodies that vision and therefore has my ners embrace a renewed Bay agreement in Hon. PAUL S. SARBANES, full support. Its content demonstrates your the next year. Reauthorization and enhance- Washington, DC. understanding of the needs of Maryland and ment of Bay Program legislation will signal DEAR SENATOR SARBANES: The Chesapeake the other states in the watershed. It also rec- to the states, local governments and citizens Bay Local Government Advisory Committee ognizes the critical role played by local gov- that the Congress and the federal govern- supports all efforts to sustain and enhance ernments and citizen groups. The legislation ment will continue to be a strong partner Chesapeake Bay Program activities through clearly moves the Bay cleanup in the direc- with them as they renew their commitment renewal of Federal legislation in the ‘‘Chesa- tion needed. In addition to my personal sup- to these goals and to a cleaner, healthier peake Bay Restoration Act of 1999.’’ port, the bill has been reviewed by the Mary- Chesapeake Bay. I am particularly encour- To date, the Chesapeake Bay Program has land Bay Cabinet and received its endorse- aged by the provisions to continue the Small made great strides in solidifying multijuris- ment as well. We are all eager to see the leg- Watershed Grant program which provides a dictional efforts to improve the condition of islation move forward and would be happy to mechanism for local groups and governments watershed resources in and around the Bay. assist you. to take an active, hands-on role in the Bay It has magnified the importance of continued Thank you again for taking this initiative. restoration activities. efforts to enhance water quality and to re- Should you require our assistance, you may The members of CAC look forward to work- store the living resources native to the Bay. contact John Griffin, Secretary, Department ing with you and the other members of Con- The Chesapeake Bay Program has elevated of Natural Resources at (410) 260–8101. gressional delegations from the Bay Program the role and importance of local govern- Sincerely, jurisdictions toward successful passage of ments participating not only in the Bay Pro- PARRIS N. GLENDENING, this legislation. Again, thank you for your gram, but in completing watershed restora- Governor. leadership. Please feel free to call upon CAC tion projects in their own jurisdiction. if there is any assistance that we can pro- On behalf of the Chesapeake Bay Local COMMONWEALTH OF VIRGINIA vide. Government Advisory Committee, I thank OFFICE OF THE GOVERNOR, Sincerely, you for your continuing leadership and com- February 23, 1999. ANDREW J. LOFTUS, mitment to the Bay Restoration effort. If Hon. PAUL S. SARBANES, Chair. there is any way that the Committee or its U.S. Senate, Washington, DC. staff can assist you, please don’t hesitate to DEAR SENATOR SARBANES: The Common- CHESAPEAKE BAY COMMISSION, call. wealth of Virginia supports the language of Annapolis, MD, February 19, 1999. Sincerely, the proposed Chesapeake Bay Restoration Hon. PAUL S. SARBANES, RUSS PETTYJOHN, Act, as shown in the attached copy dated U.S. Senate, Chairman, Chesapeake February 8, 1999. Washington, DC. Bay Local Govern- The cooperative Chesapeake Bay Program DEAR SENATOR SARBANES: I am writing, in ment Advisory Com- has been and will continue to be essential to my new capacity as Chairman of the Chesa- mittee. March 2, 1999 CONGRESSIONAL RECORD — SENATE S2101 LITITZ BOROUGH, organisms in tidal and non-tidal wet- integrated into the strategic plan. Mayor, Pennsylvania. lands and waters; to the Committee on While research into the exact causes of Environment and Public Works. toxic Pfiesteria blooms is imperative, ALLIANCE FOR THE CHESAPEAKE BAY, it is just as important that we take February 25, 1999. TOXIC MICROORGANISMS ABATEMENT PILOT PROJECT ACT early, aggressive, and concrete steps to Hon. PAUL S. SARBANES, U.S. Senate, Washington, DC. Mr. SARBANES. Mr. President, last prevent such blooms if we can. DEAR SENATOR SARBANES: On behalf of the Thursday’s Baltimore Sun reported This bill is designed to ensure that board of directors of the Alliance for the that Pfiesteria, a sometimes toxic all available expertise is brought to Chesapeake Bay, I am writing to you to ex- microorganism, has been found in five bear in combating these biotoxins. The press our support for your efforts to draft more Maryland rivers. The article ex- legislation would authorize the Army new legislation to reauthorize the Chesa- plained that new research is proving Corps of Engineers to conduct an eval- peake Bay Program. uation and to engage in pilot projects Your leadership has been vital over the what scientists have suspected since serious outbreaks of toxic Pfiesteria to develop tools and techniques for years in keeping congressional attention fo- combating Pfiesteria and other toxic cused on the work being conducted in Mary- first occurred in 1997—namely that land, Virginia and Pennsylvania to restore Pfiesteria exists in a wide area. While microorganisms. At the end of each the Bay. There is ample evidence that the the organism isn’t always toxic, the pilot project, the Army Corps of Engi- unique collaborative effort which was for- fact that it has been found in a wide neers will be required to submit a re- malized in the 1987 amendment to the Clean area coupled with the fact that it has port to Congress that describes the Water Act is producing positive results for proved injurious in the past, strongly project, its success, and the general ap- the Bay. It is also apparent that there is plicability of the methods used in the much left to do. The bill you have drafted supports the assertion that Pfiesteria poses a potential threat to the eco- project. adds some significant features to the Bay Because of its expertise in construc- nomic well-being of thousands of busi- Program; the increase in the authorization tion and watershed management, the level to $30 million will substantially en- nesses in the fishing, recreation, and Army Corps of Engineers has a vital hance the ability of the Bay partners to tourism industries along the east meet the needs of the Bay in the next dec- role to play in responding to the coast. threats posed by toxic microorganisms. ade. In 1997, Maryland, Virginia, and This legislation provides the funding We are conveying our support for the reau- North Carolina suffered from several thorization of the Bay Program to other and authority for the agency to do so. members of Congress from the Bay states in separate incidents that involved fish I ask unanimous consent that a copy the hope that all will join as co-sponsors. behaving in an erratic manner, a large of the bill and a copy of the Baltimore Again, thank you for your vigilance and number of fish with lesions, and fish Sun article be inserted in the RECORD. your vision with regard to the Bay. kills. State and outside scientists con- There being no objection, the mate- Sincerely, cluded that Pfiesteria was the most rial was ordered to be printed in the JOHN T. KAUFFMAN, likely cause of the problem. In Mary- RECORD, as follows: President. land, the fishing industry alone, lost S. 493 millions of dollars in revenue. CHESAPEAKE BAY FOUNDATION, Be it enacted by the Senate and House of Rep- March 3, 1999. In 1998, the magnitude of reported resentatives of the United States of America in Hon. PAUL S. SARBANES, Pfiesteria outbreaks was considerably Congress assembled, Washington, DC. less, however, we cannot become com- SECTION 1. SHORT TITLE. DEAR SENATOR SARBANES: I am writing to placent. The report in the Baltimore This Act may be cited as the ‘‘Toxic Micro- express the Chesapeake Bay Foundation’s Sun confirms that the 1997 Pfiesteria organism Abatement Pilot Project Act’’. support for the Chesapeake Bay Restoration outbreaks may not have been a one- SEC. 2. FINDINGS. Act of 1999. Although I realize that no single time phenomenon. We must begin to Congress finds that— piece of legislation can save the Chesapeake (1) effective protection of tidal and Bay, I believe this bill will help push the Bay safeguard the economy, both regional nontidal wetlands and waters of the United Program towards an increased effort to car- and national, from the impacts of States is essential to sustain and protect rying out the commitments made by the sig- Pfiesteria. ecosystems, as well as recreational, subsist- natories. Today, I am joined by my colleague ence, and economic activities dependent on I am particularly glad to see the section from Maryland, Senator MIKULSKI, and those ecosystems; enhancing the oversight and reporting re- my colleague from North Carolina, (2) the effects of increasing occurrences of sponsibilities of the Environmental Protec- Senator EDWARDS in introducing a bill, toxic microorganism outbreaks can ad- tion Agency. CBF has long felt that it is im- entitled the Toxic Microorganism versely affect those ecosystems and their de- pendent activities; portant for the Environmental Protection Abatement Pilot Project Act, which Agency to take a stronger leadership role in (3) the Corps of Engineers is uniquely assuring that the participants are held ac- would authorize the Army Corps of En- qualified to develop and implement engineer- countable for their commitments. gineers to begin developing tools and ing solutions to abate the flow of nutrients; I am also enthusiastic about the provisions techniques to abate the flow of nutri- (4) because nutrient flow abatement is a providing for a small watershed grant pro- ents into our waters and thereby pre- new challenge, it is desirable to have the gram. Restoration of the Bay’s essential vent or at least minimize the effects of Corps of Engineers conduct a series of pilot habitat—its forests, wetlands, oysters, and future toxic Pfiesteria outbreaks. projects to test technologies and refine tech- underwater grass beds—is a critical compo- In 1997, the Administration directed niques appropriate to nutrient flow abate- ment; and nent of the effort to save the Bay, and this that an interagency research and mon- legislation should help move that effort for- (5) since the States of Maryland, North ward. itoring strategy be developed in re- Carolina, and Virginia have recently experi- In summary, this legislation provides a sponse to the outbreaks of Pfiesteria in enced serious outbreaks of waterborne step forward for the Bay Program, and will the Chesapeake Bay. Several Federal microorganisms and there is a large store of help steer it in the right direction. I would agencies participated in the develop- scientific data about outbreaks in those like to thank you and your cosponsors for ment of this strategy including the Na- States, pilot projects in those States can be your efforts on behalf of this legislation and tional Oceanographic and Atmospheric effectively evaluated. on behalf of the Chesapeake Bay. Administration (NOAA), the Environ- SEC. 3. DEFINITIONS. Very truly yours, mental Protection Agency (EPA), the In this Act: WILLIAM C. BAKER, (1) SECRETARY.—The term ‘‘Secretary’’ President. Centers for Disease Control, and the means the Secretary of the Army, acting Departments of Interior and Agri- through the Chief of Engineers. By Mr. SARBANES (for himself, culture. Funding to implement the (2) STATE.—The term ‘‘State’’ means Mary- Ms. MIKULSKI, and Mr. ED- plan was included in the fiscal 1998 and land, North Carolina, and Virginia. WARDS): 1999 budgets. Unfortunately, the key (3) TOXIC MICROORGANISM.—The term ‘‘toxic S. 493. A bill to require the Secretary federal agency with expertise in habi- microorganism’’ means Pfiesteria piscicida of the Army, acting through the Chief tat maintenance, water resources and and any other potentially harmful aquatic of Engineers, to evaluate, develop, and engineering principles—the Army dinoflagellate. SEC. 4. PILOT PROJECTS FOR AQUATIC HABITAT implement pilot projects in Maryland, Corps of Engineers—was not included REMEDIATION. Virginia, and North Carolina to address in the interagency task force and the (a) IN GENERAL.—Not later than 1 year problems associated with toxic micro- agency’s unique qualifications were not after the date of enactment of this Act, the S2102 CONGRESSIONAL RECORD — SENATE March 2, 1999 Secretary shall evaluate, develop, and imple- said, ‘‘and what she has done is to confirm ticoke, Wicomico, Manokin, Big Annemessex ment a pilot project in each State (on a wa- our suspicion.’’ and Pocomoke, all flowing into the Chesa- tershed basis) to address and control prob- A spokesman for the Maryland Coastal peake Bay on the Eastern Shore; and the St. lems associated with the degradation of eco- Bays Program said the finding of Pfiesteria Martin, which flows into Assawoman Bay systems and their dependent activities re- cells in local waters was ‘‘not surprising, but near Ocean City, and Trappe Creek, which sulting from toxic microorganisms in tidal it is worrisome at the very least.’’ enters Chincoteague Bay near Assateague Is- and nontidal wetlands and waters. ‘‘My guess is that Pfiesteria being there, as land National Seashore. (b) REPORT.—Not later than 1 year after long as it isn’t toxic in the real world, is not In the first 30 samples, Burkholder found the completion of the pilot project under that harmful,’’ said Dave Wilson Jr., a Pfiesteria piscicida in concentrations high subsection (a), the Secretary shall submit to spokesman for the coastal bays conservation enough to kill fish in the Big Annemessex, Congress a report describing— effort. ‘‘Hopefully, people will understand Chicamacomico, Pocomoke, and St. Martin. (1) the pilot project; and that Pfiesteria is not running rampant in the She found the same organism on the (2) the findings of the pilot project, includ- coastal bays, but it does have the potential Wicomico, but the cells did not kill fish in ing a description of the relationship between to do so.’’ her laboratory. In Trappe Creek, she found a the findings and the applications of the tools The aquatic organism has been found in dinoflagellate that did not kill fish and has and techniques developed under the pilot coastal waters from New Jersey to Georgia, not been identified. project. but it causes fish kills or human illnesses Burkholder and other experts stressed that (c) FEDERAL AND NON-FEDERAL SHARES.— only when conditions are just right or just there have been no recent fish kills or signs (1) FEDERAL SHARE.—The Federal share of wrong, Burkholder said. that people have gotten sick at the sites the cost of evaluating, developing, and im- Pfiesteria ‘‘is probably all over the bay,’’ where DNR workers took the Pfiesteria-in- plementing a pilot project under subsection said Burkholder, who presented preliminary fested samples in October and November. (a) shall be 75 percent. findings to Maryland officials at a two-day The Patuxent, Potomac, Chester and Choptank turned up no traces of Pfiesteria, (2) NON-FEDERAL SHARE.—The non-Federal scientific meeting of Pfiesteria experts near but Burkholder said she has about 70 more share of the cost of evaluating, developing, Baltimore-Washington International Airport sediment samples waiting to be analyzed, and implementing a pilot project under sub- yesterday. ‘‘It’s just that most of the time and expects to find signs of the microorga- section (a) shall be provided in the form of— it’s going to be pretty benign.’’ nism in at least some of them. (A) cash; WEATHER AS A FACTOR (B) in-kind services; RHODE RIVER DISCOVERY Experts say Pfiesteria seems most likely (C) materials; or Another marine scientist discovered to multiply, attack fish and sicken people in (D) the value of— Pfiesteria almost by accident in the Rhode warm, shallow, still waters that are a mix of (i) land; River south of Annapolis this fall. fresh and salt, are rich in nutrients—like the (ii) easements; Park Roblee of the University of North pollutants that come from human sewage, (iii) rights-of-way; or Carolina has developed a test that can spot animal manure or farm fertilizer—and also (iv) relocations. Pfiesteria in the water, but he cannot tell rich in fish, especially oily fish like menha- (d) LOCAL COOPERATION AGREEMENTS.—Sub- whether the organism is in its toxic stage. ject to subsection (c), in carrying out this den. Weather also plays a role, but scientists He told scientists at this week’s meeting section, the Secretary shall enter into local aren’t certain what it is. that he got samples from the Rhode River cooperation agreements with non-Federal Maryland experts think unusual weather expecting them to be Pfiesteria-free but to entities under which the Secretary shall pro- patterns, combined with high nutrient lev- his surprise they came up positive. Again, vide financial assistance to implement ac- els, helped trigger significant Pfiesteria out- there were no signs of a fish kill in the area. tions taken to carry out pilot projects under breaks in the Pocomoke River and two other Roblee said workers from his laboratory this section. Eastern Shore waterways in 1997. The three traveled the coast from New Jersey to Flor- (e) IMPLEMENTATION.—The Secretary shall waterways were closed, and 13 people were ida, taking water samples ‘‘basically wher- carry out this section in cooperation with— diagnosed with memory loss and confusion ever I–95 crossed a river or stream that (1) the Secretary of the Interior; after being on the water during the out- flowed into an estuary.’’ The samples showed (2) the Secretary of Agriculture; breaks. signs of Pfiesteria at eight out of 100 sites, (3) the Administrator of the Environ- Researchers think a different set of weath- he said. In other findings reported yesterday, Uni- mental Protection Agency; er quirks helped limit Pfiesteria to three versity of Maryland researcher David Oldach (4) the Administrator of the National Oce- small incidents last year, none of which said no signs of serious illness were found in anic and Atmospheric Administration; killed fish or caused confirmed cases of 1998, the first year of a five-year study of (5) the heads of other appropriate Federal, human illness. people who might come in contact with State, and local government agencies; and A spokesman for Gov. Parris N. Pfiesteria. Oldach said 90 Eastern Shore (6) affected local landowners, businesses, Glendening, who pushed for controversial watermen and 25 people who don’t work near and commercial entities. controls on farm runoff after the 1997 inci- the water have volunteered for the study and (e) AUTHORIZATION OF APPROPRIATIONS.— dents, said Burkholder’s latest findings show There is authorized to be appropriated to that action was justified. undergone testing. carry out this section $5,000,000. ‘‘What they point to is that this is not a one-time phenomenon,’’ said Ray Feldmann By Mr. GRAHAM (for himself, [From the Baltimore Sun, Feb. 25, 1999] of the governor’s office. ‘‘We cannot take a Mr. GRASSLEY, Mr. ROTH, Mr. bury-our-heads-in-the-sand approach to the PFIESTERIA FOUND IN 5 MD. RIVERS—PRES- MOYNIHAN, Mr. CHAFEE, Mr. phenomenon we saw in the summer of 1997. ENCE WIDESPREAD IN RIVERS, STREAMS BUT ROCKEFELLER, Mr. MACK, Mr. We still need to be concerned about this. NOT ALWAYS HARMFUL BREAUX, Mr. KERREY, Ms. MI- ‘‘We’re encouraged that we’ve got a plan in KULSKI, Mr. BRYAN, Mr. HOL- NO ‘‘ONE-TIME PHENOMENON’’ place that has the potential for helping to TOXIC MICROORGANISM DETECTED FOR FIRST hold off future outbreaks.’’ LINGS, Mr. INOUYE, Mr. HARKIN, TIME IN OCEAN CITY AREA Burkholder, a North Carolina State Uni- Mr. BAYH, and Mr. ROBB): (By Heather Dewar) versity researcher who helped discover S. 494. A bill to amend title XIX of New research is proving what scientists Pfiesteria in the late 1980s, said Maryland the Social Security Act to prohibit long suspected: that the toxic microorga- waters do not seem to be as prone to toxic transfers or discharges of residents of nism Pfiesteria piscicida lives in many outbreaks as the waters of North Carolina, nursing facilities as a result of a vol- Maryland rivers and streams, even though it which has experienced 88 Pfresteria-related untary withdrawal from participation doesn’t always kill fish or make people sick. fish kills in the past eight years. in the Medicaid program; to the Com- Pfiesteria expert Dr. JoAnn Burkholder The latest finding ‘‘tells me that Chesa- mittee on Finance. has found the dangerous dinoflagellates in peake Bay is not ideal for toxic Pfiesteria, samples taken from the bottom muck of five but you have the potential to go a lot more NURSING HOME RESIDENT PROTECTION Maryland waterways, including two where it toxic unless you take appropriate pre- AMENDMENTS OF 1999 had not been found before. One of those wa- cautions,’’ Burkholder said. ‘‘Do you want to Mr. GRAHAM. Mr. President, I would terways, the St. Martin River, flows into the be a center for toxic outbreaks, or do you like to take this opportunity to com- state’s coastal bays west of Ocean City. not?’’ mend Senator GRASSLEY, Chairman It was the first time the toxic microorga- The preliminary results are part of a study ROTH and Senator MOYNIHAN for their nism had turned up in a river that flows to- for the DNR, which is trying to map the ex- bipartisan commitment to protect our ward the Atlantic Coast tourist mecca, tent of Pfiesteria in Maryland waters. nation’s seniors from indiscriminate In October and November, when the though it has not caused any known fish dumping by their nursing homes. I kills or human illnesses there, said David dinoflagellate is usually burrowed into bot- Goshorn of the Maryland Department of Nat- tom mud, DNR workers took 100 sediment would like to request that their state- ural Resources. samples from 12 rivers. They were the Patux- ments be added to the RECORD. ‘‘We have suspected all along that ent and Potomac on the Western Shore; the The Nursing Home Residential Secu- Pfiesteria is pretty widespread,’’ Goshorn Chester, Choptank, Chicamacomico, Nan- rity Act of 1999 has the support of the March 2, 1999 CONGRESSIONAL RECORD — SENATE S2103 nursing home industry and senior citi- ernments are no longer allowed to pay Care Association to the Nursing Home Pro- zen advocates. It is with their support the affected residents’ bills. They can tection Amendments of 1999, which you in- that we encourage the Senate to take then be conveniently and troduced as S. 2308 last year and plan to re- action on this important piece of legis- unceremoniously dumped for—you introduce this year. This legislation helps to lation. I also have letters of support ensure a secure environment for residents of guessed it—their inability to pay. nursing facilities which withdraw from the from the American Health Care Asso- Nursing home evictions have a dev- Medicaid program. ciation, the National Seniors Law Cen- astating effect on the health and well- We know firsthand that a nursing facility ter, and the American Association for being of some of society’s most vulner- is one’s home, and we strive to make sure Retired Persons which I will include in able members. A recent University of resident are healthy and secure in their the RECORD. Southern California study indicated home. We strongly support the clarifications Mr. President, last year, it looked that those who are uprooted from their your bill will provide to both current and fu- like 93-year-old Adela Mongiovi might homes undergo a phenomenon knows as ture nursing facility residents, and do not have to spend her 61st Mother’s Day believe residents should be discharged be- ‘‘transfer trauma.’’ For these seniors, cause of inadequacies in the Medicaid pro- away from the assisted living facility the consequences are stark. The death gram. that she had called home for the last rate among these seniors is two to The bill addresses a troubling symptom of four years. Her son Nelson and daugh- three times higher than that for indi- what could be a much larger problem. The ter-in-law Geri feared that they would viduals who receive continuous care. desire to end participation in the Medicaid have to move Adela when officials at Those of us who believe that our program is a result of the unwillingness of the Rehabilitation and Healthcare Cen- mothers, fathers, and grandparents are some states to adequately fund the quality ter of Tampa told them that their Alz- safe because Medicaid affects only low- of care that residents expect and deserve. heimer’s Disease-afflicted mother Thus, some providers may opt out of the pro- income Americans need to think again. gram to maintain a higher level of quality would have to be relocated so that the A three year stay in a nursing home than is possible when relying on inadequate nursing home could complete ‘‘renova- can cost upwards of $125,000. As a re- Medicaid rates. Nursing home residents tions.’’ sult, nearly half of all nursing home should not be the victims of the inadequacies As the Mongiovis told me when I met residents who enter as privately-paying of their state’s Medicaid program. with them and visited their mother in patients exhaust their personal savings In 1996, the Congress voted to retain all Tampa last April, the real story far ex- and lose health insurance coverage dur- standards for nursing facilities. We support ceeded their worst fears. The sup- those standards. In 1997, Congress voted sepa- ing their stay. Medicaid becomes many rately to eliminate requirements that states posedly temporary relocation was actu- retirees’ last refuge of financial sup- ally a permanent eviction of all 52 resi- pay for those standards. These two issues are port. inextricably linked, and must be considered dents whose housing and care were paid On April 19, 1998, the Florida Medic- together. We welcome the opportunity to for by the Medicaid program. Ms. aid Bureau responded to evidence of have this debate as Congress moves forward Mongiovi passed away during the holi- Medicaid dumping in Tampa by levying on this issue. day season and I send my heartfelt con- a steep $260,000 fine against the Tampa Again, we appreciate the chance to work dolences to her family. nursing home. That was a strong and with you to provide our residents with qual- The nursing home chain which owns ity care in a home-like setting that is safe appropriate action, but it was only a and secure. We also feel that it would be the Tampa facility and several others partial solution. Medicaid funding is a across the United States wanted to most effective when considered in the con- shared responsibility of states and the purge its nursing homes of Medicaid text of the relationship between payment federal government. and quality and access to care. residents, ostensibly to take more pri- While the most egregious incident Finally, we greatly appreciate the inclu- vate insurance payers and Medicare occurred in Florida, Medicaid dumping sive manner in which this legislation was beneficiaries which pay more per resi- is not just a Florida problem. Nursing crafted, and strengthened. When the views of dent. homes which were once locally-run and consumers, providers, and regulators are This may have been a good financial considered together, the result, as with your family-owned are increasingly adminis- decision in the short run, however, its bill, is intelligent public policy. tered by multi-state, multi-facility effects on our nation’s senior citizens, We look forward to working with you to corporations that have the power to af- if practiced on a widespread basis, further clarify Medicaid policy and preserve our ability to provide the best care and secu- would be even more disastrous. fect seniors across the United States. Mr. President, let me also point out rity for our residents. In an April 7, 1998, Wall Street Jour- Sincerely yours, nal article, several nursing home ex- that the large majority of nursing homes in America treat residents well BRUCE YARWOOD, ecutives argued that state govern- Legislative Counsel. ments and Congress are to blame for and are responsible community citi- zens. Our bill is simple and fair and de- these evictions because they have set NATIONAL SENIOR CITIZENS Medicaid reimbursements too low. signed to prevent future abuses by bad LAW CENTER, While Medicaid payments to nursing actors. It would prohibit current Med- Washington, DC, February 3, 1999. homes may need to be revised, playing icaid beneficiaries or those who ‘‘spend Senator BOB GRAHAM, Russian roulette with elderly patients’ down’’ to Medicaid from being evicted Washington, DC. from their homes. DEAR SENATOR GRAHAM: Last spring, the lives is hardly the way to send that Vencor Corporation began to implement a message to Congress. And while I am Adele Mongiovi was not just a ‘‘bene- ficiary.’’ She was also a mother and policy of withdrawing its nursing facilities willing to engage in a discussion as to from participation in the Medicaid program. the equity of nursing home reimburse- grandmother. To Ms. Mongiovi, the Re- The abrupt, involuntary transfer of large ment rates, my colleagues and I are habilitation and Health Care Center of numbers of Medicaid residents followed. Al- not willing to allow nursing home fa- Tampa was not just an ‘‘assisted living though Vencor reversed its policy, in light of cilities to dump patients indiscrimi- facility’’—it was her home. Congressional concern, state agency action, nately. Mr. President, let us provide security and adverse publicity, the situation high- The fact that some nursing home and peace of mind for all of our na- lighted an issue in need of an explicit federal legislative solution—the rights of Medicaid companies are willing to sacrifice el- tion’s seniors and their families. Mr. President, I ask unanimous consent residents to remain in their home when their derly Americans for the sake of their nursing facility voluntarily ceases to par- bottom-line is bad enough. What is that letters of support for the bill be ticipate in the federal payment program. even worse is their attempt to evade printed in the RECORD. I supported the legislation you introduced blame for Medicaid evictions. The There being no objection, the mate- in the last Congress and have read the draft starkest evidence of this shirking of re- rial was ordered to be printed in the bill that you will introduce to address this sponsibility is found in the shell game RECORD, as follows: issue in this session. The bill protects resi- many companies play to justify evic- AMERICAN HEALTH CARE ASSOCIATION, dents who were admitted at a time when Washington, DC, February 3, 1999. their facility participated in Medicaid by tions. Current law allows nursing Hon. BOB GRAHAM, prohibiting the facility from involuntarily homes to discharge patients for inabil- U.S. Senate, transferring them later when it decides to ity to pay. Washington, DC. discontinue its participation. As you know, If a facility decreases its number of DEAR SENATOR GRAHAM: I am writing to many people in nursing facilities begin their Medicaid beds, state and federal gov- lend the support of the American Health residency paying privately for their care and S2104 CONGRESSIONAL RECORD — SENATE March 2, 1999 choose the facility in part because of prom- Under such circumstances, only private-pay to inform new residents that if they ises that they can stay when they exhaust patients have real choice among nursing spend down to Medicaid, they are enti- their private funds and become eligible for homes. Medicaid patients are often forced to tled to discharge or transfer them to Medicaid. In essence, your bill requires the choose a home that they would not have oth- another facility. facility to honor the promises it made to erwise chosen, despite concerns about its these residents at the time of their admis- quality of care or location. This legislation is an important step sion. It continues to allow facilities to with- Under the proposed legislation, govern- in protecting these frail individuals. draw from the Medicaid program, but any ment survey, certification, and enforcement People move into nursing homes for withdrawal is prospective only. All current authority would continue, even after the fa- around-the-clock health care in a safe residents may remain in their home. cility withdraws from the Medicaid program, environment. The last thing they ex- This bill gives peace of mind to older peo- and the facility would be required to con- pect is to be put out on the street. ple and their families by affirming that their tinue to comply with it. The bill also pro- That’s also the last thing they deserve. Medicaid-participating facility cannot aban- tects prospective residents by requiring oral This bill prevents residents from get- don them if it later voluntarily chooses to and written notice that the nursing home end its participation in Medicaid. has withdrawn from the Medicaid program. ting hurt if their nursing home pulls The National Senior Citizens Law Center Thus, the prospective nursing home resident out of Medicaid and ensures that peo- supports this legislation. We look forward to would be given notice that the home would ple know their rights up front, before working with your staff on this legislation be permitted to transfer or discharge a new they enter a facility. and on other bills to protect the rights and resident at such time as the resident is un- This commonsense proposal has also interests of nursing facility residents and able to pay for care. been introduced in the House of Rep- other older people. In particular, we suggest Access to quality nursing homes has been resentatives by Congressman BILIRAKIS that you consider legislation addressing a re- a long-standing and serious concern for lated issue of concern to Medicaid bene- AARP. It is an issue that affects, in a real where it has received strong bipartisan ficiaries and their families—problems of way, our members and their families. The support. I encourage my colleagues in nursing facilities’ discriminatory admissions current patchwork system of long-term care the Senate to cosponsor this worth- practices. forces many Americans to spend down to pay while proposal. And, I look forward to Many facilities limit the extent of their for expensive nursing home care. Therefore, the passage of this resolution this year. participation in the Medicaid program by it is unfair to penalize such order, frail nurs- Mr. ROTH. Mr. President, today, I certifying only a small number of beds for ing home residents who must rely on Medic- am pleased to join with Senator MOY- Medicaid. As a consequence of their limited aid at a critical time in their lives. NIHAN, Senator GRAHAM, and Senator participation in the Medicaid program, they Again, thank you for your leadership on discriminate against program beneficiaries this issue. If we can be of further assistance, GRASSLEY to introduce important leg- by denying them admission. In addition, please give me a call or have your staff con- islation to protect some of our most residents who pay privately and become eli- tact Maryanne Keenan of our Federal Affairs vulnerable citizens—nursing home resi- gible for Medicaid during their residency in staff at (202) 434–3772. dents. Our bill will keep nursing home the facility because of the high cost of nurs- Sincerely, residents who rely on Medicaid from ing facility care are also affected by limited HORACE B. DEETS. being ‘‘dumped’’ out of the facility bed, or distinct part, certification. Once such Mr. GRASSLEY. Mr. President, they call home, should that facility de- residents become impoverished and need to today I am pleased to join Senators cide to drop participation in the Medic- rely on Medicaid to help pay for their care, they are often told that ‘‘no Medicaid beds GRAHAM, ROTH, and MOYNIHAN in intro- aid program. are available’’ and that they must move. Fa- ducing legislation that will be an im- The problem we will solve with this cilities engage in other practices that dis- portant step in safeguarding our most bill does not occur often. In fact, near- criminate against people who need to rely on vulnerable citizens. The Nursing Home ly 90 percent of all nursing homes par- Medicaid for their care. We would be happy Residential Security Act of 1999 will ticipate in the Medicaid program. Pull- to work with your staff in developing legisla- protect nursing home residents who are outs are very rare and usually result tive solutions to these concerns. covered by Medicaid from being thrown from facilities deciding to close. But Thank you for your work and leadership on out of a facility to make room for a when a still-functioning facility de- these important issues. Sincerely, more lucrative, private-pay patient. cides to stop serving Medicaid clients, TOBY S. EDELMAN. It is hard to believe that a facility our bill will ensure that current resi- would uproot a frail individual for the dents do not find themselves pushed AARP sole purpose of a few extra dollars. out of the place they view as home. Washington, DC, February 25, 1999. However, in the past year there have Recently, Medicaid beneficiaries in Hon. BOB GRAHAM, been documented cases of Medicaid facilities in Indiana and Florida found U.S. Senate, beneficiaries who have been at risk of themselves in precisely this horrible Washington, DC being forced to leave a facility based situation. They were forced out of DEAR SENATOR GRAHAM: AARP appreciates your leadership in sponsoring the Nursing solely on reimbursement status. The nursing homes that decided to drop Home Residential Security Act of 1999, a bill result is often severe trauma and a participation in the Medicaid program. that protects low-income nursing home resi- mortality rate that is two to three Residents’ well-being was disrupted dents from discharge when a nursing home times higher than other nursing home and families were forced to scramble to withdraws from the Medicaid program. residents. This is no way to treat our develop other care alternatives. Across the country, some nursing home op- elderly. Our new legislation, and H.R. 540, its erators have been accused of dumping Medic- I want to make it clear that these companion bill in the House, will pro- aid residents—among the most defenseless of all health care patients. As with similar situations are rare. The vast majority tect current residents from displace- complaints about hospitals and physicians, of nursing homes are compassionate ment. The bill simply requires that fa- these violations can be serious threats to and decent facilities. My state of Iowa cilities withdrawing from the Medicaid people’s health and safety. Yet, federal and has been privileged to have many nurs- program continue to care for current state governments have been limited to their ing homes that stand as models of residents under the terms and condi- oversight and enforcement capacities. This quality care. Unfortunately, a few bad tions of the Medicaid program until bill would establish clear legal authority to apples can damage the reputation of an those residents no longer require care. prevent inappropriate discharges, even when entire industry. That is why I am Facilities would essentially phase- a nursing home withdraws from the Medicaid program. AARP believes that this is an im- pleased that this bipartisan legislation down participation in Medicaid rather portant and necessary step in protecting ac- has the support of the nursing home in- than dropping from the program over- cess to nursing homes for our nation’s most dustry as well as senior citizens’ advo- night. vulnerable citizens. cates. Both the nursing home industry and This bill offers important protections be- This commonsense proposal would senior citizens’ advocates support our cause of the documented that Medicaid pa- prevent nursing homes who have al- legislation. This is a common sense, tients face, especially people seeking nursing ready accepted a Medicaid patient from good-government bill that will enhance home care. For years, there has been strong evicting or transferring the patient evidence demonstrating that people who are the peace of mind of low-income elder- eligible for Medicaid have a harder time based solely on payment status. Nurs- ly and disabled individuals. gaining entry to a nursing home than do pri- ing homes would still be entitled to de- I applaud the House Conference Com- vate payers. In some parts of the country, cide who gains access to their facili- mittee for having already held a hear- there is a shortage of nursing home beds. ties, however, they would be required ing on H.R. 540, and Representatives March 2, 1999 CONGRESSIONAL RECORD — SENATE S2105

BILIRAKIS and DAVIS are to be con- assets and income to determine when funds to specific improvement pro- gratulated for their leadership on this the individual will likely spend down grams, like railroad crossings and pro- important issue. As we introduce our his or her resources before requiring grams on drunk driving. But highway bill in the Senate today, I would like to Medicaid coverage. safety is also an issue when it comes to particularly thank Senator BOB The larger dilemma still exists. We road conditions. GRAHAM, whose commitment to this need a system that both covers our In my own State of Missouri, I can legislation has been pivotal. Working frail elderly in nursing homes after tell you that highway fatality rates are with him, Senator MOYNIHAN, Senator they spend themselves into poverty due higher than the national average be- GRASSLEY, and other original Finance to nursing home costs and ensures that cause roads are more dangerous. In the Committee cosponsors Senators nursing homes can stay in business in period 1992 to 1996, 5,279 people died on CHAFEE, MACK, ROCKEFELLER, BREAUX, order to provide such services. Missouri highways. Nationally, Federal BRYAN, and KERREY, I look forward to Momentum is moving behind this Highways estimates that road condi- taking up the bill up in our committee. legislation. Our bill enjoys bipartisan tions are a factor in about 30 percent of Mr. MOYNIHAN. Mr. President, I am support in Congress as well as support traffic fatalities. Well, I believe that pleased to join my colleagues Senators from the nursing home industry and figure is higher in Missouri, because I GRAHAM, ROTH and GRASSLEY in intro- advocates. On the Senate side, we in- have been on the narrow two-lane ducing this legislation—the Nursing troduce this bill today with a total of roads and have seen the white crosses Home Residential Security Act of 1999. 15 sponsors. Last week, the House Com- where people have died. It is a modest modification providing merce Subcommittee on Health and Highway improvements, such as an enormous protection for nursing Environment held a hearing on this wider lanes and shoulders, adding or home residents. legislation. Chairman ROTH and I are improving medians, and upgrading The situation today is as follows. committed to marking up this bill in roads from two lanes to four lanes can Frail elderly individuals who require our Committee in the near future. I reduce traffic fatalities and accidents. nursing home care are faced with costs commend Senator GRAHAM for his lead- The Secretary can grant exemptions of $40,000 to $50,000 on average per year. ership in initiating this proposal, and from the current law to allow a project These sums quickly deplete family sav- urge its early adoption. to go forward, but he can also deny ings. As a result, about two-thirds of them. I have a problem with the Gov- nursing home residents at some point By Mr. BOND (for himself, Mr. ernment, the Federal Government, spend down their assets and require the ASHCROFT, and Mr. INHOFE): micromanaging a State’s transpor- assistance of Medicaid coverage. Be- S. 495. A bill to amend the Clean Air tation plan. cause Medicaid typically has low reim- Act to repeal the highway sanctions; to The law also says the State will have to submit data to justify that the bursement rates, nursing homes, in the Committee on Environment and ‘‘principal purpose of the project is an turn, must carefully balance their fi- Public Works. improvement in safety.’’ Tell that to nances by screening which patients to LEGISLATION TO REPEAL CLEAN AIR ACT TO the grandmother who has lost her accept, limiting the number of Medic- REPEAL THE HIGHWAY SANCTIONS granddaughter on a stretch of highway. aid residents. When nursing homes can Mr. BOND. Mr. President, the pur- She will never go to the prom, because no longer operate with low Medicaid pose of this bill is simple and clear. The only thing the bill does is to repeal she was killed on that highway. rates, they may choose to reduce the I would argue that highway construc- the highway sanction provisions in the number of beds available for Medicaid tion and improvements are almost al- Clean Air Act. residents or no longer participate in ways a matter of safety and that to I want to start by saying that I know the Medicaid program altogether. have to seek an exemption is an unnec- what the so-called environmental com- What, then, happens to the residents essary and inappropriate delay. Any munity is going to say. Actually, they who depend on Medicaid to cover their further delay imposed by the Federal have already said it. I recall a press re- nursing home costs? The Wall Street Government on highway projects which lease that said, ‘‘Another smoggy Journal first reported on April 7 of last are necessary for safety is unaccept- stealth attack is in the works,’’ and year what has occurred: Vencor Inc., able. with the nation’s largest nursing home ‘‘sharpening the dirty-air knives.’’ Second, taking away or imposing any chain of 310 facilities, decided to with- Well, that sounds fancy and exciting, kind of delay on highway funding does draw participation in the Medicaid pro- but it is just flat wrong. nothing to improve air quality or to re- gram. Residents covered by Medicaid Mr. President, I ask you, where is the duce congestion. According to the were so notified and told they would common sense? I do not want dirty air. American Association of State High- have to leave the nursing homes—their And I do not think anybody in this way and Transportation Officials, homes. room, in this body, wants dirty air. But ‘‘Congestion damages air quality, in- Industry analysts had predicted that any attempt to change the status quo creases travel times, costs an esti- some other companies may follow gets some spinmeisters at work. mated $43 billion annually in delays in Vencor’s lead in jettisoning Medicaid Let me explain where there is a real the country’s 50 largest urban areas, residents. For example, Renaissance problem. There is a provision in the and generates additional delay costs in Healthcare Corp. withdrew from Medic- Clean Air Act that allows the EPA Ad- rural and suburban areas.’’ aid the year before due to rising ex- ministrator, with the approval of the Some will argue, ‘‘If you build it, penses. Secretary of Transportation, to halt they will come.’’ That normally applies The evictions in Vencor’s Indiana highway funding for a nonattainment to baseball diamonds, but they are and Florida nursing homes caused area. For instance, if a State does not talking about highways. I am not deny- panic among residents and their fami- have an approved clean air plan, after a ing that there is some truth to that, lies, and aggravated some patients’ certain period of time sanctions apply, but congestion already exists. They are frail medical conditions. In all, it was a and those sanctions include halting already there. People in our State and wrenching experience for residents and highway funding. Now, transit funding rural Missouri are driving, and they their families. can continue and bike path money can are driving on narrow highways be- Our legislation is a small modifica- go forward. There is also a ‘‘safety’’ ex- cause they have to. There are no trol- tion amid an otherwise larger problem. emption where the Secretary of Trans- leys; there are no regularly scheduled The bill would merely protect current portation determines that a ‘‘project is buses. Halting or delaying funds to ad- Medicaid residents in nursing homes an improvement in safety to resolve a dress the problem is inappropriate. from evictions if their nursing home demonstrated safety problem and like- I think the cliche, ‘‘Pay now or pay decides to withdraw from the Medicaid ly will result in a significant reduction more later,’’ is appropriate. What we program. Nursing homes will be able to in, or avoidance of, accidents.’’ would be ‘‘paying’’ for is potentially continue to screen patients for accept- I have several problems with that the loss of life, loss of economic oppor- ance into their facility. The screening provision. tunities, and the loss of convenience process is quite sophisticated and in- First, highway funding is a matter of for the traveling public. Isn’t this an cludes collection of information about safety. We dedicate transportation issue of quality of life? I think so. S2106 CONGRESSIONAL RECORD — SENATE March 2, 1999 Third, the Highway Trust Fund is funding for his or her State’s highway for health services; and collect and dis- supported by highway users for high- needs who would support actions to seminate data about inquiries, prob- way construction and maintenance. It take that funding away, especially in a lems and grievances handled by the is a dedicated tax for a dedicated pur- frivolous lawsuit by a group with a dif- consumer assistance program. pose. The people of Missouri are paying ferent agenda, with different priorities This program has been championed highway fund taxes and not getting a than the citizens of the State who are by Ron Pollack of Families USA and full dollar back for their highways. paying in the money. If this provision Beverly Malone of the American And to take away some of the money of law is left in place, what is happen- Nurses Association, who served as that they have put in because of to- ing in Missouri could happen else- members of the President’s Commis- tally unrelated concerns is inappropri- where. Highway sanctions are in place sion on Quality, as well as numerous ate as a punitive sanction. for Helena, MT, and a situation is de- other consumer advocates. The 105th Congress spent the entire veloping in Atlanta, GA, which has Mr. President, I have joined with Congress, almost, working on a trans- been brought to my attention. many of my Democratic colleagues in portation policy. There are those who say you can sponsoring S. 6, the Patients’ Bill of One of the most contentious debates count the number of times highway Rights Act of 1999. I am pleased that S. we had at the time and the significant sanctions have been imposed on one 6 would establish a consumer assist- outcomes of that debate was the issue hand, but that still is too many. I dis- ance program, similar to that estab- of the trust fund. The Congress finally agree with the linking of highway lished by my legislation. My purpose agreed to and the President signed into funds and clean air attainment. We today is to emphasize the importance law what I refer to as the Bond-Chafee must address both. Quality of life re- of such a consumer protection pro- provision which says that the money quires both clear air and safe high- gram. This legislation is not without goes in as the money comes out the ways. I am dedicated to both. I hope we controversy, but I believe that Amer- next year for transportation and pro- can have hearings and move on this ican consumers deserve protection and grams authorized by law. measure in the near future. assistance as they attempt to navigate Included in TEA–21—highway dollars the often confusing and complex world being spent on—is $8.1 billion over 6 By Mr. REED (for himself and of health insurance. years for the Congestion Mitigation Mr. WYDEN): Mr. President, I ask unanimous con- and Air Quality Improvement Pro- S. 496. A bill to provide for the estab- sent to have the text of my bill printed gram. This is money dedicated to help- lishment of an assistance program for in the RECORD. ing States and local governments meet health insurance consumers; to the There being no objection, the bill was the requirements of the Clean Air Act. Committee on Health, Education, ordered to be printed in the RECORD, as Under current law, CMAQ—as it is Labor, and Pensions. follows: called—funding will continue without THE HEALTH CARE CONSUMER ASSISTANCE ACT S. 496 interruption, but highway construction Mr. REED. Mr. President, I rise Be it enacted by the Senate and House of Rep- could be halted or face a delay. today to introduce the Health Care resentatives of the United States of America in Using a ‘‘dedicated tax for a dedi- Consumer Assistance Act, along with Congress assembled, cated purpose’’ as a hammer in this in- my colleague from Oregon, Mr. WYDEN. SECTION 1. SHORT TITLE. stance is, I believe, inappropriate and This legislation creates a consumer as- This Act may be cited as the ‘‘Health Care unfair. sistance program that is key to patient Consumer Assistance Act’’. I do not view this legislation as an protections in the health insurance SEC. 2. GRANTS. attack on the Clean Air Act. It is a market. (a) IN GENERAL.—The Secretary of Health In 1997, President Clinton’s Health and Human Services (referred to in this Act matter of common sense. as the ‘‘Secretary’’) shall award grants to Some may ask, if they do not already Quality Commission identified the States to enable such States to enter into know, what precipitated the introduc- need for consumer assistance programs contracts for the establishment of consumer tion of this legislation. I contemplated that allow consumers access to accu- assistance programs designed to assist con- introducing this bill in the past but rate, easily understood information sumers of health insurance in understanding had other matters that were more im- and get assistance in making informed their rights, responsibilities and choices portant. But on November 8, 1998, the decisions about health plans and pro- among health insurance products. San Francisco-based Sierra Club filed viders. Today, only a loose patchwork (b) ELIGIBILITY.—To be eligible to receive a of consumer assistance services exists. grant under this section a State shall pre- suit in the District of Columbia Dis- pare and submit to the Secretary an applica- trict Court against the EPA to force And, while a number of sources provide tion at such time, in such manner, and con- the EPA to mandate sanctions not just assistance, most are limited. Many taining such information as the Secretary on St. Louis and the nonattainment consumer groups have advocated for may require, including a State plan that area but on the entire State of Mis- the establishment of consumer assist- describes— souri and to make these sanctions ret- ance programs to support consumers’ (1) the manner in which the State will so- roactive. That action, I believe, is irre- growing need of information. licit proposals for, and enter into a contract sponsible and extreme. The legislation I am introducing with, an entity eligible under section 3 to The EPA itself chose not to impose today gives states grants to establish serve as the health insurance consumer of- fice for the State; and sanctions on the St Louis area or the nonprofit, private health care ombuds- (2) the manner in which the State will en- State of Missouri because the State man programs designed to help con- sure that advice and assistance services for and the nonattainment area are doing sumers understand and act on their health insurance consumers are coordinated everything that is necessary to come health care choices, rights, and respon- through the office described in paragraph (1). into compliance. The St. Louis area sibilities. Under my bill, the Secretary (c) AMOUNT OF GRANT.— has adopted an inspection/maintenance of Health and Human Services will (1) IN GENERAL.—From amounts appro- program. They have instituted a plan offer funds for states to select an inde- priated under section 5 for a fiscal year, the pendent, nonprofit agency to provide Secretary shall award a grant to a State in to reduce volatile organic compound an amount that bears the same ratio to such emissions by at least 15 percent. They the following services to consumers: in- amounts as the number of individuals within have opted into EPA’s reformulated formation relating to choices, rights, the State covered under a health insurance gasoline program. And the St. Louis and responsibilities within the plans plan (as determined by the Secretary) bears Regional Clean Air Partnership has they select; operate a 1–800 telephone to the total number of individuals covered been formed to encourage voluntary hotline to respond to consumer re- under a health insurance plan in all States actions. In these circumstances, the Si- quests for information, advice and as- (as determined by the Secretary). Any erra Club lawsuit is purely punitive sistance; produce and disseminate edu- amounts provided to a State under this sec- cational materials about patients’ tion that are not used by the State shall be and purely unwarranted, but it is pos- remitted to the Secretary and reallocated in sible as long as we have this legislation rights; provide assistance and represen- accordance with this paragraph. on the books. tation to people who wish to appeal the (2) MINIMUM AMOUNT.—In no case shall the I do not personally know one Member denial, termination, or reduction of amount provided to a State under a grant of the Senate who fought for highway health care services, or a refusal to pay under this section for a fiscal year be less March 2, 1999 CONGRESSIONAL RECORD — SENATE S2107 than an amount equal to .5 percent of the vidual’s health insurance coverage or pro- proportions is staring my state in the amount appropriated for such fiscal year spective coverage, including individuals cov- face. under section 5. ered under employer-provided insurance, Thousands of gallons of fuel oil have SEC. 3. ELIGIBILITY OF STATE ENTITIES. self-funded plans, the medicare or medicaid already leaked out of the wrecked ship To be eligible to enter into a contract with programs under title XVIII or XIX of the So- and thousands more may be spilled a State and operate as the health insurance cial Security Act (42 U.S.C. 1395 and 1396 et seq.), or under any other Federal or State along our precious coastline within consumer office for the State under this Act, days, if not hours. an entity shall— health care program. (1) be an independent, nonprofit entity (e) SUBCONTRACTS.—An office established As Oregonians struggle to make the with demonstrated experience in serving the under this section may carry out activities best of a bad situation, it is not too needs of health care consumers (particularly and provide services through contracts en- early to start talking about how we low income and other consumers who are tered into with 1 or more nonprofit entities prevent the next addition to the legacy most in need of consumer assistance); so long as the office can demonstrate that all of New Carissa. It seems clear to me (2) prepare and submit to the State a pro- of the requirements of this Act are met by that we need to look at the pernicious posal containing such information as the the office. practice of foreign flagging. How many (f) TRAINING.— State may require; gallons of oil need to spill and how (1) IN GENERAL.—An office established (3) demonstrate that the entity has the many miles of coastline have to be de- technical, organizational, and professional under this section shall ensure that person- capacity to operate the health insurance nel employed by the office possess the skills, stroyed before we stop allowing consumer office within the State; expertise, and information necessary to pro- unseaworthy vessels manned by un- (4) provide assurances that the entity has vide the services described in subsection (c). trained crews into our coastal waters. no real or perceived conflict of interest in (2) CONTRACTS.—To meet the requirement It seems easier to register a super- providing advice and assistance to consum- of paragraph (1), an office may enter into tanker in some foreign countries than ers regarding health insurance and that the contracts with 1 or more nonprofit entities it is to register an automobile in Port- entity is independent of health insurance for the training (both through technical and land, Oregon. As long as this so-called plans, companies, providers, payers, and reg- educational assistance) of personnel and vol- Flag of Convenience system continues, ulators of care; and unteers. To be eligible to receive a contract under this paragraph, an entity shall be it’s only a matter of time before the (5) demonstrate that, using assistance pro- next New Carissa runs aground on a vided by the State, the entity has the capac- independent of health insurance plans, com- ity to provide assistance and advice through- panies, providers, payers, and regulators of local beach. Yet our maritime policy out the State to public and private health in- care. continues to allow it. surance consumers regardless of the source (3) LIMITATION.—Not to exceed 7 percent of Grave concerns have also been raised of coverage. the amount awarded to an entity under a about the amount and quality of infor- SEC. 4. USE OF FUNDS. contract under subsection (a) for a fiscal mation being released to the public year may be used for the provision of train- (a) BY STATE.—A State shall use amounts about this disaster. People who live in received under a grant under this Act to ing under this section. the area simply have not been told (g) ADMINISTRATIVE COSTS.—Not to exceed enter into a contract described in section 1 percent of the amount of a block grant what to expect. That is unacceptable. 2(a) to provide funds for the establishment awarded to the State under subsection (a) for When disaster strikes, government has and operation of a health insurance con- a fiscal year may be used for administrative an ironclad responsibility to give peo- sumer office. expenses by the State. ple as much information as possible. (b) BY ENTITY.— (h) TERM.—A contract entered into under Today, I am introducing legislation (1) IN GENERAL.—An entity that enters into subsection (a) shall be for a term of 3 years. a contract with a State under this Act shall that focuses on avoiding disasters like use amounts received under the contract to SEC. 5. FUNDING. the New Carissa. We need to stop play- establish and operate a health insurance con- (a) AUTHORIZATION OF APPROPRIATIONS.— ing Russian roulette with our coastal sumer office. There are authorized to be appropriated such resources and the communities that de- sums as may be necessary in each fiscal year (2) NONCOMPLIANCE.—If the State fails to pend on them. to carry out this Act. enter into a contract under subsection (a), Congressman DEFAZIO has authored (b) REPORT OF SECRETARY.—Not later than the Secretary shall withhold amounts to be companion legislation in the House of provided to the State under this Act and use 1 year after the date of enactment of this Act, and annually thereafter, the Secretary Representatives, which was adopted as such amounts to enter into the contract de- an amendment to the Coast Guard Re- scribed in paragraph (1) for the State. shall prepare and submit to the appropriate (c) ACTIVITIES OF OFFICE.—A health insur- committees of Congress a report that authorization Bill. ance consumer office established under this contains— This legislation requires all vessels, Act shall— (1) a determination by the Secretary of foreign and domestic, to notify the (1) provide information to health insurance whether amounts appropriated to carry out Coast Guard when they intend to enter consumers within the State relating to this Act for the fiscal year for which this re- our country’s territorial waters, allows choice of health insurance products and the port is being prepared are sufficient to fully the Coast Guard to bar them from rights and responsibilities of consumers and fund this Act in such fiscal year; and (2) with respect to a fiscal year for which entry if there are safety concerns, and insurers under such products; gives the Coast Guard the authority to (2) operate toll-free telephone hotlines to the Secretary determines under paragraph respond to requests for information, advice (1) that sufficient amounts are not appro- direct the movements of such vessels in or assistance concerning health insurance in priated, the recommendations of the Sec- our waters in hazardous situations. a timely and efficient manner; retary for fully funding this Act through the This bill would have given the Coast (3) produce and disseminate educational use of additional funding sources. Guard the ability to block the New materials concerning health insurance con- Carissa from allowing its deadly course By Mr. WYDEN: sumer and patient rights; of sailing so close to shore during a S. 498. A bill to require vessels enter- (4) provide assistance and representation hazardous gale, a practice that local pi- ing the United States waters to provide (in nonlitigative settings) to individuals who lots shun. desire to appeal the denial, termination, or earlier notice of the entry, to clarify In other words, had this bill been in reduction of health care services, or the re- the requirements for those vessels and fusal to pay for such services, under a health place, the Coast Guard would have had the authority of the Coast Guard over the ability to stop this tragedy before insurance plan; those vessels, and for other purposes; (5) make referrals to appropriate private it occurred, instead of having to clean to the Committee on Commerce, and public individuals or entities so that in- up after it. quiries, problems, and grievances with re- Science, and Transportation. I urge my colleagues to support this spect to health insurance can be handled THE COASTAL PROTECTION AND VESSEL important legislation, and ask unani- promptly and efficiently; and CONTROL IMPROVEMENT ACT mous consent that a copy of the bill be (6) collect data concerning inquiries, prob- Mr. WYDEN. Mr. President, as we printed in the RECORD. lems, and grievances handled by the office speak, rescue crews are fighting val- There being no objection, the bill was and periodically disseminate a compilation iantly to contain the damage from the ordered to be printed in the RECORD, as and analysis of such information to employ- wreck of the tanker New Carissa off of ers, health plans, health insurers, regulatory follows: agencies, and the general public. Coos Bay, Oregon three weeks ago. But S. 498 (d) AVAILABILITY OF SERVICES.—The office the clock is ticking, the water is ris- Be it enacted by the Senate and House of Rep- shall not discriminate in the provision of ing, and time is running short. An en- resentatives of the United States of America in services regardless of the source of the indi- vironmental disaster of truly alarming Congress assembled, S2108 CONGRESSIONAL RECORD — SENATE March 2, 1999 SECTION 1. CLARIFICATION OF COAST GUARD relatively new science of transplan- By Mr. SMITH of New Hampshire AUTHORITY TO CONTROL VESSELS tation. As public servants, we need to (for himself, Mr. JEFFORDS, and IN TERRITORIAL WATERS OF THE UNITED STATES. do all we can to raise awareness about Mr. HELMS): The Ports and Waterways Safety Act (33 the gift of life. S. 500. A bill to amend section 991(a) U.S.C. 1221 et seq.) is amended by adding at Under this bill, each donor or donor of title 28, United States Code, to re- the end the following: family will be eligible to receive a quire certain members of the United ‘‘SEC. 15. ENTRY OF VESSELS INTO TERRITORIAL commemorative Congressional medal. States Sentencing Commission to be SEA; DIRECTION OF VESSELS BY selected from among individuals who COAST GUARD. It is not expected that all families, are victims of a crime of violence; to ‘‘(a) NOTIFICATION OF COAST GUARD.— many of whom wish to remain anony- ‘‘(1) NOTIFICATION.—Under regulations pre- mous, will take advantage of this op- the Committee on the Judiciary. scribed by the Secretary, a commercial ves- portunity. The program will be coordi- UNITED STATES SENTENCING COMMISSION sel entering the territorial sea of the United nated by the regional organ procure- LEGISLATION States shall notify the Secretary not later Mr. SMITH of New Hampshire. Mr. ment organizations [OPO’s] and man- than 24 hours before that entry. President, I rise to introduce a bill aged by the entity administering the ‘‘(2) INFORMATION.—The regulations under that I sponsored in the last Congress to Organ Procurement and Transplan- paragraph (1) shall specify that the notifica- give victims of crime a greater voice in tion shall contain the following information: tation Network. Upon request of the sentencing. My bill, which is being co- ‘‘(A) The name of the vessel. family or individual, a public official sponsored by Senators JEFFORDS and ‘‘(B) The port or place of destination in the will present the medal to the donor or HELMS, would reserve two of the seven United States. the family. This creates a wonderful seats on the United States Sentencing ‘‘(C) The time of entry into the territorial opportunity to honor those sharing life sea. Commission for victims of violent through donation and increase public ‘‘(D) With respect to the fuel oil tanks of crimes. awareness. Some researchers have esti- the vessel— Mr. President, the Sentencing Com- mated that it may be possible to in- ‘‘(i) the capacity of those tanks; and mission is an independent entity with- crease the number of organ donations ‘‘(ii) the estimated quantity of fuel oil that in the judicial branch that establishes will be contained in those tanks at the time by 80 percent through public education. of entry into the territorial sea. sentencing policies and practices for ‘‘(E) Any information requested by the Any one of us, or any member of our the Federal courts. This includes sen- Secretary to demonstrate compliance with families, could need a life saving trans- tencing guidelines that prescribe the applicable international agreements to plant. We would then be placed on a appropriate form and severity of pun- which the United States is a party. waiting list to anxiously await our ishment for offenders convicted of Fed- ‘‘(F) If the vessel is carrying dangerous turn, or our death. The number of peo- eral crimes. cargo, a description of that cargo. ple on the list has more than doubled The U.S. sentencing Commission is ‘‘(G) A description of any hazardous condi- since 1990—and a new name is added to composed of seven voting members who tions on the vessel. the list every 18 minutes. In my home are appointed by the President, with ‘‘(H) Any other information requested by the Secretary. State of Tennessee, 62 Tennesseans the advice and consent of the Senate, ‘‘(b) DENIAL OF ENTRY.—The Secretary may died in 1998 while waiting, and more for six-year terms. The Commission deny entry of a vessel into the territorial sea than 775 people are in need of a trans- also includes two non-voting members. of the United States if— plant. Nationally, because of a lack of Of the seven voting members of the ‘‘(1) the Secretary has not received notifi- organs, close to 5,000 listed individuals Sentencing Commission, three must be cation for the vessel in accordance with sub- died in 1998. Federal judges. section (a); or However, the official waiting list re- Under my bill, two of the four seats ‘‘(2) the vessel is not in compliance with on the Sentencing Commission that are any other applicable law relating to marine flects only those who have been lucky safety, security, or environmental protec- enough to make it into the medical not filled by Federal judges would be tion. care system and to pass the financial reserved for victims of a crime of vio- ‘‘(c) DIRECTION OF VESSEL.—The Secretary hurdles. If you include all those reach- lence or, in the case of a homicide, an may direct the operation of any vessel in the ing end-stage disease, the number of immediate family member of such a navigable waters of the United States as nec- people potentially needing organs or victim. My bill utilizes the definition essary during hazardous circumstances, in- of a crime of violence that is found in cluding the absence of a pilot required by bone marrow, very likely over 120,000, becomes staggering. Only a small frac- section 16 of title 18 of the United Federal or State law, weather, casualty, ves- States Code. sel traffic, or the poor condition of the ves- tion of that number would ever receive All seven voting seats on the Sen- sel.’’. transplants, even if they had adequate insurance. There simply are not tencing Commission are vacant. Now is By Mr. FRIST (for himself, Mr. enough organ and tissue donors, even the right time to give victims of crime JEFFORDS, Mr. DORGAN, Mr. to meet present demand. a voice by requiring that two of those LEVIN, Mrs. MURRAY, Mr. vacant seats must be filled by Ameri- Federal policies surrounding the DEWINE, Mr. MURKOWSKI, Mr. cans who have been victimized by vio- issue of organ transplantation are dif- THURMOND, Mr. DURBIN, and Mr. lent crimes. ficult. Whenever you deal with whether INOUYE): Mr. President, I ask unanimous con- S. 499. A bill to establish a congres- someone lives or dies, there are no easy sent that the text of the bill be printed sional commemorative medal for organ answers. There are between 15,000 and in the RECORD. donors and their families; to the Com- 20,000 potential cadaveric donors each There being no objection, the bill was mittee on Banking, Housing, and year, yet inexcusably, in 1997 there order to be printed in the RECORD, as Urban Affairs. were only some 5,400 actual donors. follows: That’s why we need you to help us edu- THE GIFT OF LIFE CONGRESSIONAL MEDAL ACT S. 500 OF 1999 cate others about the facts surrounding Be it enacted by the Senate and House of Rep- Mr. FRIST. Mr. President, I take tissue and organ donation. resentatives of the United States of America in great pleasure today in introducing the Mr. President, there has been unprec- Congress assembled, SECTION 1. COMPOSITION OF UNITED STATES Gift of Life Congressional Medal Act of edented cooperation, on both sides of SENTENCING COMMISSION. 1999. With this legislation, which the aisle, and a growing commitment (a) IN GENERAL.—Section 991(a) of title 28, doesn’t cost taxpayers a penny, Con- to awaken public compassion on behalf United States Code, is amended by inserting gress has the opportunity to recognize of those who need organ transplants. It after ‘‘same political party,’’ the following: and encourage potential donors, and is my very great pleasure to introduce ‘‘Of the members who are not Federal judges, give hope to over 52,000 Americans who this bill on behalf of a group of Sen- not less than 2 members shall be individuals have end-stage disease. As a heart and ators who have already contributed in who are victims of a crime of violence (as lung transplant surgeon, I saw one in extremely significant ways to the that term is defined in section 16 of title 18) or, in the case of a homicide, an immediate four of my patients die because of the cause of organ transplantation. And we family member of such a victim.’’. lack of available donors. Public aware- are proud to ask you to join us, in en- (b) APPLICABILITY.—The amendment made ness simply has not kept up with the couraging people to give life to others. by this section shall apply with respect to March 2, 1999 CONGRESSIONAL RECORD — SENATE S2109 any appointment made on or after the date intimidating Park Service agents. yield, of marine commercial fisheries, except of enactment of this Act. Many were either told they were in fishing for Dungeness crab in the waters of closed waters, or threatened that if the Beardslee Islands and upper Dundas Bay. By Mr. MURKOWSKI (for himself they did not move, they would be pros- SEC. 3. CLAIMS FOR LOST EARNINGS. and Mr. STEVENS): ecuted. Needless to say, these fisher- Section 3(g) of Public Law 91–383 (16 U.S.C. S. 501. A bill to address resource 1a–2(g)) is amended— men are law-abiding members of soci- management issues in Glacier Bay Na- (1) in paragraph (1), by striking ‘‘and’’ at ety, so they pulled up their fishing gear tional Park, Alaska; to the Committee the end’ and moved, taking very serious finan- on Energy and Natural Resources. (2) in paragraph (2), by striking the period cial losses as a result. at the end and inserting ‘‘; and’’; and GLACIER BAY FISHERIES ACT Mr. President, let me ask you how (3) by inserting after paragraph (2) the fol- Mr. MURKOWSKI. Mr. President, I difficult it would have been to write a lowing: am today introducing—together with letter before the season opened and ‘‘(3) to pay an aggregate of not more than my good friend Senator STEVENS—new send it to these 14 fishermen? How hard $2,000,000 per fiscal year in actual and puni- legislation to ensure that the marine would it be to send a letter to 20 fisher- tive damages to persons that, at any time after January 1, 1999, suffered or suffer a loss waters of Glacier Bay National Park men? or to 50? In other words, Mr. remain open to the fisheries that have in earnings from commercial fisheries le- President, how hard would it have been gally conducted in the marine waters of Gla- been conducted there for many, many to avoid such confrontational and dam- cier Bay National Park, due to any action by years. aging tactics? an officer, employee, or agent of any Federal For a number of years, the Park It would not have been hard at all, department or agency, that interferes with Service has attempted to seize author- Mr. President, and the fact that the any person legally fishing or attempting to ity over fisheries management in Gla- agency did not choose to do so is just fish in such commercial fisheries. cier Bay from the State of Alaska, one more example of how unfairly the By Mr. ASHCROFT (for himself which holds title to the marine waters Park Service has behaved to those who and Mr. DOMENICI): and submerged lands within Glacier live and work in Alaska. Bay National Park. This is an infringe- It is time for this to stop, and to en- S. 502. A bill to protect social secu- ment of the State’s sovereignty under sure that it does, I am today offering a rity; to the Committee on the Budget the constitutional doctrine of equal simple, clean solution. First, the bill and the Committee on Governmental footing, as confirmed by Congress in authorizes subsistence fishing and Affairs, jointly, pursuant to the order the Submerged Lands Act, and the gathering under the existing federal of August 4, 1977, with instructions Alaska Statehood Act. governing authority for such activities. that if one Committee reports, the As my colleagues should all be aware, Second, the bill authorizes the State of other Committee have thirty days to commercial fisheries have been con- Alaska to conduct its marine fisheries report or be discharged. ducted in these waters for well over 100 without interference, except a fishery THE PROTECT SOCIAL SECURITY BENEFITS ACT years, since long before the federal for Dungeness crab, for which a com- OF 1999 government became interested in pensation plan has already been adopt- Mr. ASCHROFT. Mr. President, there them. Subsistence fishing and gather- ed. And third, the bill authorizes the is no more worthy government obliga- ing by local residents has been prac- use of up to $2,000,000 per year—which tion than ensuring that those who paid ticed for up to 9,000 years, and perhaps the Park Service is already collecting a lifetime of Social Security taxes will longer. but which it has failed to use for the receive their full Social Security bene- Yet today, officials of the National purpose intended by Congress—to be fits. Social Security is a national, cul- Park Service want Glacier Bay off lim- used to pay damages to fishermen who tural and legal obligation. Social Secu- its to those who have depended on it were unfairly harmed. rity is our most import social program, for their sustenance and livelihoods for Mr. President, this is a matter of a contact between the government and generations. simple fairness. These are not new fish- its citizens. Americans, including one Most recently, agents of the Park eries, but old ones—fisheries which million Missourians, depend on this Service harassed a number of commer- throughout their long history have commitment. cial crab fishermen who were fishing in never caused a problem, and are today This is more than just a govern- areas which have always been open to more tightly controlled than ever by mental commitment. We have a re- them. Some of these were areas which State of Alaska law and regulation. sponsibility as a culture to care for the may be closed under legislation adopt- Fishermen have caused no harm here. elderly. Social Security is the only re- ed last year, but for which the Park The only harm has been caused either tirement income most of our seniors Service has not yet promulgated regu- by the arrogant demands of those who receive. It is our obligation, passed lations to effect the closure. want the park to themselves, or those down from generation to generation, to Although Park Service officials now who are well-meaning but ignorant of provide retirement security for every say they merely asked for voluntary the facts. It is time the former become American. compliance and attempted to educate better neighbors, and time for the lat- As individuals, all of us care about fishermen about their plans, the fisher- ter to learn the truth. Social Security because we know the men tell a different, and more sinister, I ask unanimous consent that the benefits it pays to our mothers and fa- story. text of our legislation be printed in the thers, relatives and friends. And we This particular crab fishery is only RECORD. think of the Social Security taxes we six days long, with the first two days There being no objection, the bill was and our children pay—up to 12.4 per- being crucial to a fisherman’s financial ordered to be printed in the RECORD, as cent of our income. We pay these taxes success. Because of this, fishermen follows: with the understanding that they help must work literally around the clock S. 501 our parents and their friends, and we for the first 48 to 72 hours. After the Be it enacted by the Senate and House of Rep- hope that our taxes will somehow, first two days, their earning poten- resentatives of the United States of America in someday make it possible to help pay tial—even for a top fisherman—drops Congress assembled, for our own retirements. from almost $60,000 per day to less than SECTION 1. SHORT TITLE. In my case, thinking of Social Secu- $20,000. This Act may be cited as the ‘‘Glacier Bay rity brings to mind friends and con- It is important to note that these are Fisheries Act’’. stituents such as Lenus Hill of Bolivar, not large scale fisheries. We are talk- SAEC. 2. RESOURCE HARVESTING. MO, who relies on her Social Security ing about a small handful of fishermen, (a) In Glacier Bay National Park, the Sec- to meet living expenses. Billy Yarberry some working solely with their fami- retary of the Interior shall accommodate— lives on a farm near Springfield and de- lies. (1) the conduct of subsistence fishing and pends on Social Security. And there is gathering under Title VIII of the Alaska Na- Out of the 14 vessels working in the tional Interest Lands Conservation Act (16 Rev. Walter Keisker of Cape Girardeau, Bay during the recent fishery, 11 were U.S.C. 3111 et. seq.); and who will be 100 years old next July and boarded—right in the middle of those (2) the conduct by the State of Alaska, in lives on Social Security. These faces crucial first two days—by armed and accordance with the principles of sustained bring meaning to Social Security. S2110 CONGRESSIONAL RECORD — SENATE March 2, 1999 Whenever I meet with folks in Mis- payment of the national debt by amor- Social Security does now and will in souri, I am asked, ‘‘Senator, you won’t tizing it—paying it off in install- the near future accumulate annual sur- let them use my Social Security taxes ments—over the next 30 years. The sec- pluses. Together, income from payroll to pay for the United Nations, will ond bill reduces the public debt limit taxes and interest is greater than the you?’’ Or, ‘‘Why can’t I get my full ben- every two years as an additional incen- amount of benefits being paid out. The efits if I work after 65?’’ Or, ‘‘You know tive to reduce borrowing. Additional Social Security Trustees believe that I need my Social Security, don’t you?’’ surpluses in the Social Security Trust these surpluses will continue each year And then there are the letters on So- Fund can buy down publicly-held debt. for the next 14 years. In that time, a cial Security I get every day. By reducing the public debt, my plan $2.8 trillion total surplus will accumu- Ed and Beverly Shelton of Independ- will make it easier for America to late. ence, MO, write: ‘‘Aren’t the budget meet its Social Security obligations in In the year 2013, however, when more surpluses the result of Social Security three ways. First, over the long run, baby boomers will be in retirement, an- taxes generating more revenue than is paying off the debt will lower interest nual benefit payments will exceed an- needed to fund current benefits? There- payments, which are now over $200 bil- nual taxes received by Social Security fore, the Social Security surplus is the lion annually, equaling about 15% of through taxes and interest. As a result, surplus!* * * Yes, we are senior citizens the budget. Second, by relieving Amer- Social Security will run an annual defi- and receive a very limited amount of ica of the burden of the $3.8 trillion na- cit. By 2021, annual benefit payments Social Security. We are children who tional debt over the next 30 years, it will exceed annual taxes received by survived the Great Depression and will free up more resources that may Social Security and interest earned on World War II so we know how to be able to meet Social Security obliga- the accumulated surpluses. In the year stretch a dollar and rationed goods— tions in the future. Finally, a debt-free 2032, Social Security payroll taxes will just wish Congress were as careful with America will have a stronger, faster- not only be insufficient to pay benefits; spending our money as we are!’’ growing economy, and will be better the surpluses will be used up. Social These concerns are why I am intro- equipped to come up with the money to Security will be bankrupt. Bipartisan efforts are underway to ducing today the Protect Social Secu- redeem the Trust Fund when we need address this long-term situation. I will rity Benefits Act. Americans who have it. take an active part in this work. We devoted 12% of their wages to the So- We must remember that federal debt must strengthen Social Security’s ca- cial Security Trust Fund deserve their incurs very real costs, in the form of pacity to pay benefits in full beyond full Social Security payments now and interest payments and higher interest the year 2032. in the century to come. The bill is part rates. With that in mind, we cannot af- But there is no getting around the of a five part package that, taken to- ford not to pay off the debt. While it fact that a key to the long-term sol- gether, seeks to provide greater protec- will cost money to pay off the debt, it vency of Social Security is how the tion for the Social Security Trust is better to budget for those costs now. current mushrooming Social Security Fund. On this point, I agree with President surplus is invested, managed and spent. The substance and message of these Clinton. His idea to use Social Security That’s why the Protect Social Security provisions is that Social Security must surpluses to pay down our existing debt Benefits Act focuses on how the cur- be protected: protected from politi- is a wise one, and I am offering a re- rent Social Security surplus is invested cians who raid Social Security to fi- sponsible plan to make it happen. and managed. nance additional deficits; protected Finally, and given the fact that So- Where is the Social Security surplus? from those who want to gamble with cial Security surpluses are routinely This question helps us understand what Social Security in the stock market; being used to finance deficits in the the Social Security surplus is, and is protected so that investment decisions rest of the budget of the federal gov- not. In truth, the Trust Funds have no ensure current and future benefits; pro- ernment, it is time to decide carefully money, only interest-bearing notes. It tected so that seniors who work get how Social Security should be treated would be foolish to have money in the full benefits; protected so that we keep in any proposed constitutional amend- trust fund that earned no interest or our commitment to America’s retirees. ment to balance the budget. I have al- had no return. In return for the Social The Ashcroft Protect Social Security ways supported a balanced budget Security notes, Social Security taxes Benefits Act of 1999 prevents the use of amendment. In the past, I have sup- are sent to the U.S. Treasury and min- surpluses in the Social Security Trust ported an effort that did not distin- gled with other government revenues, Funds to finance deficits in the rest of guish between Social Security ac- where the entire pool of cash pays the the federal budget. We must build a counts and the rest of the federal budg- government’s day-to-day expenses. wall so high around the Social Security et. However, last year’s raid of the So- While the Trust Funds records now Trust Funds so that it cannot be used cial Security surplus to fund other gov- show a total of $857 billion in the fund, to pay for new government spending. ernment spending under the guise of these assets exist only in the form of Social Security should not finance new ‘‘emergency spending’’ has convinced government securities, or debt. Accord- spending. But that is exactly what has me that Social Security must be pro- ing to the Washington Post, ‘‘The en- happened in the past, is now happen- tected under our constitution. Social tire Social Security Trust Fund, all ing, and will continue happening in the Security must be walled off for special [$857] billion or so of it, fits readily in future, unless changes are made. It treatment in any proposed balanced four ordinary, brown, accordion-style must end. budget amendment. We must make folders that one can easily hold in both Specifically, the bill makes it out of clear that the federal budget should be hands. The 174 certificates reside in a order for the House or Senate to pass, balanced without counting any Social plain combination-lock filing cabinet or even debate, a budget or bill that Security surpluses. on the third floor of the bureau’s office uses Social Security surpluses to fi- Walling off the trust funds is the first building.’’ nance deficits in the rest of the budget. step, not the only step, needed to pro- In recent years, Social Security sur- In both the House and Senate, a three- tect Social Security. This is the right pluses have been used to finance deficit fifths vote, or a super majority, would way to start the effort to improve So- spending in the rest of the federal be required to change that. Let me as- cial Security so it is strong for our budget. Take Fiscal Year 1998 for ex- sure you that this is extremely un- children and grandchildren. ample. The Social Security surplus was likely. We have enough trouble getting To do this, we need to be honest, re- $99 billion. The deficit in the rest of the 51 Senators to agree to anything, let alizing that, for now, time is on our government budget was $29 billion. So alone 60. Thus, it would be extremely side to make thoughtful improvements. $29 billion—or 30% of the Social Secu- difficult to use the Social Security sur- For the past few months, I have com- rity surplus—financed other govern- plus to fund new deficit spending. prehensively reviewed Social Security. ment programs that were not paid for Two other bills I am supporting will My conviction is that understanding with general tax revenues. this oc- also reduce debt and thereby strength- must always come before reforming. curred despite President Clinton’s en our economy, Social Security and The following summarizes the facts promise to save ‘‘every penny of any our future. The first bill structures the about Social Security. surplus’’ for Social Security. March 2, 1999 CONGRESSIONAL RECORD — SENATE S2111 For next year, this money shuffling gress were to declare war, and the gov- Because of this, the legislation is even greater. To quote the Senate ernment needed to go into deficit in should have the backing of the local Budget Committee’s February 1, 1999, order to protect our national security, community, Colorado environmental analysis: then the point of order would not groups, and the majority of the Colo- Conclusion: the President’s budget, despite apply. It would remain in effect at all rado delegation. There is no reason the rhetoric, not only spends all the non-So- other times. In the event that the why it cannot be passed quickly. cial Security surplus over the next five House or Senate did not pass a budget All Colorado wilderness bills should years, while providing no meaningful tax re- resolution, the point of order would go through the process this bill went lief to American families, but also dips in apply to all appropriations bills passed through. Congressman MCINNIS, Con- the Social Security surplus for $146 billion to after September 1. This fail-safe would gressman SCHAFFER and I decided that pay for the President’s spending priorities. ensure that the President and the Con- cooperation, consensus, and commu- This kind of money shuffling must gress could not raid the Social Secu- nication were essential to success. end. I cannot go back to Lenus Hill or rity fund for irresponsible spending, as Therefore, we casted our net broadly Billy Yarberry and tell them that I they did last year to the tune of $22 bil- for concerns, and when they were stood by silently as the government de- lion. raised in good faith we actually sat voted—spent half of their retirement The Ashcroft Protect Social Security down and worked them out. I have been money to paying for the President’s Benefits Act is the first provision in a struck by the fact that when people are new spending initiatives. We must stop multi-part Social Security package given the opportunity to be part of the the dishonest practice of hiding new that will address vital issues relating process they feel like they have a stake government deficits with Social Secu- to the management, investment, and in the outcome and they try to be con- taxation of Social Security. This plan rity surpluses. structive in their criticisms. Because is designed to protect the Social Secu- The Protect Social Security Benefits of constructive critics like the rity system. More importantly, it is de- Act of 1999 is designed to cripple at- Huerfano County Commissioners, this signed to protect the American peo- tempts to use surpluses in the Social legislation is better now then it was ple—from debt, from bad investments, Security Trust Funds to pay for defi- when they first looked at it. from misinformation, and from at- cits in the rest of the federal budget. Whil the legislation is complete, we tempts to spend our retirement dollars Specifically, the bill states that it is are still seeking clarification on one on current government spending. While out of order for the House and Senate point. The Huerfano County Commis- I value the Social Security system, I to pass—or even debate—a budget that sioners are seeking to have a trail that value the American people, people like uses Social Security surpluses to fi- is slightly inside the wilderness area, Lenus Hill and the one million other nance new debt in the rest of the budg- as designated in the legislation, ex- Missourians who receive Social Secu- et. This provision could only be over- cluded. My staff has spoken with the ridden if three-fifths of the House or rity benefits, more. My primary re- sponsibility is to them. My plan to pro- local Forest Service staffer and they Senate openly vote to bypass this rule. appear to have no objection to this Three times Congress has passed laws tect the Social Security system will protect the American people first, and change. It is still uncertain whether we that tried to take Social Security off- actually need to change the legislation budget. These efforts have called for I urge my colleagues to join me in sup- port of this plan. to do this or whether the map can be accounting statements that require the adjusted by the Forest Service without government to keep the financial sta- By Mr. ALLARD: any legislative changes. If it is the tus of Social Security separate from S. 503. A bill designating certain land former than we will make that change the rest of the budget. But these efforts in the San Isabel National Forest in prior to passing it out of the Senate. If are inadequate unless Congress puts in the State of Colorado as the ‘‘Spanish it is the latter, we will exchange let- place safeguards that protect surpluses Peaks Wilderness’’; to the Committee ters with the Forest Service to ensure in Social Security from financing new on Energy and Natural Resources. we are talking about the same trail in government spending. SPANISH PEAKS WILDERNESS ACT OF 1999 the same place. This change should not Right now, such procedures do not Mr. ALLARD. Mr. President, wilder- be of concern. It is only slightly inside exist in current law or in senate rules. ness is described in the law as lands the boundaries and any changes we On the contrary, current law and sen- that are, ‘‘* * * in contrast with those make to exclude it would be of only a ate rules create 21 separate points of areas where man and his own works slight impact on the entire designa- order that apply to spending increases dominate the landscape, * * * an area tion. and tax increases, making it difficult where the earth and its community of I want to thank Congressman to protect Social Security surpluses. life are untrammeled by man, where MCINNIS, Congressman SCHAFFER, and But none actually stop these surpluses man himself is a visitor who does not the local community for working from paying for new budget deficits. remain.’’ With today’s introduction of through this process. When the Colo- We need a point of order protecting So- the Spanish Peaks Wilderness bill con- rado delegation works as a team they cial Security surpluses from irrespon- gressmen SCOTT MCINNIS, BOB SCHAF- work the best for the State of Colo- sible government raiding. FER and I are setting aside around rado. The Protect Social Security Benefits 18,000 acres of land that more than Act would create precisely such a point meets the intent of the authors of the By Mr. CLELAND: of order. This would prohibit the fed- 1964 Wilderness Act. This land will be S. 504. A bill to reform Federal elec- eral government from running a federal an important addition to wilderness in tion campaigns; to the Committee on funds (on-budget) deficit without 60 Colorado. Rules and Administration. votes, or what is known as a super-ma- Spanish Peaks had been considered f jority. With no on-budget deficit to fi- for inclusion in previous wilderness THE FEDERAL ELECTION EN- nance, we would use the entire Social bills. However, because of unresolved Security surplus to shrink the pub- issues it was not appropriate to des- FORCEMENT AND DISCLOSURE licly-held federal debt. Reducing the ignate it in the past. Those issues in- REFORM ACT publicly-held debt would cut annual in- cluded various inholdings, the use of an Mr. CLELAND. Mr. President. I rise terest costs that now cost $200 billion old access road in the wilderness area, today to address the important issue of and 15% of the entire federal govern- as well as the potential coal bed meth- campaign finance reform. As we begin ment budget. Eliminating this interest ane production on portions of the land. the 106th Congress, campaign finance cost would provide more flexibility to Those issues have either been resolved reform continues to be an important address the long-term financing dif- in this bill or they have been resolved national need. Therefore, I am again ficulties Social Security now faces that through other methods. The resolution introducing my Federal Election En- could someday jeopardize payment of of these issues has maintained the in- forcement And Disclosure Reform Act full benefits. tegrity of the proposed wilderness area with the hope that this will be the year The only exception to this point of as well as protecting the needs of the that Congress makes positive strides order would be in time of war. If Con- local community. towards meaningful reform. S2112 CONGRESSIONAL RECORD — SENATE March 2, 1999 After participating in the Govern- million.’’ The auditors recommended of its supposed referee, the Federal mental Affairs Committee’s extensive that the campaigns repay the money. Election Commission. The FEC, wheth- 1997 campaign finance hearings, it was However, the commissioners unani- er by design or through circumstance, apparent to me that there is a critical mously rejected these recommenda- has been beset by partisan gridlock, need for reform of our entire campaign tions and refused to specifically ad- uncertain and insufficient resources, finance system. What I witnessed, dress the alleged grievous violations of and lengthy proceedings which offer no heard and read made me even more federal campaign laws. hope of timely resolution of charges of convinced that we must strengthen our Although the author of the National campaign violations. campaign financing laws, and provide Journal piece is very critical of the en- Thus, the first major element of my strong enforcement through the Fed- forcement system, her criticism cor- bill is to strengthen the ability of the eral Election Commission of these rectly does not end with the FEC. Federal Election Commission to be an laws, or risk seeing our election proc- ‘‘[T]he FEC isn’t the only cop that effective and impartial enforcer of fed- ess be swept away in a tidal wave of seems to have deserted the beat.’’ Ac- money. In spite of public support, and cording to the author, the FEC’s re- eral campaign laws. Among the most positive action in the House, the Sen- fusal to enforce the campaign regula- significant FEC-related changes I am ate failed last year to enact meaning- tions has also had a chilling effect on proposing are the following: ful legislation addressing these prob- the Justice Department’s willingness Alter the Commission structure to lems, and we have now gone through to complete thorough investigations of remove the possibility of partisan grid- yet another election cycle in which the the abuses in the 1996 election cycle. lock by establishing a 7-member Com- abuses continued to persist. With the Furthermore, she points out that last mission, appointed by the President record high of $1 billion spent in pur- year Congress again failed to enact new based on qualifications, for single 7- suit of federal office in 1996—a 73 per- campaign finance laws to help correct year terms. The Commission would be cent increase since 1992, I had hoped the problems. She concludes by men- composed of two Republicans, two that the 1998 election would at least re- tioning the movement by some politi- Democrats, one third party member, flect a natural decline from the grossly cians to totally deregulate the sys- and two members nominated by the inflated figures. However, post-election tem—‘‘By default, the no-holds-barred Supreme Court. reports filed with the FEC show that camp seems to be winning. Their de- Give the FEC independent litigating spending in Senate general election regulation model is starting to look an authority, including before the Su- campaigns went from $220.8 million in awful lot like the system we have preme Court, and establish a right of 1996, to $244.3 in 1998, an 11% increase. today.’’ private civil action to seek court en- It has been estimated that if these As we can see in the preliminary forcement in cases where the FEC fails trends continue, by 2025 it will take preparations already underway, the to act, both of which should dramati- $145 million to finance an average Sen- 2000 election cycle is likely to be head- cally improve the prospects for timely ate campaign. This absurd trend can- ing in the same direction and I believe enforcement of the law. not continue. that this is the optimal time for us to Although the Senate failed last year act in order to prevent such abuses. Al- Provide sufficient funding of the FEC to enact meaningful reform, I am hope- though my bill will not address all of from a source independent of Congres- ful that, with a new Congress, we will the campaign finance system problems, sional intervention by the imposition take up this important issue in ear- it will revitalize the Federal Election of filing fees on federal candidates, nest. The legislation I am re-introduc- Commission to enable it to more effec- with such fees being adequate to meet ing today, the Federal Election En- tively enforce current campaign fi- the needs of the Commission—esti- forcement and Disclosure Reform Act, nance laws, and to close some loop- mated to be $50 million a year. addresses one of the most serious prob- holes in current campaign disclosure A second major component of the lems with our current system, the in- requirements in order to provide the Federal Election Enforcement and Dis- ability of the Federal Election Com- American people with more com- closure Reform Act is to create a new mission (FEC) to adequately enforce prehensive and more timely informa- Advisory Committee on Federal Cam- our existing campaign laws. I recently tion on campaign finances. paign Reform to provide for a body out- read a compelling article entitled ‘‘No As I made clear last year, I do not in- side of Congress to continually review Cop on the Beat,’’ which appeared in tend my legislation to fix all of the and recommend changes in our federal the January 23, 1999 issue of the Na- problems with the campaign finance campaign system. The Committee tional Journal. The author, Eliza system. It is my understanding that would be charged, ‘‘to study the laws Newlin Carney, perhaps summarizes Senators MCCAIN and FEINGOLD also in- (including regulations) that affect how best the current judgment on the effec- tend to re-introduce their important election campaigns for Federal office tiveness of the FEC when she states legislation, which I intend to again co- are conducted and the implementation that ‘‘[a] long-standing joke around sponsor. I continue to believe that en- of such laws and may make rec- town is that the commission is a gov- actment of McCain-Feingold or similar ommendations for change,’’ which are ernment success story: It is precisely legislation is an essential step for the to be submitted to Congress by April 15 the weak and ineffective agency that Senate to take this year in beginning of every odd-numbered year. As with Congress intended it to be.’’ the process of repairing a campaign fi- the FEC, the Advisory Committee The article was written following a nance system which is totally out of would receive independent and suffi- December 1998 FEC hearing on the 1996 control. Banning soft money and im- cient funding via the new federal can- elections during which FEC auditors posing disclosure and contribution re- didate filing fees. alleged that the national campaign quirements on sham issue ads aired committees of both major parties vio- close to an election, as provided for The impetus for the Advisory Com- lated campaign finance rules with re- under McCain-Feingold, are absolutely mittee is two-fold: (1) to build a ‘‘con- spect to broadcast advertising. Al- vital reforms, without which the cam- tinuous improvement’’ mechanism into though party leaders maintained that paign finance system will only grow the Federal campaign system, and (2) the advertisements in question were le- less accountable, and more vulnerable to address the demonstrable fact that gitimate ‘‘issue’’ ads appropriately to the appearance, if not the fact, of Congress responds slowly, if at all, to paid for by millions of dollars in ‘‘soft’’ undue influence by big money. the need for changes and updates in our money, based on their investigation, However, I want to broaden the scope campaign laws. In both instances, the the FEC auditors alleged that they of debate, and to begin the process of conclusion is the same: we cannot af- were illegal ads which caused both seeking common ground on important ford to wait twenty-five years or until major party Presidential campaigns to reforms which go beyond the problems a major scandal develops to adapt our exceed the federal spending limit and, of soft money and issue ads. As pre- campaign finance system to changing more importantly, allowed both cam- viously discussed, one of the most glar- circumstances. paigns to ‘‘essentially bilk . . . the fed- ing deficiencies in our current federal The final section of my bill seeks to eral Treasury out of no less than $25 campaign system is the ineffectiveness enhance the effectiveness of campaign March 2, 1999 CONGRESSIONAL RECORD — SENATE S2113 contribution disclosure requirements. Congress will step up to the plate, and ‘‘loser pays’’ standard would apply in such As Justice Brandeis observed, ‘‘Public- fulfill its responsibilities, to give the proceedings. ity is justly commended as a remedy American people a campaign system The Commission would be authorized to for social and industrial diseases. Sun- levy fines, not to exceed $5,000, for minor re- they can have faith in and which can porting violations, and to publish a schedule light is said to be the best of disinfect- preserve and protect our noble democ- for fines for such violations. ants; electric light the most effective racy as we enter a new century. Candidates for the Senate would be re- policeman.’’ This is certainly true in Mr. President, I ask unanimous con- quired to file with the FEC rather than the the realm of campaign finance, and sent that a summary of my bill be Secretary of the Senate. perhaps the most enduring legacy of printed in the RECORD. C. The FEC would be provided with re- the Watergate Reforms of a quarter- There being no objection, the sum- sources in the following manner: century ago is the expanded campaign Consistent with its expanded duties, the mary was ordered to be printed in the FEC would be authorized to receive $50 mil- and financial disclosure requirements RECORD, as follows: lion in FY2000 and FY2001, with this amount which emerged. By and large, they SUMMARY OF FEDERAL ELECTION indexed for inflation thereafter. have served us well, but as with every- ENFORCEMENT AND DISCLOSURE REFORM ACT The funding would be derived from a ‘‘user thing else, they need to be periodically fee’’ imposed on federal candidate and party I. FEC REFORM reviewed and updated in light of expe- committees. The FEC would establish a fee rience. Therefore, based in part on tes- A. The Federal Election Commission (FEC) schedule and determine the requisite fee would be restructured as follows: timony I heard during the 1997 Govern- level to fund the operations of the FEC and The Commission will be composed of 7 the new Advisory Committee on Federal mental Affairs Committee investiga- members appointed by the President who are tion and in part on the FEC’s own rec- Campaign Reform. This determination will specially qualified to serve on the Commis- include a waiver for the first $50,000 raised by ommendations for improved disclosure, sion by reason of relevant knowledge: two campaigns. my bill will make several changes in Republican members appointed by the Presi- II. ADVISORY COMMITTEE ON FEDERAL current disclosure requirements. dent; two Democratic members appointed by CAMPAIGN REFORM Specifically, I am recommending two the President; one member appointed by the reforms which will make it more dif- President from among all other political par- A. A new Advisory Committee on Federal Campaign Reform would be created. ficult for contributors and campaigns ties whose candidates received at least 3% of the national popular vote in the most recent B. The Committee would be composed of 9 alike to turn a blind eye to current dis- members, who are specially qualified to closure requirements by, first, prevent- Presidential or U.S. House or U.S. Senate elections; in the event no third party serve on the Committee by reason of rel- ing a campaign from depositing a con- reached this threshold, the President may evant knowledge, to be appointed as follows: tribution until all of the requisite dis- consider all third parties in making this ap- 1 appointed by the President of the United closure information is provided; and pointment; and two members appointed by States, 1 appointed by the Speaker of the second, requiring those who contribute the President from among 10 nominees sub- House, 1 each appointed by the Majority and $200 or more to provide a signed certifi- mitted by the U.S. Supreme Court. One of Minority Leaders of the U.S. House and Sen- these two members would be chosen by the ate, 1 appointed by the Supreme Court, 1 ap- cation that their contribution is not pointed by the Reform Party (or whatever from a foreign national, and is not the Commission to serve as Chairman. Relevant knowledge (for purposes of quali- third party’s candidate for President re- result of a contribution in the name of ceived the largest number of popular votes in another person. fication for appointment to the FEC) is de- fined to include: the most recent Presidential election), and 1 In addition, my legislation adopts a A higher education degree in government, appointed by the American Political Science number of disclosure recommendations politics, or public or business administra- Association. Committee members would made by the FEC in its 1997 report to tion, or 4 years of relevant work experience elect the Chairman. C. Committee members would each serve Congress, including provisions: requir- in the fields of government or politics, and four-year terms, and would be limited to two ing all reports to be filed by the due A minimum of two years experience in consecutive terms. working on or in relation to Federal election date of the report; requiring all author- D. The appointees by the Supreme Court, law or other Federal electoral issues, or four ized candidate committee reports to be the Reform Party (or other third party), and years of such experience at the state level. filed on a campaign-to-date basis, rath- the American Political Science Association Commissioners will be limited to one 7 er than on a calendar year cycle; and must be individuals who, during the five year term. years before their appointment, have not mandating monthly reporting for multi B. The FEC would be given the following held elective office as a member of the candidate committees which have additional powers: Democratic or Republican Parties, have not raised or spent, or anticipate raising or Electronic filing of all reports required to received any wages or salaries from the spending, in excess of $100,000 in the be filed with the FEC would be mandatory, Democratic or Republican Parties, or have with a waiver permitted for candidates or current election cycle. not provided substantial volunteer services other entities whose total expenditures or It is easy to be pessimistic when con- or made any substantial contribution to the receipts fall below a threshold amount set by sidering campaign finance reform ef- Democratic or Republican Parties, or to a the Commission. The requirement for the forts especially after last year’s inac- Democratic or Republican party public of- submission of hard (paper) copies of such re- tion by the Senate. The public and the fice-holder or candidate for office. media are certainly expecting Congress ports would be continued. E. Relevant knowledge (for purposes of The Commission would be authorized to to fail to take significant action to qualification for appointment to the Com- conduct random audits and investigations in mittee) is defined to include: clean up the scandalous campaign sys- order to increase voluntary compliance with tem under which we now run. But la- A higher education degree in government, campaign finance laws. politics, or public or business administra- dies and gentlemen of the Senate, I The FEC would be authorized to seek court tion, or 4 years of relevant work experience suggest that we cannot afford the lux- enforcement when the Commission believes a in the fields of government or politics, and ury of complacency. We may think we substantial violation is occurring, failure to A minimum of two years experience in will be able to win the next re-election act will result in ‘‘irreparable harm’’ to an working on or in relation to national cam- because the level of outrage and the affected party, expeditious action will not paign finance or other electoral issues, or awareness of the extent of the vulner- cause ‘‘undue harm’’ to the interests of other four years of such experience at the state parties, and the public interest would best be ability of our political system have level. served by the issuance of an injunction. F. The Committee would be authorized to perhaps not yet reached critical mass. The Commission would be authorized to spend $1 million a year in its first year, in- But I am confident that it is only a implement expedited procedures for com- dexed for inflation thereafter. Funding would matter of time, and perhaps the next plaints filed within 60 days of a general elec- be provided by the new campaign user fee election cycle—which will undoubtedly tion. discussed above. feature more unaccountable soft Penalties for knowing and willful viola- G. The Committee would be required to money, more sham issue ads of un- tions of the Federal Election Campaign Act monitor the operation of federal election known parentage, more circumvention would be increased. laws and to submit a report, including rec- of the spirit and in some cases the let- The Commission would be expressly grant- ommended changes in law, to Congress by ed independent litigating authority, includ- April 15 of every odd numbered year. ter of current campaign finance law— ing before the Supreme Court. H. Congress would be required to consider before the scales are decisively tilted Private individuals or groups would be au- the Committee’s recommendations under in favor of reform. thorized to independently seek court en- ‘‘fast track’’ procedures to guarantee expedi- We will have campaign finance re- forcement when the FCC fails to act within tious consideration in both houses of Con- form. The only question is whether this 120 days of when a complaint is filed. A gress. S2114 CONGRESSIONAL RECORD — SENATE March 2, 1999 III. ENHANCED CAMPAIGN FINANCE DISCLOSURE making it more simple and more user growing menace of the AMT. People A. Campaign would be prohibited from put- friendly. who bring children into their homes ting contributions which lack all requisite Imagine for a moment two working will lose the value of the adoption contributor information into any account parents in Arkansas making $33,800. credit. The credit for the elderly and other than an escrow account from which They work hard to spread their in- the disabled will lose its value, and the money cannot be spent. Contributions placed comes far enough to pay their mort- dependant care credit will be effec- in such an account would not be subject to the current ten-day maximum holding period gage and care for their two school-age tively canceled by the AMT. This is ab- on checks. children and one in college. It may sur- surd and the problem must be rectified. B. A new requirement would be placed on prise you to know that this family falls I would like to thank the ranking contributions in excess of $200 (aggregate): a under a tax burden that was created to member of the Finance Committee, written certification by the contributor that ensure that the very wealthy pay their Senate MOYNIHAN, and his very capable the contribution is not derived from any for- fair share of taxes. This family would staffer, Stan Fendley, for working with eign income source, and is not the result of have to pay the AMT. me on this legislation. And I’d like to a reimbursement by another party. While the threshold income limits of thank Senators MOYNIHAN, COCHRAN, C. The current option to file reports sub- the AMT have been set since 1986, in- mitted by registered or certified mail based BREAUX, KERREY, and LANDRIEU for on postmark date would be deleted, thus re- comes have slowly crept up due to in- signing on as original co-sponsors. I en- quiring all reports to be filed by the due date flation. This, coupled with the inclu- courage our colleagues to join us in of the report. sion of family tax credits in AMT li- this common sense approach to helping D. Authorized candidate committee reports ability determination, has led to the working families. would be required to be filed on a campaign- ironic situation that my legislation Mr. President I ask unanimous con- to-date basis, rather than on a calendar year seeks to correct. The Alternative Mini- sent that this bill be printed in the cycle. mum Tax must be changed so that a RECORD with these comments as well E. Monthly reporting would be mandated for multi candidate committees which have family will not be strapped with an as the January 10, 1999 New York raised or spent, or anticipate raising or added tax burden simply because they Times article by David Cay Johnston spending, in excess of $100,000 in the current choose to have children or educate titled ‘‘Funny, They Don’t Look Like election cycle. them. Fat Cats.’’ F. The requirement for filing of last- Not only must we change the AMT, There being no objection, the mate- minute independent expenditures would be we must change it permanently. Last rial was ordered to be printed in the clarified to make clear that such report year, Congress provided a one year pro- RECORD, as follows: must be received within 24 hours after the vision which removed the nonrefund- S. 506 independent expenditure is made. G. Campaign disbursements to secondary able personal credits from AMT liabil- Be it enacted by the Senate and House of Rep- payees who are independent subcontractors ity determination. I was pleased to see resentatives of the United States of America in would have to be reported. the President extend this provision for Congress assembled, H. Political committees, other than au- two more years in his budget. But we SECTION 1. NONREFUNDABLE PERSONAL CRED- thorized candidate committees, which have need to fix this problem permanently ITS FULLY ALLOWED AGAINST REG- received or spent, or anticipate receiving or ULAR TAX LIABILITY. rather than using a band-aid approach (a) IN GENERAL.—Section 26(a) of the Inter- spending, $100,000 or more in the current of year-to-year alterations. nal Revenue Code of 1986 (relating to limita- election cycle would be subjected to the The AMT is a looming peril for a tion based on amount of tax) is amended to same ‘‘last minute’’ contribution reporting massive number of middle-income read as follows: requirements as candidate committees. ‘‘(a) LIMITATION BASED ON AMOUNT OF (Under current law, all contributions of Americans. Two Treasury Department TAX.—The aggregate amount of credits al- $1,000 or more received after the 205th day, economists recently projected that the lowed by this subpart for the taxable year but before 48 hours, before an election must number of households earning from shall not exceed the taxpayer’s regular tax be reported to the FEC within 48 hours.) $30,000 to $50,000 that are subjected to liability for the taxable year.’’ the AMT will more than triple in the (b) CONFORMING AMENDMENTS.—Section By Mrs. LINCOLN (for herself, coming decade. Because the individual 24(d) of the Internal Revenue Code of 1986 is Mr. MOYNIHAN, Mr. BREAUX, Mr. AMT parameters are not indexed for amended by striking paragraphs (2) and by KERREY, Ms. LANDRIEU, and Mr. inflation, 2.8 million taxpayers will redesignating paragraph (3) as paragraph (2). COCHRAN): completely lose these important family (c) EFFECTIVE DATE.—The amendments S. 506. A bill to amend the Internal credits by 2008. On top of this injustice, made by this section shall apply to taxable years beginning after December 31, 1998. Revenue Code of 1986 to permanently many unwitting taxpayers will owe extend the provisions which allow non- penalties and interest on underpaid [From the New York Times, Jan. 10, 1999] refundable personal credits to be fully taxes. Such a situation cannot be al- FUNNY, THEY DON’T LOOK LIKE FAT CATS allowed against regular tax liability; to lowed to exist. While Congress must (By David Cay Johnston) the Committee on Finance. soon address the issue of indexing the Three decades ago, Congress, embarrassed THE WORKING FAMILIES TAX RELIEF ACT AMT for inflation, permanently remov- by the disclosure that 155 wealthy Americans Mrs. LINCOLN. Mr. President, today ing the nonrefundable personal credits had paid no Federal income taxes, enacted I am introducing legislation to ensure from the reach of the AMT is the first legislation aimed at preventing the very rich that middle income working families step to ensuring that America’s mid- from shielding their wealth in tax shelters. receive the tax credits that Congress dle-income taxpayers will receive the Today, that legislation, creating the alter- intended for them. native minimum tax, is instead snaring a financial relief they deserve while rapidly growing number of middle-class tax- There are many absurdities in our avoiding the confusion and frustration payers, forcing them to pay additional tax or tax code, and I look forward to working of year-to-year tax legislation. to lose some of their tax breaks. with my colleagues to reform and sim- American families were given a child Of the more than two million taxpayers plify our entire tax system. Today, tax credit to help them raise their who will be subject this year to the alter- however, I offer a small first step to- kids. Education credits were created to native minimum tax, or A.M.T., about half ward making our tax laws sensible. The help make a college education more af- have incomes of $30,000 to $100,000. Some are legislation I am introducing will pro- fordable for all Americans. These tax single parents with jobs; some are people making as little as $527 a week. Over all, the tect millions of working families by al- credits are good for families. They are number of people affected by the tax is ex- lowing taxpayers to deduct their non- important to working people and they pected to grow 26 percent a year for the next refundable personal credits without are great for the long term future of decade. having to include those credits in any our economy. As our law currently But many of the wealthy will not be determination of Alternative Minimum stands, however, many middle-income among them. Even with the A.M.T., the Tax (AMT) liability. Tax laws created families will not be able to use these number of taxpayers making more than to deal with wealthy folks who overuse credits because they will be either to- $200,000 who pay no taxes has risen to more than 2,000 each year. tax shelters simply should not apply to tally eliminated or significantly re- How a 1969 law aimed at the tax-shy rich middle income families. This legisla- duced by the AMT. The education and became a growing burden on moderate earn- tion is necessary, and it will actually child credits are not, however, the only ers illustrates how tax policy in Washington remove language from the tax code credits that stand to be voided by the can be a fall of mirrors. March 2, 1999 CONGRESSIONAL RECORD — SENATE S2115 While some Republican Congressmen favor regular income tax system, similar in some Rebelein and Jerry Tempalski, also cal- eliminating the tax, other lawmakers say ways but more complex and with its own culated that for households making $15,000 to such a move would be an expensive tax break classifications of deductions, its own rates $30,000 annually, A.M.T. payments will grow for the wealthy—or at lest would be per- and its own paperwork. The idea was that 25-fold, to $1.2 billion, by 2008. ceived that way, and thus would be politi- taxpayers who had escaped the regular tax Last year, many more people would have cally unpalatable. And any overhaul of the universe by piling on credits and deductions been subject to the A.M.T. if Congress had system would need to compensate for the $6.6 would enter this new universe to pay their not made a last-minute fix pushed by Rep- billion that individuals now pay under the fair share. (Likewise, there is a corporate resentative Richard E. Neal, Democrat of A.M.T. This year, such payments will ac- A.M.T. that parallels the corporate income Massachusetts, that—for 1998 only—exempt- count for almost 1 percent of all individual tax.) ed the new child and education credits. The income tax revenue. At first, the burden of the A.M.T. fell move came after I.R.S. officials told Con- ‘‘This is a classic case of both Congress and mainly on the shoulders of business owners gress that the credits added enormous com- the Administration agreeing that the tax and investors, said Robert S. McIntyre, exec- plexity to calculating tax liability. Figuring doesn’t make much sense, but not being able utive director of Citizens for Tax Justice, a out how much the A.M.T. would reduce the to agree on doing anything about it,’’ said C. nonprofit group in Washington that says the credits was beyond the capacity of most tax- Eugene Steuerle, an economist with the tax system favors the rich. Based on I.R.S. payers and even many paid tax preparers, Urban Institute, a nonprofit research organi- data, Mr. McIntyre said he found that 37 per- the I.R.S. officials said. zation in Washington. cent of A.M.T. revenue in 1990 was a result of EVEN if Congress makes a permanent fix Mr. Steuerle was a Treasury Department business owners using losses from previous to the problems created by the child and edu- tax official in 1986, when an overhaul of the years to reduce their regular income taxes; cation credits, it will put only a minor drag tax code set the stage for drawing the middle an additional 18 percent was because of big on the spread of the A.M.T. as long as the class into the A.M.T. deductions for state and local taxes. tax is not indexed for inflation. The two In eliminating most tax shelters for the But that has begun to shift, largely as a re- Treasury economists calculated that reve- wealthy, Congress decided to treat exemp- sult of the 1986 changes, which eliminated nues from the tax would climb to $25 billion tions for children and deductions for medical most tax shelters and lowered tax rates. in 2008 without a fix, or to $21.9 billion with expenses just like special credits for inves- When President Reagan and Congress were one. tors in oil wells, in they cut too deeply into overhauling the tax code, they could not In 1999, if there is no exemption for the a household’s taxable income. make the projected revenues under the new credits, a single parent who does not itemize Congress decided that once these ‘‘tax pref- rules equal those under the old system. deductions but who makes $50,000 and takes erences’’ exceeded certain amounts—$40,000 Huge, and growing, budget deficits made it a credit for the costs of caring for two chil- for a married couple, for example—people politically essential for the official esti- dren while he works, will be subject to the would be moved out of the regular income mates to show that after tax reform, the A.M.T., estimated Jeffrey Pretsfelder, an tax and into the alternative minimum tax. same amount of money would flow to Wash- editor at RIA Group, a publisher of tax infor- At the time, the threshold was high enough ington. to affect virtually no one but the rich. But it One solution, said Mr. Steuerle, the former mation for professionals. has since been raised only once—by 12.5 per- Treasury official, was to count personal and If the tax laws are not changed, 8.8 million cent, to $45,000 for a married couple—while dependent exemptions and some medical ex- taxpayers will have to pay the A.M.T. a dec- the cost of living has risen 43 percent. And so penses as preferences to be reduced or ig- ade from now, the Congressional Joint Com- the limits have sneaked up on growing num- nored under the A.M.T., just as special cred- mittee on Taxation estimated last month. bers of taxpayers of more modest means. its for petroleum investments and other tax Add in the taxpayers who will not receive ‘‘Everyone knew back then that it had shelters are. the full value of their deductions because problems that had to be fixed,’’ Mr. Steuerle Mortgage interest and charitable gifts they run up against the limits set by the recalled. ‘‘They just said, ‘next year.’ ’’ were not counted as preferences, according A.M.T., and the total grows to 11.6 million But ‘‘next year’’ has never come—and it is to tax policy experts who worked on the leg- taxpayers—92 percent of whom have incomes unlikely to arrive in 1999, either. While tax islation, because they generated more money of less than $200,000, the two Treasury econo- policy experts have known for years that the than was needed. mists estimated. middle class would be drawn into the A.M.T., But the A.M.T. has not stayed ‘‘revenue While many lawmakers and Treasury offi- few taxpayers have been clamoring for neutral,’’ in Washington parlance. cials have criticized the impact of the tax on change. The regular income tax was indexed for in- middle-class taxpayers, there are few signs of Among those few, however, are David and flation in 1984, so that taxpayers would not change, as Republicans and the Administra- Margaret Klaassen of Marquette, Kan. Mr. get pushed into higher tax brackets simply tion talk past each others. Klaassen, a lawyer who lives and works out because their income kept pace with the cost Representative Bill Archer, the Texas Re- of a farmhouse, made $89,751.07 in 1997 and of living. publican who as the chairman of the House paid $5,989 in Federal income taxes. Four The A.M.T. limits, however, have not been Ways and Means Committee is the chief tax weeks ago, the Internal Revenue Service indexed. The total allowable exemptions be- writer, said the A.M.T. should be eliminated sent the Klaassens a notice demanding $3,761 fore the tax kicks in have been fixed since in the next budget. more under the alternative minimum tax, in- 1993 at $45,000 for a married couple filing ‘‘Unfortunately, the A.M.T. tax can penal- cluding a penalty because the I.R.S. said the jointly. For unmarried people, the total ize large families, which is part of the reason Klaassens knew they owed the A.M.T. amount is now $33,750, and for married peo- why Republicans for years have tried to Mr. Klaassen acknowledges that he knew ple filing separately, it is $22,500. eliminate it or at least reduce it,’’ Mr. Ar- the I.R.S. would assert that he was subject If the limit had been indexed since 1986, cher said. ‘‘Unfortunately, President Clinton to the A.M.T., but he says the law was not when the A.M.T. was overhauled, it would be blocked our efforts each time.’’ meant to apply to his family. ‘‘I’ve never in- about $57,000 for married couples filing joint- Lawrence H. Summers, the Deputy Treas- vested in a tax shelter,’’ he said. ‘‘I don’t ly—and most middle-income households ury Secretary, said the Administration was even have municipal bonds.’’ would still be exempt. ‘‘very concerned that the A.M.T. has a grow- The Klaassens do, however, have 13 chil- Mr. Steuerle said he warned at the time ing impact on middle-class families, includ- dren and their attendant medical expenses— that including ‘‘normal, routine deductions ing by diluting the child credit, education including the costs of caring for their second and exemptions that everyone takes’’ in the credits and other crucial tax benefits, and we son, Aaron, 17, who has battled leukemia for list of preferences would eventually turn the hope to address this issue in the President’s years. It was those exemptions and deduc- A.M.T. into a tax on the middle class. budget. tions that subjected them to the A.M.T. That appears to be exactly what has hap- ‘‘Subject to budget constraints, we look ‘‘What kind of policy taxes you for spend- pened. ing money to save your child’s life?’’ Mr. For example, a married person who makes forward to working with Congress on this Klaassen asked. just $527 a week and files her tax return sepa- important issue,’’ he continued. The tax affects taxpayers in three ways. rately can be subject to the tax, said David That revenue concerns have thwarted ex- Some, like the Klaassens, pay the tax at ei- S. Hulse, an assistant professor of account- empting the middle class runs counter to the ther a 26 percent or a 28 percent rate because ing at the University of Kentucky. reason Congress initially imposed the tax. they have more than $45,000 in exemptions And the Taxpayer Relief Act of 1997, which ‘‘You need an A.M.T. because people who and deductions. Others do not pay the A.M.T. allows a $500-a-child tax credit as well as make a lot of money should pay some in- itself, but they cannot take the full tax education credits, may make even more mid- come taxes,’’ said Mr. McIntrye, of Citizens breaks they would have received under the dle-class families subject to the A.M.T. by for Tax Justice. ‘‘If you believe, like Mr. Ar- regular income tax system without running reducing the value of those credits. cher and a lot of Republicans do, that the up against limits set by the A.M.T. The Two Treasury Department economists re- more you make the less in taxes you should A.M.T. can also convert tax-exempt income cently calculated that largely because of the pay, then of course you are against the from certain bonds and from exercising in- new credits, the number of households mak- A.M.T. But somehow I don’t think some peo- centive stock options into taxable income. ing $30,000 to $50,000 who must pay the alter- ple see it that way.’’ It may be useful to think of the alternative native minimum tax will more than triple in The Klaassens, meanwhile, are challenging minimum tax as a parallel universe to the the coming decade. The economists, Robert the A.M.T. in Federal Court. The United S2116 CONGRESSIONAL RECORD — SENATE March 2, 1999 States Court of Appeals for the 10th Circuit chairman of the House Ways and Means mates and project revisions provided is scheduled to hear arguments in March on Committee, two years ago proposed raising by the Corps of Engineers. their claim that the tax infringes their reli- the $45,000 AMT exemption for a married This legislation authorizes the con- gious freedom. The Klaassens, who are Pres- couple by $1,000. But that would leave many struction of 37 new flood control, navi- byterians, said they believe children ‘‘are a middle-class families subject to the tax, be- blessing from God, and so we do not practice cause it would not fully account for infla- gation, environmental restoration, birth control,’’ Mr. Klaassen said. tion. To do that would require an exemption hurricane protection and shoreline ero- When Mr. Klaassen wrote to an I.R.S. offi- of about $57,000, followed by automatic infla- sion control and recreation projects. It cial complaining that a $1,085 bill for the tion adjustments. That is the most widely modifies 43 previously authorized A.M.T. for 1994 resulted from the size of his favored approach, drawing support from peo- projects and calls on the Corps of Engi- family, he got back a curt letter saying that ple like J.D. Foster, executive director of the neers to conduct 29 studies to deter- his ‘‘analysis of the alternative minimum Tax Foundation, a group supported by cor- mine the economic justification of fu- tax’s effect on large families was interesting porations, and Robert S. McIntyre, executive ture water resource projects. but inappropriate’’ and advising him that it director of Citizens for Tax Justice, which is Mr. President, the landmark Water was medical deductions, not family size, that financed in part by unions and contends that subjected him to the A.M.T. the tax system favors the rich. Resources Development Act of 1986 es- Under the regular tax system, medical ex- Exempt child and education credits—For tablished the principle of cost-sharing penses above 7.5 percent of adjusted gross in- 1998 only, Congress exempted the child tax of economically justified projects that come—the last line on the front page of credit and the education tax credits from the have a federal interest. Local interests Form 1040—are deductible. Under the A.M.T., AMT. But millions of taxpayers will lose are required to share 35 percent of the the threshold is raised to 10 percent. these credits, or get only part of them, un- cost of construction of flood control Still doubting the I.S.R.’s math, Mr. less Congress makes a fix each year or per- and hurricane protection and shoreline Klaassen decided to test what would have manently exempts them. happened had he filed the same tax return, Eliminate it—Mr. Archer and other Repub- erosion control projects. The non-fed- changing only the number of children he licans want to get rid of the AMT but have eral financial requirements for naviga- claimed as dependents. He found that if he not proposed how to make up for the lost tion projects depend on the depth of has seven or fewer children, the A.M.T. revenue, which in a decade is expected to the project and range from 25 percent would not have applied in 1994. grow to $25 billion annually. Recently, how- to 50 percent of the cost of construc- But the eighth child set off the A.M.T., at ever, Mr. Archer has said that in a period of tion. a cost of $223. Having nine children raised Federal budget surpluses, it may be time to The legislation we are introducing the bill to $717. And 10 children, the number scrap the budget rules that require paying today is consistent with the cost shar- he had in 1994, increased that sum to $1,085— for tax cuts with reduced spending or tax in- the amount the I.R.S. said was due. creases elsewhere. ing provisions of prior water resource ‘‘We love this country and we believe in laws. Also, the Committee has been paying taxes,’’ Mr. Klaassen said. ‘‘But we By Mr. WARNER (for himself, consistent in requiring that every new cannot believe that Congress ever intended Mr. CHAFEE, Mr. BAUCUS, Mr. construction project receive a to apply this tax to our family solely be- VOINOVICH, Mr. LAUTENBERG, cmpleted project report by the Chief of cause of how many children we choose to Engineers before it is included in this have. And I have shown that we are subject Mr. BENNETT, and Mrs. BOXER): to the AMT solely because we have chosen S. 507. A bill to provide for the con- legislation. not to limit the size of our family.’’ servation and development of water As the former Chairman of the Sub- The IRS, in papers opposing the Klaassens, and related resources, to authorize the committee on Transportation and In- noted that tax deductions are not a right but Secretary of the Army to construct frastructure, I commend Chairman a matter of ‘‘legislative grace.’’ various projects for improvements to CHAFEE and Senator BAUCUS for stand- Mr. Klaassen turned to the Federal courts rivers and harbors of the United ing firm in support of these cost-shar- after losing in Tax court. The opinion by Tax ing and economic benefits tests. These Court Judge Robert N. Armen Jr. was States, and for other purposes; to the summed up this way by Tax Notes, a maga- Committee on Environment and Public policies have proven effective in au- zine that critiques tax policy: ‘‘Congress in- Works. thorizing projects that are worthy of tended the alternative minimum tax to af- THE WATER RESOURCES DEVELOPMENT ACT OF federal investment and have the strong fect large families when it made personal ex- 1999 support of local sponsors. No other ap- emptions a preference item.’’ Mr. WARNER. Mr. President, I am proach has been more effective in Several tax experts said that Mr. Klaassen pleased to introduce today legislation weeding out questionable projects than had little chance of success in the courts be- to reauthorize the civil works mission requiring either a state or the local cause the statute treating children as tax preferences was clear. They also said that of the Corps of Engineers. government to contribute to the cost nothing in the AMT laws was specifically I am joined today by the Chairman of of engineering, design and construction aimed at his religious beliefs. the Committee on Environment and of a project. Meanwhile, for people who make $200,000 or Pubic Works, Senator CHAFEE; the I am pleased that this financial com- more, the AMT will be less of a burden this Committee’s Ranking Member, Sen- mitments from local sponsors, that year because of the Taxpayer Relief Act of ator BAUCUS; the new Chairman of the have been thoroughly evaluated and re- 1997, which included a provision lowering the Subcommittee on Transportation and ceived a report from the Chief of Engi- maximum tax rate on capital gains for both Infrastructure, Senator VOINOVICH; neers, and have demonstrated that the the regular tax and the AMT to 20 percent. Mr. Rebelein and Mr. Tempalski, the Senator BENNETT, Senator LAUTEN- economic benefits to be achieved by Treasury Department economists, calculated BERG, and Senator BOXER in cosponsor- the project exceed the federal costs. recently that people making more than ing this legislation. These fundamental requirements are $200,000 would pay a total of 4 percent less in Since 1986, it has been the policy and applied to each project and only those AMT for 1998 because of the 1997 law. By 2008, practice of the Congress to reauthorize that meet all of these tests are in- their savings will be 9 percent, largely as a Corps of Engineers civil works activi- cluded in this legislation. result of lower capital gains rates and ties—projects for flood control, naviga- Mr. President, this legislation is changed accounting rules for business own- tion, hurricane protection and erosion critically important to many commu- ers. ‘‘This law was passed to catch people who control, and environmental restora- nities who have already contributed use tax shelters to avoid their obligations,’’ tion—on a two-year cycle. Last year, significant resources to prepare these Mr. Klaassen said. ‘‘But instead of catching the Senate passed S. 2131 by unanimous projects for authorization. There is them it hits people like me. This is just consent. Regrettably, the House was ample evidence to confirm that the fed- nuts.’’ unable to consider companion legisla- eral investment in water resource THREE WAYS TO DEAL WITH A TAXING PROBLEM tion. projects is a wise investment of tax- President Clinton, his tax policy advisers In an effort to keep these critically payer dollars. In 1997 alone, Corps flood and the Republicans who control the tax needed projects on schedule, I am control projects prevented approxi- writing committees in Congress all agree pleased that the Chairman CHAFEE and mately $45.2 billion in damages. The that the alternative minimum tax is a grow- Majority Leader LOTT have indicated continued maintenance and deepening ing problem for the middle class. But there is their strong support for promptly con- of our commercial waterways remains no agreement on what to do. Here are some options that have been discussed. sidering this bill this year. The bill I critical to the U.S. successfully com- Raise the exemption—Representative Bill am introducing today mirrors S. 2131 peting in a one-world marketplace. The Archer, the Texas Republican who is the passed last year with updated cost esti- value of commerce on these waterways March 2, 1999 CONGRESSIONAL RECORD — SENATE S2117 totaled over $600 billion in 1996, gener- Sec. 302. Upper Susquehanna River basin, (A) IN GENERAL.—The project for flood ating 15.9 million jobs. Pennsylvania and New York. damage reduction described as the Folsom It is important for the Committee to Sec. 303. Small flood control projects. Stepped Release Plan in the Corps of Engi- enact this bill prior to the appropria- Sec. 304. Small navigation projects. neers Supplemental Information Report for Sec. 305. Streambank protection projects. the American River Watershed Project, Cali- tions cycle this year. I pledge to work Sec. 306. Aquatic ecosystem restoration, fornia, dated March 1996, at a total cost of with my colleagues so that the full Springfield, Oregon. $505,400,000, with an estimated Federal cost Senate can soon consider this bill. Sec. 307. Guilford and New Haven, Connecti- of $329,300,000 and an estimated non-Federal At this time, Mr. President, I ask cut. cost of $176,100,000. unanimous consent that the full text of Sec. 308. Francis Bland Floodway Ditch. (B) IMPLEMENTATION.— Sec. 309. Caloosahatchee River basin, Flor- the bill be printed in the RECORD. (i) IN GENERAL.—Implementation of the There being no objection, the text of ida. measures by the Secretary pursuant to sub- Sec. 310. Cumberland, Maryland, flood the bill was ordered to be printed in paragraph (A) shall be undertaken after com- project mitigation. pletion of the levee stabilization and the RECORD, as follows: Sec. 311. City of Miami Beach, Florida. strengthening and flood warning features au- S. 507 Sec. 312. Sardis Reservoir, Oklahoma. thorized by section 101(a)(1) of the Water Re- Be it enacted by the Senate and House of Rep- Sec. 313. Upper Mississippi River and Illinois sources Development Act of 1996 (110 Stat. resentatives of the United States of America in waterway system navigation 3662). Congress assembled, modernization. (ii) FOLSOM DAM AND RESERVOIR.—The Sec- Sec. 314. Upper Mississippi River manage- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. retary may undertake measures at the Fol- ment. (a) SHORT TITLE.—This Act may be cited as som Dam and Reservoir authorized under the ‘‘Water Resources Development Act of Sec. 315. Research and development program subparagraph (A) only after reviewing the 1999’’. for Columbia and Snake Rivers design of such measures to determine if salmon survival. (b) TABLE OF CONTENTS.—The table of con- modifications are necessary to account for tents for this Act is as follows: Sec. 316. Nine Mile Run habitat restoration, changed hydrologic conditions and any other Pennsylvania. changed conditions in the project area, in- Sec. 1. Short title; table of contents. Sec. 317. Larkspur Ferry Channel, Califor- Sec. 2. Definition of Secretary. cluding operational and construction im- nia. pacts that have occurred since completion of TITLE I—WATER RESOURCES PROJECTS Sec. 318. Comprehensive Flood Impact-Re- the report referred to in subparagraph (A). Sec. 101. Project authorizations. sponse Modeling System. The Secretary shall conduct the review and Sec. 102. Project modifications. Sec. 319. Study regarding innovative financ- develop the modifications to the Folsom Sec. 103. Project deauthorizations. ing for small and medium-sized Dam and Reservoir with the full participa- Sec. 104. Studies. ports. tion of the Secretary of the Interior. TITLE II—GENERAL PROVISIONS Sec. 320. Candy Lake project, Osage County, (iii) REMAINING DOWNSTREAM ELEMENTS.— Sec. 201. Flood hazard mitigation and Oklahoma. (I) IN GENERAL.—Implementation of the re- Sec. 321. Salcha River and Piledriver riverine ecosystem restoration maining downstream elements authorized Slough, Fairbanks, Alaska. program. pursuant to subparagraph (A) may be under- Sec. 202. Shore protection. Sec. 322. Eyak River, Cordova, Alaska. Sec. 203. Small flood control authority. Sec. 323. North Padre Island storm damage taken only after the Secretary, in consulta- Sec. 204. Use of non-Federal funds for com- reduction and environmental tion with affected Federal, State, regional, piling and disseminating infor- restoration project. and local entities, has reviewed the elements mation on floods and flood Sec. 324. Kanopolis Lake, Kansas. to determine if modifications are necessary damages. Sec. 325. New York City watershed. to address changes in the hydrologic condi- Sec. 205. Everglades and south Florida eco- Sec. 326. City of Charlevoix reimbursement, tions, any other changed conditions in the system restoration. Michigan. project area that have occurred since com- Sec. 206. Aquatic ecosystem restoration. Sec. 327. Hamilton Dam flood control pletion of the report referred to in subpara- Sec. 207. Beneficial uses of dredged material. project, Michigan. graph (A) and any design modifications for Sec. 208. Voluntary contributions by States Sec. 328. Holes Creek flood control project, the Folsom Dam and Reservoir made by the and political subdivisions. Ohio. Secretary in implementing the measures re- Sec. 209. Recreation user fees. Sec. 329. Overflow management facility, ferred to in clause (ii), and has issued a re- Sec. 210. Water resources development stud- Rhode Island. port on the review. ies for the Pacific region. SEC. 2. DEFINITION OF SECRETARY. (II) PRINCIPLES AND GUIDELINES.—The re- Sec. 211. Missouri and Middle Mississippi In this Act, the term ‘‘Secretary’’ means view shall be prepared in accordance with Rivers enhancement project. the Secretary of the Army. the economic and environmental principles Sec. 212. Outer Continental Shelf. and guidelines for water and related land re- Sec. 213. Environmental dredging. TITLE I—WATER RESOURCES PROJECTS sources implementation studies, and no con- Sec. 214. Benefit of primary flood damages SEC. 101. PROJECT AUTHORIZATIONS. struction may be initiated unless the Sec- avoided included in benefit-cost (a) PROJECTS WITH CHIEF’S REPORTS.—The retary determines that the remaining down- analysis. following projects for water resources devel- stream elements are technically sound, envi- Sec. 215. Control of aquatic plant growth. opment and conservation and other purposes ronmentally acceptable, and economically Sec. 216. Environmental infrastructure. are authorized to be carried out by the Sec- justified. Sec. 217. Watershed management, restora- retary substantially in accordance with the (5) LLAGAS CREEK, CALIFORNIA.—The tion, and development. plans, and subject to the conditions, de- project for completion of the remaining Sec. 218. Lakes program. Sec. 219. Sediments decontamination policy. scribed in the respective reports designated reaches of the Natural Resources Conserva- Sec. 220. Disposal of dredged material on in this section: tion Service flood control project at Llagas beaches. (1) SAND POINT HARBOR, ALASKA.—The Creek, California, undertaken pursuant to Sec. 221. Fish and wildlife mitigation. project for navigation, Sand Point Harbor, section 5 of the Watershed Protection and Sec. 222. Reimbursement of non-Federal in- Alaska: Report of the Chief of Engineers Flood Prevention Act (16 U.S.C. 1005), sub- terest. dated October 13, 1998, at a total cost of stantially in accordance with the require- Sec. 223. National Contaminated Sediment $11,760,000, with an estimated Federal cost of ments of local cooperation as specified in Task Force. $6,964,000 and an estimated non-Federal cost section 4 of that Act (16 U.S.C. 1004) at a Sec. 224. Great Lakes basin program. of $4,796,000. total cost of $45,000,000, with an estimated Sec. 225. Projects for improvement of the (2) RIO SALADO (SALT RIVER), ARIZONA.—The Federal cost of $21,800,000 and an estimated environment. project for environmental restoration, Rio non-Federal share of $23,200,000. Sec. 226. Water quality, environmental qual- Salado (Salt River), Arizona: Report of the (6) SOUTH SACRAMENTO COUNTY STREAMS, ity, recreation, fish and wild- Chief of Engineers dated August 20, 1998, at a CALIFORNIA.—The project for flood control, life, flood control, and naviga- total cost of $88,048,000, with an estimated environmental restoration, and recreation, tion. Federal cost of $56,355,000 and an estimated South Sacramento County streams, Califor- Sec. 227. Irrigation diversion protection and non-Federal cost of $31,693,000. nia: Report of the Chief of Engineers dated fisheries enhancement assist- (3) TUCSON DRAINAGE AREA, ARIZONA.—The October 6, 1998, at a total cost of $65,500,000, ance. project for flood damage reduction, environ- with an estimated Federal cost of $41,200,000 Sec. 228. Small storm damage reduction mental restoration, and recreation, Tucson and an estimated non-Federal cost of projects. drainage area, Arizona: Report of the Chief $24,300,000. Sec. 229. Shore damage prevention or miti- of Engineers dated May 20, 1998, at a total (7) UPPER GUADALUPE RIVER, CALIFORNIA.— gation. cost of $29,900,000, with an estimated Federal Construction of the locally preferred plan for TITLE III—PROJECT-RELATED cost of $16,768,000 and an estimated non-Fed- flood damage reduction and recreation, PROVISIONS eral cost of $13,132,000. Upper Guadalupe River, California, described Sec. 301. Dredging of salt ponds in the State (4) AMERICAN RIVER WATERSHED, CALIFOR- as the Bypass Channel Plan of the Chief of of Rhode Island. NIA.— Engineers dated August 19, 1998, at a total S2118 CONGRESSIONAL RECORD — SENATE March 2, 1999 cost of $137,600,000, with an estimated Fed- Georgia: Report of the Chief of Engineers ance with the plans, and subject to the con- eral cost of $44,000,000 and an estimated non- dated October 6, 1998, at a total cost of ditions recommended in a final report of the Federal cost of $93,600,000. $50,717,000, with an estimated Federal cost of Chief of Engineers as approved by the Sec- (8) YUBA RIVER BASIN, CALIFORNIA.—The $32,966,000 and an estimated non-Federal cost retary, if the report of the Chief is completed project for flood damage reduction, Yuba of $17,751,000. not later than December 31, 1999: River Basin, California: Report of the Chief (16) BEARGRASS CREEK, KENTUCKY.—The (1) NOME HARBOR IMPROVEMENTS, ALASKA.— of Engineers dated November 25, 1998, at a project for flood damage reduction, The project for navigation, Nome Harbor Im- total cost of $26,600,000, with an estimated Beargrass Creek, Kentucky: Report of the provements, Alaska, at a total cost of Federal cost of $17,350,000 and an estimated Chief of Engineers dated May 12, 1998, at a $24,608,000, with an estimated first Federal non-Federal cost of $9,250,000. total cost of $11,172,000, with an estimated cost of $19,660,000 and an estimated first non- (9) DELAWARE BAY COASTLINE: DELAWARE Federal cost of $7,262,000 and an estimated Federal cost of $4,948,000. AND NEW JERSEY-BROADKILL BEACH, DELA- non-Federal cost of $3,910,000. (2) SEWARD HARBOR, ALASKA.—The project WARE.— (17) AMITE RIVER AND TRIBUTARIES, LOUISI- for navigation, Seward Harbor, Alaska, at a (A) IN GENERAL.—The project for hurricane ANA, EAST BATON ROUGE PARISH WATERSHED.— total cost of $12,240,000, with an estimated and storm damage reduction and shore pro- The project for flood damage reduction and first Federal cost of $4,364,000 and an esti- tection, Delaware Bay coastline: Delaware recreation, Amite River and Tributaries, mated first non-Federal cost of $7,876,000. and New Jersey-Broadkill Beach, Delaware, Louisiana, East Baton Rouge Parish Water- (3) HAMILTON AIRFIELD WETLAND RESTORA- Report of the Chief of Engineers dated Au- shed: Report of the Chief of Engineers, dated TION, CALIFORNIA.—The project for environ- gust 17, 1998, at a total cost of $9,049,000, with December 23, 1996, at a total cost of mental restoration at Hamilton Airfield, an estimated Federal cost of $5,674,000 and an $112,900,000, with an estimated Federal cost California, at a total cost of $55,200,000, with estimated non-Federal cost of $3,375,000. of $73,400,000 and an estimated non-Federal an estimated Federal cost of $41,400,000 and (B) PERIODIC NOURISHMENT.—Periodic nour- cost of $39,500,000. an estimated non-Federal cost of $13,800,000. ishment is authorized for a 50-year period at (18) BALTIMORE HARBOR ANCHORAGES AND (4) OAKLAND, CALIFORNIA.— an estimated average annual cost of $538,200, CHANNELS, MARYLAND AND VIRGINIA.—The (A) IN GENERAL.—The project for naviga- with an estimated annual Federal cost of project for navigation, Baltimore Harbor An- tion and environmental restoration, Oak- $349,800 and an estimated annual non-Federal chorages and Channels, Maryland and Vir- cost of $188,400. ginia: Report of the Chief of Engineers, dated land, California, at a total cost of $214,340,000, with an estimated Federal cost (10) DELAWARE BAY COASTLINE: DELAWARE June 8, 1998, at a total cost of $28,430,000, of $143,450,000 and an estimated non-Federal AND NEW JERSEY-PORT MAHON, DELAWARE.— with an estimated Federal cost of $19,000,000 cost of $70,890,000. (A) IN GENERAL.—The project for ecosystem and an estimated non-Federal cost of restoration and shore protection, Delaware $9,430,000. (B) BERTHING AREAS AND OTHER LOCAL SERVICE FACILITIES Bay coastline: Delaware and New Jersey- (19) RED LAKE RIVER AT CROOKSTON, MIN- .—The non-Federal inter- Port Mahon, Delaware: Report of the Chief of NESOTA.—The project for flood damage re- ests shall provide berthing areas and other Engineers dated September 28, 1998, at a duction, Red Lake River at Crookston, Min- local service facilities necessary for the total cost of $7,644,000, with an estimated nesota: Report of the Chief of Engineers, project at an estimated cost of $42,310,000. Federal cost of $4,969,000 and an estimated dated April 20, 1998, at a total cost of (5) DELAWARE BAY COASTLINE: DELAWARE non-Federal cost of $2,675,000. $8,950,000, with an estimated Federal cost of AND NEW JERSEY-ROOSEVELT INLET-LEWES (B) PERIODIC NOURISHMENT.—Periodic nour- $5,720,000 and an estimated non-Federal cost BEACH, DELAWARE.— ishment is authorized for a 50-year period at of $3,230,000. (A) IN GENERAL.—The project for naviga- an estimated average annual cost of $234,000, (20) NEW JERSEY SHORE PROTECTION, TOWN- tion mitigation, shore protection, and hurri- with an estimated annual Federal cost of SENDS INLET TO CAPE MAY INLET, NEW JER- cane and storm damage reduction, Delaware $152,000 and an estimated annual non-Federal SEY.— Bay coastline: Delaware and New Jersey- cost of $82,000. (A) IN GENERAL.—The project for hurricane Roosevelt Inlet-Lewes Beach, Delaware, at a (11) HILLSBORO AND OKEECHOBEE AQUIFER and storm damage reduction, ecosystem res- total cost of $3,393,000, with an estimated STORAGE AND RECOVERY PROJECT, FLORIDA.— toration, and shore protection, New Jersey Federal cost of $2,620,000 and an estimated The project for aquifer storage and recovery coastline, Townsends Inlet to Cape May non-Federal cost of $773,000. described in the Corps of Engineers Central Inlet, New Jersey: Report of the Chief of En- (B) PERIODIC NOURISHMENT.—Periodic nour- and Southern Florida Water Supply Study, gineers dated September 28, 1998, at a total ishment is authorized for a 50-year period at Florida, dated April 1989, and in House Docu- cost of $56,503,000, with an estimated Federal an estimated average annual cost of $196,000, ment 369, dated July 30, 1968, at a total cost cost of $36,727,000 and an estimated non-Fed- with an estimated annual Federal cost of of $27,000,000, with an estimated Federal cost eral cost of $19,776,000. $152,000 and an estimated annual non-Federal of $13,500,000 and an estimated non-Federal (B) PERIODIC NOURISHMENT.—Periodic nour- cost of $44,000. cost of $13,500,000. ishment is authorized for a 50-year period at (6) DELAWARE COAST FROM CAPE HENELOPEN (12) INDIAN RIVER COUNTY, FLORIDA.—Not- an estimated average annual cost of TO FENWICK ISLAND, BETHANY BEACH/SOUTH withstanding section 1001(a) of the Water Re- $2,000,000, with an estimated annual Federal BETHANY BEACH, DELAWARE.— sources Development Act of 1986 (33 U.S.C. cost of $1,300,000 and an estimated annual (A) IN GENERAL.—The project for hurricane 579a(a)), the project for shoreline protection, non-Federal cost of $700,000. and storm damage reduction and shore pro- Indian River County, Florida, authorized by (21) PARK RIVER, NORTH DAKOTA.— tection, Delaware Coast from Cape section 501(a) of that Act (100 Stat. 4134), (A) IN GENERAL.—Subject to the condition Henelopen to Fenwick Island, Bethany shall remain authorized for construction stated in subparagraph (B), the project for Beach/South Bethany Beach, Delaware, at a through December 31, 2002. flood control, Park River, Grafton, North total cost of $22,205,000, with an estimated (13) LIDO KEY BEACH, SARASOTA, FLORIDA.— Dakota, authorized by section 401(a) of the Federal cost of $14,433,000 and an estimated (A) IN GENERAL.—The project for shore pro- Water Resources Development Act of 1986 non-Federal cost of $7,772,000. tection at Lido Key Beach, Sarasota, Flor- (100 Stat. 4121) and deauthorized under sec- (B) PERIODIC NOURISHMENT.—Periodic nour- ida, authorized by section 101 of the River tion 1001(a) of the Water Resources Develop- ishment is authorized for a 50-year period at and Harbor Act of 1970 (84 Stat. 1819) and de- ment Act of 1986 (33 U.S.C. 579a), at a total an estimated average annual cost of authorized by operation of section 1001(b) of cost of $28,100,000, with an estimated Federal $1,584,000, with an estimated annual Federal the Water Resources Development Act of cost of $18,265,000 and an estimated non-Fed- cost of $1,030,000 and an estimated annual 1986 (33 U.S.C. 579a(b)), is authorized to be eral cost of $9,835,000. non-Federal cost of $554,000. carried out by the Secretary at a total cost (B) CONDITION.—No construction may be (7) JACKSONVILLE HARBOR, FLORIDA.—The of $5,200,000, with an estimated Federal cost initiated unless the Secretary determines project for navigation, Jacksonville Harbor, of $3,380,000 and an estimated non-Federal through a general reevaluation report using Florida, at a total cost of $26,116,000, with an cost of $1,820,000. current data, that the project is technically estimated Federal cost of $9,129,000 and an (B) PERIODIC NOURISHMENT.—Periodic nour- sound, environmentally acceptable, and eco- estimated non-Federal cost of $16,987,000. ishment is authorized for a 50-year period at nomically justified. (8) LITTLE TALBOT ISLAND, DUVAL COUNTY, an estimated average annual cost of $602,000, (22) SALT CREEK, GRAHAM, TEXAS.—The FLORIDA.—The project for hurricane and with an estimated annual Federal cost of project for flood control, environmental res- storm damage prevention and shore protec- $391,000 and an estimated annual non-Federal toration, and recreation, Salt Creek, tion, Little Talbot Island, Duval County, cost of $211,000. Graham, Texas: Report of the Chief of Engi- Florida, at a total cost of $5,915,000, with an (14) TAMPA HARBOR-BIG BEND CHANNEL, neers dated October 6, 1998, at a total cost of estimated Federal cost of $3,839,000 and an FLORIDA.—The project for navigation, Tampa $10,080,000, with an estimated Federal cost of estimated non-Federal cost of $2,076,000. Harbor-Big Bend Channel, Florida: Report of $6,560,000 and an estimated non-Federal cost (9) PONCE DE LEON INLET, VOLUSIA COUNTY, the Chief of Engineers dated October 13, 1998, of $3,520,000. FLORIDA.—The project for navigation and at a total cost of $12,356,000, with an esti- (b) PROJECTS SUBJECT TO A FINAL RE- recreation, Ponce de Leon Inlet, Volusia mated Federal cost of $6,235,000 and an esti- PORT.—The following projects for water re- County, Florida, at a total cost of $5,454,000, mated non-Federal cost of $6,121,000. sources development and conservation and with an estimated Federal cost of $2,988,000 (15) BRUNSWICK HARBOR, GEORGIA.—The other purposes are authorized to be carried and an estimated non-Federal cost of project for navigation, Brunswick Harbor, out by the Secretary substantially in accord- $2,466,000. March 2, 1999 CONGRESSIONAL RECORD — SENATE S2119

(10) SAVANNAH HARBOR EXPANSION, GEOR- ment Act of 1986 (100 Stat. 4145) and de- sound, environmentally acceptable, and eco- GIA.— authorized under section 1001(a) of that Act nomically justified, as applicable: (A) IN GENERAL.—Subject to subparagraph (33 U.S.C. 579a(a)) is authorized to be carried (1) THORNTON RESERVOIR, COOK COUNTY, IL- (B), the Secretary may carry out the project out by the Secretary. LINOIS.— for navigation, Savannah Harbor expansion, (B) CONDITION.—No construction may be (A) IN GENERAL.—The Thornton Reservoir Georgia, substantially in accordance with initiated unless the Secretary determines project, an element of the project for flood the plans, and subject to the conditions, rec- through a general reevaluation report using control, Chicagoland Underflow Plan, Illi- ommended in a final report of the Chief of current data, that the project is technically nois, authorized by section 3(a)(5) of the Engineers, with such modifications as the sound, environmentally acceptable, and eco- Water Resources Development Act of 1988 Secretary deems appropriate, at a total cost nomically justified. (102 Stat. 4013), is modified to authorize the of $230,174,000 (of which amount a portion is (15) HOWARD HANSON DAM, WASHINGTON.— Secretary to include additional permanent authorized for implementation of the mitiga- The project for water supply and ecosystem flood control storage attributable to the tion plan), with an estimated Federal cost of restoration, Howard Hanson Dam, Washing- Thorn Creek Reservoir project, Little Cal- $145,160,000 and an estimated non-Federal ton, at a total cost of $75,600,000, with an es- umet River Watershed, Illinois, approved cost of $85,014,000. timated Federal cost of $36,900,000 and an es- under the Watershed Protection and Flood (B) CONDITIONS.—The project authorized by timated non-Federal cost of $38,700,000. Prevention Act (16 U.S.C. 1001 et seq.). subparagraph (A) may be carried out only SEC. 102. PROJECT MODIFICATIONS. (B) COST SHARING.—Costs for the Thornton after— (a) PROJECTS WITH REPORTS.— Reservoir project shall be shared in accord- (i) the Secretary, in consultation with af- (1) SAN LORENZO RIVER, CALIFORNIA.—The ance with section 103 of the Water Resources fected Federal, State, regional, and local en- project for flood control, San Lorenzo River, Development Act of 1986 (33 U.S.C. 2213). tities, has reviewed and approved an Envi- California, authorized by section 101(a)(5) of (C) TRANSITIONAL STORAGE.—The Secretary ronmental Impact Statement that includes— the Water Resources Development Act of of Agriculture may cooperate with non-Fed- (I) an analysis of the impacts of project 1996 (110 Stat. 3663), is modified to authorize eral interests to provide, on a transitional depth alternatives ranging from 42 feet the Secretary to include as a part of the basis, flood control storage for the Thorn through 48 feet; and project streambank erosion control meas- Creek Reservoir project in the west lobe of (II) a selected plan for navigation and asso- ciated mitigation plan as required by section ures to be undertaken substantially in ac- the Thornton quarry. 906(a) of the Water Resources Development cordance with the report entitled ‘‘Bank Sta- (D) CREDITING.—The Secretary may credit Act of 1986 (33 U.S.C. 2283); and bilization Concept, Laurel Street Exten- against the non-Federal share of the Thorn- (ii) the Secretary of the Interior, the Sec- sion’’, dated April 23, 1998, at a total cost of ton Reservoir project all design and con- retary of Commerce, and the Administrator $4,000,000, with an estimated Federal cost of struction costs incurred by the non-Federal of the Environmental Protection Agency, $2,600,000 and an estimated non-Federal cost interests before the date of enactment of this with the Secretary, have approved the se- of $1,400,000. Act. lected plan and have determined that the (2) WOOD RIVER, GRAND ISLAND, NEBRASKA.— (E) REEVALUATION REPORT.—The Secretary mitigation plan adequately addresses the po- The project for flood control, Wood River, shall determine the credits authorized by tential environmental impacts of the Grand Island, Nebraska, authorized by sec- subparagraph (D) that are integral to the project. tion 101(a)(19) of the Water Resources Devel- Thornton Reservoir project and the current (C) MITIGATION REQUIREMENTS.—The miti- opment Act of 1996 (110 Stat. 3665) is modified total project costs based on a limited re- gation plan shall be implemented in advance to authorize the Secretary to construct the evaluation report. of or concurrently with construction of the project in accordance with the Corps of Engi- (2) WELLS HARBOR, WELLS, MAINE.— project. neers report dated June 29, 1998, at a total (A) IN GENERAL.—The project for naviga- (11) TURKEY CREEK BASIN, KANSAS CITY, MIS- cost of $17,039,000, with an estimated Federal tion, Wells Harbor, Maine, authorized by sec- SOURI AND KANSAS CITY, KANSAS.—The project cost of $9,730,000 and an estimated non-Fed- tion 101 of the River and Harbor Act of 1960 for flood damage reduction, Turkey Creek eral cost of $7,309,000. (74 Stat. 480), is modified to authorize the Basin, Kansas City, Missouri, and Kansas (3) ABSECON ISLAND, NEW JERSEY.—The Secretary to realign the channel and anchor- City, Kansas, at a total cost of $42,875,000 project for Absecon Island, New Jersey, au- age areas based on a harbor design capacity with an estimated Federal cost of $25,596,000 thorized by section 101(b)(13) of the Water of 150 craft. and an estimated non-Federal cost of Resources Development Act of 1996 (110 Stat. (B) DEAUTHORIZATION OF CERTAIN POR- $17,279,000. 3668) is amended to authorize the Secretary TIONS.—The following portions of the project (12) LOWER CAPE MAY MEADOWS, CAPE MAY to reimburse the non-Federal interests for are not authorized after the date of enact- POINT, NEW JERSEY.— all work performed, consistent with the au- ment of this Act: (A) IN GENERAL.—The project for naviga- thorized project. (i) The portion of the 6-foot channel the tion mitigation, ecosystem restoration, (4) ARTHUR KILL, NEW YORK AND NEW JER- boundaries of which begin at a point with co- shore protection, and hurricane and storm SEY.— ordinates N177,992.00, E394,831.00, thence run- damage reduction, Lower Cape May Mead- (A) IN GENERAL.—The project for naviga- ning south 83 degrees 58 minutes 14.8 seconds ows, Cape May Point, New Jersey, at a total tion, Arthur Kill, New York and New Jersey, west 10.38 feet to a point N177,990.91, cost of $15,952,000, with an estimated Federal authorized by section 202(b) of the Water Re- E394,820.68, thence running south 11 degrees cost of $12,118,000 and an estimated non-Fed- sources Development Act of 1986 (100 Stat. 46 minutes 47.7 seconds west 991.76 feet to a eral cost of $3,834,000. 4098) and modified by section 301(b)(11) of the point N177,020.04, E394,618.21, thence running (B) PERIODIC NOURISHMENT.—Periodic nour- Water Resources Development Act of 1996 south 78 degrees 13 minutes 45.7 seconds east ishment is authorized for a 50-year period at (110 Stat. 3711), is further modified to author- 10.00 feet to a point N177,018.00, E394,628.00, an estimated average annual cost of ize the Secretary to construct the project at thence running north 11 degrees 46 minutes $1,114,000, with an estimated annual Federal a total cost of $276,800,000, with an estimated 22.8 seconds east 994.93 feet to the point of or- cost of $897,000 and an estimated annual non- Federal cost of $183,200,000 and an estimated igin. Federal cost of $217,000. non-Federal cost of $93,600,000. (ii) The portion of the 6-foot anchorage the (13) NEW JERSEY SHORE PROTECTION, BRIGAN- (B) BERTHING AREAS AND OTHER LOCAL boundaries of which begin at a point with co- TINE INLET TO GREAT EGG HARBOR, BRIGANTINE SERVICE FACILITIES.—The non-Federal inter- ordinates N177,778.07, E394,336.96, thence run- ISLAND, NEW JERSEY.— ests shall provide berthing areas and other ning south 51 degrees 58 minutes 32.7 seconds (A) IN GENERAL.—The project for hurricane local service facilities necessary for the west 15.49 feet to a point N177,768.53, and storm damage reduction and shore pro- project at an estimated cost of $38,900,000. E394,324.76, thence running south 11 degrees tection, New Jersey Shore protection, Brig- (5) WAURIKA LAKE, OKLAHOMA, WATER CON- 46 minutes 26.5 seconds west 672.87 feet to a antine Inlet to Great Egg Harbor, Brigantine VEYANCE FACILITIES.—The requirement for point N177,109.82, E394,187.46, thence running Island, New Jersey, at a total cost of the Waurika Project Master Conservancy south 78 degrees 13 minutes 45.7 seconds east $4,970,000, with an estimated Federal cost of District to repay the $2,900,000 in costs (in- 10.00 feet to a point N177,107.78, E394,197.25, $3,230,000 and an estimated non-Federal cost cluding interest) resulting from the October thence running north 11 degrees 46 minutes of $1,740,000. 1991 settlement of the claim of the Travelers 25.4 seconds east 684.70 feet to the point of or- (B) PERIODIC NOURISHMENT.—Periodic nour- Insurance Company before the United States igin. ishment is authorized for a 50-year period at Claims Court related to construction of the (iii) The portion of the 10-foot settling an estimated average annual cost of $465,000, water conveyance facilities authorized by basin the boundaries of which begin at a with an estimated annual Federal cost of the first section of Public Law 88–253 (77 point with coordinates N177,107.78, $302,000 and an estimated annual non-Federal Stat. 841) is waived. E394,197.25, thence running north 78 degrees cost of $163,000. (b) PROJECTS SUBJECT TO REPORTS.—The 13 minutes 45.7 seconds west 10.00 feet to a (14) MEMPHIS HARBOR, MEMPHIS, TEN- following projects are modified as follows, point N177,109.82, E394,187.46, thence running NESSEE.— except that no funds may be obligated to south 11 degrees 46 minutes 15.7 seconds west (A) IN GENERAL.—Subject to subparagraph carry out work under such modifications 300.00 feet to a point N176,816.13, E394,126.26, (B), the project for navigation, Memphis Har- until completion of a final report by the thence running south 78 degrees 12 minutes bor, Memphis, Tennessee, authorized by sec- Chief of Engineers, as approved by the Sec- 21.4 seconds east 9.98 feet to a point tion 601(a) of the Water Resources Develop- retary, finding that such work is technically N176,814.09, E394,136.03, thence running north S2120 CONGRESSIONAL RECORD — SENATE March 2, 1999 11 degrees 46 minutes 29.1 seconds east 300.00 to construct the project at a total cost of of law, after the date of enactment of this feet to the point of origin. $103,267,000, with an estimated Federal cost Act, the city of Chesapeake, Virginia, shall (iv) The portion of the 10-foot settling of $76,909,000 and an estimated non-Federal not be obligated to make the annual cash basin the boundaries of which begin at a cost of $26,358,000. contribution required under paragraph 1(9) of point with coordinates N177,018.00, (c) BEAVER LAKE, ARKANSAS, WATER SUP- the Local Cooperation Agreement dated De- E394,628.00, thence running north 78 degrees PLY STORAGE REALLOCATION.—The Secretary cember 12, 1978, between the Government and 13 minutes 45.7 seconds west 10.00 feet to a shall reallocate approximately 31,000 addi- the city for the project for navigation, point N177,020.04, E394,618.21, thence running tional acre-feet at Beaver Lake, Arkansas, to southern branch of Elizabeth River, Chesa- south 11 degrees 46 minutes 44.0 seconds west water supply storage at no cost to the Bea- peake, Virginia. ver Water District or the Carroll-Boone 300.00 feet to a point N176,726.36, E394,556.97, (j) PAYMENT OPTION, MOOREFIELD, WEST thence running south 78 degrees 12 minutes Water District, except that at no time shall VIRGINIA.—The Secretary may permit the 30.3 seconds east 10.03 feet to a point the bottom of the conservation pool be at an non-Federal interests for the project for N176,724.31, E394,566.79, thence running north elevation that is less than 1,076 feet, NGVD. flood control, Moorefield, West Virginia, to (d) TOLCHESTER CHANNEL S-TURN, BALTI- 11 degrees 46 minutes 22.4 seconds east 300.00 pay without interest the remaining non-Fed- MORE, MARYLAND.—The project for naviga- feet to the point of origin. eral cost over a period not to exceed 30 years, EDESIGNATIONS.—The following por- tion, Baltimore Harbor and Channels, Mary- (C) R to be determined by the Secretary. tions of the project shall be redesignated as land, authorized by section 101 of the River part of the 6-foot anchorage: and Harbor Act of 1958 (72 Stat. 297), is modi- (k) MIAMI DADE AGRICULTURAL AND RURAL (i) The portion of the 6-foot channel the fied to direct the Secretary to straighten the LAND RETENTION PLAN AND SOUTH BISCAYNE, boundaries of which begin at a point with co- Tolchester Channel S-turn as part of project FLORIDA.—Section 528(b)(3) of the Water Re- ordinates N177,990.91, E394,820.68, thence run- maintenance. sources Development Act of 1996 (110 Stat. ning south 83 degrees 58 minutes 40.8 seconds (e) TROPICANA WASH AND FLAMINGO WASH, 3768) is amended by adding at the end the fol- west 94.65 feet to a point N177,980.98, NEVADA.—Any Federal costs associated with lowing: E394,726.55, thence running south 11 degrees the Tropicana and Flamingo Washes, Ne- ‘‘(D) CREDIT AND REIMBURSEMENT OF PAST 46 minutes 22.4 seconds west 962.83 feet to a vada, authorized by section 101(13) of the AND FUTURE ACTIVITIES.—The Secretary may point N177,038.40, E394,530.10, thence running Water Resources Development Act of 1992 afford credit to or reimburse the non-Federal south 78 degrees 13 minutes 45.7 seconds east (106 Stat. 4803), incurred by the non-Federal sponsors (using funds authorized by subpara- 90.00 feet to a point N177,020.04, E394,618.21, interest to accelerate or modify construction graph (C)) for the reasonable costs of any thence running north 11 degrees 46 minutes of the project, in cooperation with the Corps work that has been performed or will be per- 47.7 seconds east 991.76 feet to the point of or- of Engineers, shall be considered to be eligi- formed in connection with a study or activ- igin. ble for reimbursement by the Secretary. ity meeting the requirements of subpara- (ii) The portion of the 10-foot inner harbor (f) REDIVERSION PROJECT, COOPER RIVER, graph (A) if— settling basin the boundaries of which begin CHARLESTON HARBOR, SOUTH CAROLINA.— ‘‘(i) the Secretary determines that— at a point with coordinates N177,020.04, (1) IN GENERAL.—The rediversion project, ‘‘(I) the work performed by the non-Fed- E394,618.21, thence running north 78 degrees Cooper River, Charleston Harbor, South eral sponsors will substantially expedite 13 minutes 30.5 seconds west 160.00 feet to a Carolina, authorized by section 101 of the completion of a critical restoration project; point N177,052.69, E394,461.58, thence running River and Harbor Act of 1968 (82 Stat. 731) and south 11 degrees 46 minutes 45.4 seconds west and modified by title I of the Energy and ‘‘(II) the work is necessary for a critical 299.99 feet to a point N176,759.02, E394,400.34, Water Development Appropriations Act, 1992 restoration project; and thence running south 78 degrees 13 minutes (105 Stat. 517), is modified to authorize the ‘‘(ii) the credit or reimbursement is grant- 17.9 seconds east 160 feet to a point Secretary to pay the State of South Carolina ed pursuant to a project-specific agreement N176,726.36, E394,556.97, thence running north not more than $3,750,000, if the State enters that prescribes the terms and conditions of 11 degrees 46 minutes 44.0 seconds east 300.00 into an agreement with the Secretary pro- the credit or reimbursement.’’. feet to the point of origin. viding that the State shall perform all future (l) LAKE MICHIGAN, ILLINOIS.— (iii) The portion of the 6-foot anchorage operation of the St. Stephen, South Caro- (1) IN GENERAL.—The project for storm the boundaries of which begin at a point lina, fish lift (including associated studies to damage reduction and shoreline protection, with coordinates N178,102.26, E394,751.83, assess the efficacy of the fish lift). Lake Michigan, Illinois, from Wilmette, Illi- thence running south 51 degrees 59 minutes (2) CONTENTS.—The agreement shall specify nois, to the Illinois-Indiana State line, au- 42.1 seconds west 526.51 feet to a point the terms and conditions under which pay- thorized by section 101(a)(12) of the Water N177,778.07, E394,336.96, thence running south ment will be made and the rights of, and Resources Development Act of 1996 (110 Stat. 11 degrees 46 minutes 26.6 seconds west 511.83 remedies available to, the Secretary to re- 3664), is modified to provide for reimburse- feet to a point N177,277.01, E394,232.52, thence cover all or a portion of the payment if the ment for additional project work undertaken running south 78 degrees 13 minutes 17.9 sec- State suspends or terminates operation of by the non-Federal interest. onds east 80.00 feet to a point N177,260.68, the fish lift or fails to perform the operation (2) CREDIT OR REIMBURSEMENT.—The Sec- E394,310.84, thence running north 11 degrees in a manner satisfactory to the Secretary. retary shall credit or reimburse the non-Fed- 46 minutes 24.8 seconds east 482.54 feet to a (3) MAINTENANCE.—Maintenance of the fish eral interest for the Federal share of project point N177,733.07, E394,409.30, thence running lift shall remain a Federal responsibility. costs incurred by the non-Federal interest in north 51 degrees 59 minutes 41.0 seconds east (g) TRINITY RIVER AND TRIBUTARIES, designing, constructing, or reconstructing 402.63 feet to a point N177,980.98, E394,726.55, TEXAS.—The project for flood control and reach 2F (700 feet south of Fullerton Avenue thence running north 11 degrees 46 minutes navigation, Trinity River and tributaries, and 500 feet north of Fullerton Avenue), 27.6 seconds east 123.89 feet to the point of or- Texas, authorized by section 301 of the River reach 3M (Meigs Field), and segments 7 and igin. and Harbor Act of 1965 (79 Stat. 1091), is 8 of reach 4 (43rd Street to 57th Street), if the (D) REALIGNMENT.—The 6-foot anchorage modified to add environmental restoration non-Federal interest carries out the work in area described in subparagraph (C)(iii) shall as a project purpose. accordance with plans approved by the Sec- be realigned to include the area located (h) BEACH EROSION CONTROL AND HURRI- retary, at an estimated total cost of south of the inner harbor settling basin in CANE PROTECTION, VIRGINIA BEACH, VIR- $83,300,000. existence on the date of enactment of this GINIA.— (3) REIMBURSEMENT.—The Secretary shall Act beginning at a point with coordinates (1) ACCEPTANCE OF FUNDS.—In any fiscal reimburse the non-Federal interest for the N176,726.36, E394,556.97, thence running north year that the Corps of Engineers does not re- Federal share of project costs incurred by 78 degrees 13 minutes 17.9 seconds west 160.00 ceive appropriations sufficient to meet ex- the non-Federal interest in reconstructing feet to a point N176,759.02, E394,400.34, thence pected project expenditures for that year, the revetment structures protecting Solidar- running south 11 degrees 47 minutes 03.8 sec- the Secretary shall accept from the city of ity Drive in Chicago, Illinois, before the onds west 45 feet to a point N176,714.97, Virginia Beach, Virginia, for purposes of the signing of the project cooperation agree- E394,391.15, thence running south 78 degrees project for beach erosion control and hurri- ment, at an estimated total cost of $7,600,000. 13 minutes 17.9 seconds 160.00 feet to a point cane protection, Virginia Beach, Virginia, N176,682.31, E394,547.78, thence running north authorized by section 501(a) of the Water Re- (m) MEASUREMENTS OF LAKE MICHIGAN DI- 11 degrees 47 minutes 03.8 seconds east 45 feet sources Development Act of 1986 (100 Stat. VERSIONS, ILLINOIS.—Section 1142(b) of the to the point of origin. 4136), such funds as the city may advance for Water Resources Development Act of 1986 (E) RELOCATION.—The Secretary may relo- the project. (100 Stat. 4253) is amended by striking cate the settling basin feature of the project (2) REPAYMENT.—Subject to the availabil- ‘‘$250,000 per fiscal year for each fiscal year to the outer harbor between the jetties. ity of appropriations, the Secretary shall beginning after September 30, 1986’’ and in- (3) NEW YORK HARBOR AND ADJACENT CHAN- repay, without interest, the amount of any serting ‘‘a total of $1,250,000 for each of fiscal NELS, PORT JERSEY, NEW JERSEY.—The project advance made under paragraph (1), from ap- years 1999 through 2003’’. for navigation, New York Harbor and Adja- propriations that may be provided by Con- (n) PROJECT FOR NAVIGATION, DUBUQUE, cent Channels, Port Jersey, New Jersey, au- gress for river and harbor, flood control, IOWA.—The project for navigation at Du- thorized by section 202(b) of the Water Re- shore protection, and related projects. buque, Iowa, authorized by section 101 of the sources Development Act of 1986 (100 Stat. (i) ELIZABETH RIVER, CHESAPEAKE, VIR- River and Harbor Act of 1960 (74 Stat. 482), is 4098), is modified to authorize the Secretary GINIA.—Notwithstanding any other provision modified to authorize the development of a March 2, 1999 CONGRESSIONAL RECORD — SENATE S2121

wetland demonstration area of approxi- (6) FISH AND WILDLIFE MITIGATION AGREE- 203 of the Flood Control Act of 1958 (72 Stat. mately 1.5 acres to be developed and oper- MENT.— 306) is modified to direct the Secretary to ated by the Dubuque County Historical Soci- (A) IN GENERAL.—The Secretary may pay undertake the necessary repairs to the bar- ety or a successor nonprofit organization. the State of South Carolina not more than rier, as identified in the Condition Survey (o) LOUISIANA STATE PENITENTIARY $4,850,000 subject to the Secretary and the and Technical Assessment dated April 1998 LEVEE.—The Secretary may credit against State entering into a binding agreement for with Supplement dated August 1998, at a the non-Federal share work performed in the the State to manage for fish and wildlife total cost of $3,000,000, with an estimated project area of the Louisiana State Peniten- mitigation purposes in perpetuity the lands Federal cost of $1,950,000 and an estimated tiary Levee, Mississippi River, Louisiana, conveyed under this paragraph and excluded non-Federal cost of $1,050,000. authorized by section 401(a) of the Water Re- parcels designated in Exhibit A of Army Li- SEC. 103. PROJECT DEAUTHORIZATIONS. sources Development Act of 1986 (100 Stat. cense No. DACW21–3–85–1904. (a) BRIDGEPORT HARBOR, CONNECTICUT.— 4117). (B) FAILURE OF PERFORMANCE.—The agree- The portion of the project for navigation, (p) JACKSON COUNTY, MISSISSIPPI.—The ment shall specify the terms and conditions Bridgeport Harbor, Connecticut, authorized project for environmental infrastructure, under which payment will be made and the by section 101 of the River and Harbor Act of Jackson County, Mississippi, authorized by rights of, and remedies available to, the Fed- 1958 (72 Stat. 297), consisting of a 2.4-acre an- section 219(c)(5) of the Water Resources De- eral Government to recover all or a portion chorage area 9 feet deep and an adjacent 0.60- velopment Act of 1992 (106 Stat. 4835) and of the payment if the State fails to manage acre anchorage area 6 feet deep, located on modified by section 504 of the Water Re- any parcel in a manner satisfactory to the the west side of Johnsons River, Connecti- sources Development Act of 1996 (110 Stat. Secretary. cut, is not authorized after the date of enact- 3757), is modified to direct the Secretary to (r) LAND CONVEYANCE, CLARKSTON, WASH- ment of this Act. provide a credit, not to exceed $5,000,000, INGTON.— (b) BASS HARBOR, MAINE.— against the non-Federal share of the cost of (1) IN GENERAL.—The Secretary shall con- (1) DEAUTHORIZATION.—The portions of the the project for the costs incurred by the vey to the Port of Clarkston, Washington, all project for navigation, Bass Harbor, Maine, Jackson County Board of Supervisors since right, title, and interest of the United States authorized on May 7, 1962, under section 107 February 8, 1994, in constructing the project, in and to a portion of the land described in of the River and Harbor Act of 1960 (33 U.S.C. if the Secretary determines that such costs the Department of the Army lease No. 577) described in paragraph (2) are not au- are for work that the Secretary determines DACW68–1–97–22, consisting of approximately thorized after the date of enactment of this was compatible with and integral to the 31 acres, the exact boundaries of which shall Act. project. be determined by the Secretary and the Port (2) DESCRIPTION.—The portions of the of Clarkston. (q) RICHARD B. RUSSELL DAM AND LAKE, project referred to in paragraph (1) are de- (2) ADDITIONAL LAND.—The Secretary may SOUTH CAROLINA.— scribed as follows: convey to the Port of Clarkston, Washing- (1) IN GENERAL.—Except as otherwise pro- (A) Beginning at a bend in the project, vided in this paragraph, the Secretary shall ton, at fair market value as determined by N149040.00, E538505.00, thence running eas- convey to the State of South Carolina all the Secretary, such additional land located terly about 50.00 feet along the northern right, title, and interest of the United States in the vicinity of Clarkston, Washington, as limit of the project to a point, N149061.55, in the parcels of land described in subpara- the Secretary determines to be excess to the E538550.11, thence running southerly about graph (B) that are currently being managed needs of the Columbia River Project and ap- 642.08 feet to a point, N148477.64, E538817.18, by the South Carolina Department of Natu- propriate for conveyance. thence running southwesterly about 156.27 ral Resources for fish and wildlife mitigation (3) TERMS AND CONDITIONS.—The convey- feet to a point on the westerly limit of the purposes for the Richard B. Russell Dam and ances made under subsections (a) and (b) project, N148348.50, E538737.02, thence run- Lake, South Carolina, project authorized by shall be subject to such terms and conditions ning northerly about 149.00 feet along the the Flood Control Act of 1966 and modified as the Secretary determines to be necessary westerly limit of the project to a bend in the by the Water Resources Development Act of to protect the interests of the United States, project, N148489.22, E538768.09, thence run- 1986. including a requirement that the Port of ning northwesterly about 610.39 feet along Clarkston pay all administrative costs asso- (2) LAND DESCRIPTION.— the westerly limit of the project to the point ciated with the conveyances, including the (A) IN GENERAL.—The parcels of land to be of origin. conveyed are described in Exhibits A, F, and cost of land surveys and appraisals and costs (B) Beginning at a point on the westerly H of Army Lease No. DACW21–1–93–0910 and associated with compliance with applicable limit of the project, N148118.55, E538689.05, associated supplemental agreements or are environmental laws (including regulations). thence running southeasterly about 91.92 feet designated in red in Exhibit A of Army Li- (4) USE OF LAND.—The Port of Clarkston to a point, N148041.43, E538739.07, thence run- cense No. DACW21–3–85–1904, excluding all shall be required to pay the fair market ning southerly about 65.00 feet to a point, designated parcels in the license that are value, as determined by the Secretary, of N147977.86, E538725.51, thence running south- below elevation 346 feet mean sea level or any land conveyed pursuant to subsection (a) westerly about 91.92 feet to a point on the that are less than 300 feet measured hori- that is not retained in public ownership or is westerly limit of the project, N147927.84, zontally from the top of the power pool. used for other than public park or recreation E538648.39, thence running northerly about purposes, except that the Secretary shall (B) MANAGEMENT OF EXCLUDED PARCELS.— 195.00 feet along the westerly limit of the Management of the excluded parcels shall have a right of reverter to reclaim possession project to the point of origin. continue in accordance with the terms of and title to any such land. (c) BOOTHBAY HARBOR, MAINE.—The project (s) WHITE RIVER, INDIANA.—The project for Army License No. DACW21–3–85–1904 until for navigation, Boothbay Harbor, Maine, au- flood control, Indianapolis on West Fork of the Secretary and the State enter into an thorized by the Act of July 25, 1912 (37 Stat. the White River, Indiana, authorized by sec- agreement under subparagraph (F). 201, chapter 253), is not authorized after the tion 5 of the Act entitled ‘‘An Act authoriz- date of enactment of this Act. (C) SURVEY.—The exact acreage and legal ing the construction of certain public works (d) EAST BOOTHBAY HARBOR, MAINE.—Sec- description of the land shall be determined on rivers and harbors for flood control, and by a survey satisfactory to the Secretary, tion 364 of the Water Resources Development other purposes’’, approved June 22, 1936 (49 Act of 1996 (110 Stat. 3731) is amended by with the cost of the survey borne by the Stat. 1586, chapter 688), as modified by sec- striking paragraph (9) and inserting the fol- State. tion 323 of the Water Resources Development lowing: (3) COSTS OF CONVEYANCE.—The State shall Act of 1996 (110 Stat. 3716), is modified to au- ‘‘(9) EAST BOOTHBAY HARBOR, MAINE.—The be responsible for all costs, including real es- thorize the Secretary to undertake the river- project for navigation, East Boothbay Har- tate transaction and environmental compli- front alterations described in the Central In- bor, Maine, authorized by the first section of ance costs, associated with the conveyance. dianapolis Waterfront Concept Plan, dated the Act entitled ‘An Act making appropria- (4) PERPETUAL STATUS.— February 1994, for the Canal Development tions for the construction, repair, and pres- (A) IN GENERAL.—All land conveyed under (Upper Canal feature) and the Beveridge ervation of certain public works on rivers this paragraph shall be retained in public Paper feature, at a total cost not to exceed and harbors, and for other purposes’, ap- ownership and shall be managed in perpetu- $25,000,000, of which $12,500,000 is the esti- ity for fish and wildlife mitigation purposes mated Federal cost and $12,500,000 is the esti- proved June 25, 1910 (36 Stat. 657).’’. in accordance with a plan approved by the mated non-Federal cost, except that no such SEC. 104. STUDIES. Secretary. alterations may be undertaken unless the (a) CADDO LEVEE, RED RIVER BELOW (B) REVERSION.—If any parcel of land is not Secretary determines that the alterations DENISON DAM, ARIZONA, LOUISIANA, OKLA- managed for fish and wildlife mitigation pur- authorized by this subsection, in combina- HOMA, AND TEXAS.—The Secretary shall con- poses in accordance with the plan, title to tion with the alterations undertaken under duct a study to determine the feasibility of the parcel shall revert to the United States. section 323 of the Water Resources Develop- undertaking a project for flood control, (5) ADDITIONAL TERMS AND CONDITIONS.— ment Act of 1996 (110 Stat. 3716), are eco- Caddo Levee, Red River Below Denison Dam, The Secretary may require such additional nomically justified. Arizona, Louisiana, Oklahoma, and Texas, terms and conditions in connection with the (t) FOX POINT HURRICANE BARRIER, PROVI- including incorporating the existing levee, conveyance as the Secretary considers ap- DENCE, RHODE ISLAND.—The project for hurri- along Twelve Mile Bayou from its juncture propriate to protect the interests of the cane-flood protection, Fox Point, Provi- with the existing Red River Below Denison United States. dence, Rhode Island, authorized by section Dam Levee approximately 26 miles upstream S2122 CONGRESSIONAL RECORD — SENATE March 2, 1999 to its terminus at high ground in the vicin- duct a study to determine the feasibility of constructing an outlet weir at Tunica Lake, ity of Black Bayou, Louisiana. a storm damage reduction and ecosystem Tunica County, Mississippi, and Lee County, (b) FIELDS LANDING CHANNEL, HUMBOLDT restoration project for Cameron Parish west Arkansas, for the purpose of stabilizing HARBOR, CALIFORNIA.—The Secretary— of Calcasieu River, Louisiana. water levels in the Lake. (1) shall conduct a study for the project for (m) BENEFICIAL USE OF DREDGED MATERIAL, (2) ECONOMIC ANALYSIS.—In carrying out navigation, Fields Landing Channel, Hum- COASTAL LOUISIANA.—The Secretary shall the study, the Secretary shall include as a boldt Harbor and Bay, California, to a depth conduct a study to determine the feasibility part of the economic analysis the benefits of minus 35 feet (MLLW), and for that pur- of using dredged material from maintenance derived from recreation uses at the Lake and pose may use any feasibility report prepared activities at Federal navigation projects in economic benefits associated with restora- by the non-Federal sponsor under section 203 coastal Louisiana to benefit coastal areas in tion of fish and wildlife habitat. of the Water Resources Development Act of the State. (w) PROTECTIVE FACILITIES FOR THE ST. (n) CONTRABAND BAYOU NAVIGATION CHAN- 1986 (33 U.S.C. 2231) for which reimbursement LOUIS, MISSOURI, RIVERFRONT AREA.— NEL, LOUISIANA.—The Secretary shall con- of the Federal share of the study is author- (1) STUDY.—The Secretary shall conduct a duct a study to determine the feasibility of ized subject to the availability of appropria- study to determine the optimal plan to pro- assuming the maintenance at Contraband tions; and tect facilities that are located on the Mis- Bayou, Calcasieu River Ship Canal, Louisi- (2) may carry out the project under section sissippi River riverfront within the bound- ana. 107 of the River and Harbor Act of 1960 (33 aries of St. Louis, Missouri. (o) GOLDEN MEADOW LOCK, LOUISIANA.—The U.S.C. 577), if the Secretary determines that (2) REQUIREMENTS.—In conducting the the project is feasible. Secretary shall conduct a study to determine the feasibility of converting the Golden study, the Secretary shall— (c) STRAWBERRY CREEK, BERKELEY, CALI- (A) evaluate alternatives to offer safety FORNIA.—The Secretary shall conduct a Meadow floodgate into a navigation lock to be included in the Larose to Golden Meadow and security to facilities; and study to determine the feasibility of restor- (B) use state-of-the-art techniques to best ing Strawberry Creek, Berkeley, California, Hurricane Protection Project, Louisiana. (p) GULF INTRACOASTAL WATERWAY ECO- evaluate the current situation, probable so- and the Federal interest in environmental lutions, and estimated costs. restoration, conservation of fish and wildlife SYSTEM PROTECTION, CHEF MENTEUR TO (3) REPORT.—Not later than April 15, 1999, resources, recreation, and water quality. SABINE RIVER, LOUISIANA.— the Secretary shall submit to Congress a re- (d) WEST SIDE STORM WATER RETENTION (1) IN GENERAL.—The Secretary shall con- port on the results of the study. FACILITY, CITY OF LANCASTER, CALIFORNIA.— duct a study to determine the feasibility of The Secretary shall conduct a study to de- undertaking ecosystem restoration and pro- (x) YELLOWSTONE RIVER, MONTANA.— termine the feasibility of undertaking meas- tection measures along the Gulf Intracoastal (1) STUDY.—The Secretary shall conduct a ures to construct the West Side Storm Water Waterway from Chef Menteur to Sabine comprehensive study of the Yellowstone Retention Facility in the city of Lancaster, River, Louisiana. River from Gardiner, Montana to the con- California. (2) MATTERS TO BE ADDRESSED.—The study fluence of the Missouri River to determine (e) APALACHICOLA RIVER, FLORIDA.—The shall address saltwater intrusion, tidal the hydrologic, biological, and socio- Secretary shall conduct a study for the pur- scour, erosion, and other water resources re- economic cumulative impacts on the river. pose of identifying— lated problems in that area. (2) CONSULTATION AND COORDINATION.—The (1) alternatives for the management of ma- (q) LAKE PONTCHARTRAIN, LOUISIANA, AND Secretary shall conduct the study in con- terial dredged in connection with operation VICINITY, ST. CHARLES PARISH PUMPS.—The sultation with the United States Fish and and maintenance of the Apalachicola River Secretary shall conduct a study to determine Wildlife Service, the United States Geologi- Navigation Project; and the feasibility of modifying the Lake Pont- cal Survey, and the Natural Resources Con- (2) alternatives that reduce the require- chartrain Hurricane Protection Project to servation Service and with the full participa- ments for such dredging. include the St. Charles Parish Pumps and tion of the State of Montana and tribal and (f) BROWARD COUNTY, SAND BYPASSING AT the modification of the seawall fronting pro- local entities, and provide for public partici- PORT EVERGLADES, FLORIDA.—The Secretary tection along Lake Pontchartrain in Orleans pation. shall conduct a study to determine the fea- Parish, from New Basin Canal on the west to (3) REPORT.—Not later than 5 years after sibility of constructing a sand bypassing the Inner Harbor Navigation Canal on the the date of enactment of this Act, the Sec- project at the Port Everglades Inlet, Florida. east. retary shall submit a report to Congress on (g) CITY OF DESTIN-NORIEGA POINT BREAK- (r) LAKE PONTCHARTRAIN AND VICINITY SEA- the results of the study. WATER, FLORIDA.—The Secretary shall con- WALL RESTORATION, LOUISIANA.—The Sec- (y) LAS VEGAS VALLEY, NEVADA.— duct a study to determine the feasibility of— retary shall conduct a study to determine (1) IN GENERAL.—The Secretary shall con- (1) restoring Noriega Point, Florida, to the feasibility of undertaking structural duct a comprehensive study of water re- serve as a breakwater for Destin Harbor; and modifications of that portion of the seawall sources located in the Las Vegas Valley, Ne- (2) including Noriega Point as part of the fronting protection along the south shore of vada. East Pass, Florida, navigation project. Lake Pontchartrain in Orleans Parish, Lou- (2) OBJECTIVES.—The study shall identify (h) GATEWAY TRIANGLE REDEVELOPMENT isiana, extending approximately 5 miles from problems and opportunities related to eco- AREA, FLORIDA.— the new basin Canal on the west to the Inner system restoration, water quality, particu- (1) IN GENERAL.—The Secretary shall con- Harbor Navigation Canal on the east as a larly the quality of surface runoff, water duct a study to determine the feasibility of part of the Lake Pontchartrain and Vicinity supply, and flood control. undertaking measures to reduce the flooding Hurricane Protection Project, authorized by (z) OSWEGO RIVER BASIN, NEW YORK.—The problems in the vicinity of Gateway Triangle section 204 of the Flood Control Act of 1965 Secretary shall conduct a study to determine Redevelopment Area, Florida. (79 Stat. 1077). the feasibility of establishing a flood fore- (s) DETROIT RIVER, MICHIGAN, GREENWAY (2) STUDIES AND REPORTS.—The study shall casting system within the Oswego River CORRIDOR STUDY.— include a review and consideration of studies basin, New York. and reports completed by the non-Federal in- (1) IN GENERAL.—The Secretary shall con- (aa) PORT OF NEW YORK-NEW JERSEY NAVI- terests. duct a study to determine the feasibility of GATION STUDY AND ENVIRONMENTAL RESTORA- (i) CITY OF PLANT CITY, FLORIDA.— a project for shoreline protection, frontal TION STUDY.— (1) IN GENERAL.—The Secretary shall con- erosion, and associated purposes in the De- (1) NAVIGATION STUDY.—The Secretary duct a study to determine the feasibility of troit River shoreline area from the Belle Isle shall conduct a comprehensive study of navi- a flood control project in the city of Plant Bridge to the Ambassador Bridge in Detroit, gation needs at the Port of New York-New City, Florida. Michigan. Jersey (including the South Brooklyn Ma- (2) STUDIES AND REPORTS.—In conducting (2) POTENTIAL MODIFICATIONS.—As a part of rine and Red Hook Container Terminals, the study, the Secretary shall review and the study, the Secretary shall review poten- Staten Island, and adjacent areas) to address consider studies and reports completed by tial project modifications to any existing improvements, including deepening of exist- the non-Federal interests. Corps projects within the same area. (j) GOOSE CREEK WATERSHED, OAKLEY, (t) ST. CLAIR SHORES FLOOD CONTROL, ing channels to depths of 50 feet or greater, IDAHO.—The Secretary shall conduct a study MICHIGAN.—The Secretary shall conduct a that are required to provide economically ef- to determine the feasibility of undertaking study to determine the feasibility of con- ficient and environmentally sound naviga- flood damage reduction, water conservation, structing a flood control project at St. Clair tion to meet current and future require- ground water recharge, ecosystem restora- Shores, Michigan. ments. tion, and related purposes along the Goose (u) WOODTICK PENINSULA, MICHIGAN, AND (2) ENVIRONMENTAL RESTORATION STUDY.— Creek watershed near Oakley, Idaho. TOLEDO HARBOR, OHIO.—The Secretary shall The Secretary, acting through the Chief of (k) ACADIANA NAVIGATION CHANNEL, LOUISI- conduct a study to determine the feasibility Engineers, shall review the report of the ANA.—The Secretary shall conduct a study to of utilizing dredged material from Toledo Chief of Engineers on the New York Harbor, determine the feasibility of assuming oper- Harbor, Ohio, to provide erosion reduction, printed in the House Management Plan of ations and maintenance for the Acadiana navigation, and ecosystem restoration at the Harbor Estuary Program, and other per- Navigation Channel located in Iberia and Woodtick Peninsula, Michigan. tinent reports concerning the New York Har- Vermillion Parishes, Louisiana. (v) TUNICA LAKE WEIR, MISSISSIPPI.— bor Region and the Port of New York-New (l) CAMERON PARISH WEST OF CALCASIEU (1) IN GENERAL.—The Secretary shall con- Jersey, to determine the Federal interest in RIVER, LOUISIANA.—The Secretary shall con- duct a study to determine the feasibility of advancing harbor environmental restoration. March 2, 1999 CONGRESSIONAL RECORD — SENATE S2123

(3) REPORT.—The Secretary may use funds study of the ecosystem in the Santee Delta States that are not currently eligible for as- from the ongoing navigation study for New focus area of South Carolina to determine sistance under title XVI of the Reclamation York and New Jersey Harbor to complete a the feasibility of undertaking measures to Projects Authorization and Adjustment Act reconnaissance report for environmental res- enhance the wetland habitat in the area. of 1992 (43 U.S.C. 390h et seq.). toration by December 31, 1999. The naviga- (gg) WACCAMAW RIVER, SOUTH CAROLINA.— (2) REQUIREMENTS.—The study shall— tion study to deepen New York and New Jer- The Secretary shall conduct a study to de- (A) identify the water supply needs (includ- sey Harbor shall consider beneficial use of termine the feasibility of a flood control ing potable, commercial, industrial, rec- dredged material. project for the Waccamaw River in Horry reational and agricultural needs) of each (bb) BANK STABILIZATION, MISSOURI RIVER, County, South Carolina. State described in paragraph (1) through NORTH DAKOTA.— (hh) UPPER SUSQUEHANNA-LACKAWANNA, 2020, making use of such State, regional, and (1) STUDY.— PENNSYLVANIA, WATERSHED MANAGEMENT local plans, studies, and reports as are avail- (A) IN GENERAL.—The Secretary shall con- AND RESTORATION STUDY.— able; duct a study to determine the feasibility of (1) IN GENERAL.—The Secretary shall con- (B) evaluate the feasibility of various al- bank stabilization on the Missouri River be- duct a study to determine the feasibility of ternative water source technologies such as tween the Garrison Dam and Lake Oahe in a comprehensive flood plain management reuse and reclamation of wastewater and North Dakota. and watershed restoration project for the stormwater (including indirect potable (B) ELEMENTS.—In conducting the study, Upper Susquehanna-Lackawanna Watershed, reuse), aquifer storage and recovery, and de- the Secretary shall study— Pennsylvania. salination to meet the anticipated water (i) options for stabilizing the erosion sites (2) GEOGRAPHIC INFORMATION SYSTEM.—In supply needs of the States; and on the banks of the Missouri River between conducting the study, the Secretary shall (C) assess how alternative water sources the Garrison Dam and Lake Oahe identified use a geographic information system. technologies can be utilized to meet the in the report developed by the North Dakota (3) PLANS.—The study shall formulate identified needs. State Water Commission, dated December plans for comprehensive flood plain manage- (3) REPORT.—The Administrator shall re- 1997, including stabilization through non- ment and environmental restoration. port to Congress on the results of the study traditional measures; (4) CREDITING.—Non-Federal interests may not more than 180 days after the date of en- (ii) the cumulative impact of bank sta- receive credit for in-kind services and mate- actment of this Act. bilization measures between the Garrison rials that contribute to the study. The Sec- TITLE II—GENERAL PROVISIONS Dam and Lake Oahe on fish and wildlife retary may credit non-Corps Federal assist- SEC. 201. FLOOD HAZARD MITIGATION AND habitat and the potential impact of addi- ance provided to the non-Federal interest to- RIVERINE ECOSYSTEM RESTORA- tional stabilization measures, including the ward the non-Federal share of study costs to TION PROGRAM. impact of nontraditional stabilization meas- the maximum extent authorized by law. (a) IN GENERAL.— ures; (ii) NIOBRARA RIVER AND MISSOURI RIVER (1) AUTHORIZATION.—The Secretary may (iii) the current and future effects, includ- SEDIMENTATION STUDY, SOUTH DAKOTA.—The carry out a program to reduce flood hazards ing economic and fish and wildlife habitat ef- Secretary shall conduct a study of the and restore the natural functions and values fects, that bank erosion is having on creat- Niobrara River watershed and the operations of riverine ecosystems throughout the ing the delta at the beginning of Lake Oahe; of Fort Randall Dam and Gavins Point Dam United States. and on the Missouri River to determine the fea- (2) STUDIES.—In carrying out the program, (iv) the impact of taking no additional sibility of alleviating the bank erosion, sedi- the Secretary shall conduct studies to iden- measures to stabilize the banks of the Mis- mentation, and related problems in the lower tify appropriate flood damage reduction, souri River between the Garrison Dam and Niobrara River and the Missouri River below conservation, and restoration measures and Lake Oahe. Fort Randall Dam. may design and implement watershed man- (C) INTERESTED PARTIES.—In conducting (jj) SANTA CLARA RIVER, UTAH.— agement and restoration projects. the study, the Secretary shall, to the maxi- (1) IN GENERAL.—The Secretary shall con- (3) PARTICIPATION.—The studies and mum extent practicable, seek the participa- duct a study to determine the feasibility of projects carried out under the program shall tion and views of interested Federal, State, undertaking measures to alleviate damage be conducted, to the extent practicable, with and local agencies, landowners, conservation caused by flooding, bank erosion, and sedi- the full participation of the appropriate Fed- organizations, and other persons. mentation along the watershed of the Santa eral agencies, including the Department of (D) REPORT.— Clara River, Utah, above the Gunlock Res- Agriculture, the Federal Emergency Man- (i) IN GENERAL.—The Secretary shall report ervoir. agement Agency, the Department of the In- to Congress on the results of the study not (2) CONTENTS.—The study shall include an terior, the Environmental Protection Agen- later than 1 year after the date of enactment analysis of watershed conditions and water cy, and the Department of Commerce. of this Act. quality, as related to flooding and bank ero- (4) NONSTRUCTURAL APPROACHES.—The studies and projects shall, to the extent (ii) STATUS.—If the Secretary cannot com- sion, along the Santa Clara River in the vi- plete the study and report to Congress by the cinity of the town of Gunlock, Utah. practicable, emphasize nonstructural ap- day that is 1 year after the date of enact- (kk) AGAT SMALL BOAT HARBOR, GUAM.— proaches to preventing or reducing flood ment of this Act, the Secretary shall, by The Secretary shall conduct a study to de- damages. (b) COST-SHARING REQUIREMENTS.— that day, report to Congress on the status of termine the feasibility of undertaking the (1) STUDIES.—The cost of studies conducted the study and report, including an estimate repair and reconstruction of Agat Small under subsection (a) shall be shared in ac- of the date of completion. Boat Harbor, Guam, including the repair of cordance with section 105 of the Water Re- (2) EFFECT ON EXISTING PROJECTS.—This existing shore protection measures and con- sources Development Act of 1986 (33 Stat. subsection does not preclude the Secretary struction or a revetment of the breakwater 2215). from establishing or carrying out a stabiliza- seawall. (2) PROJECTS.—The non-Federal interests tion project that is authorized by law. (ll) APRA HARBOR SEAWALL, GUAM.—The shall pay 35 percent of the cost of any (cc) CLEVELAND HARBOR, CLEVELAND, Secretary shall conduct a study to determine project carried out under this section. OHIO.—The Secretary shall conduct a study the feasibility of undertaking measures to to determine the feasibility of undertaking repair, upgrade, and extend the seawall pro- (3) IN-KIND CONTRIBUTIONS.—The non-Fed- repairs and related navigation improvements tecting Apra Harbor, Guam, and to ensure eral interests shall provide all land, ease- at Dike 14, Cleveland, Ohio. continued access to the harbor via Route ments, rights-of-way, dredged material dis- (dd) EAST LAKE, VERMILLION AND CHAGRIN, 11B. posal areas, and relocations necessary for OHIO.— (mm) APRA HARBOR FUEL PIERS, GUAM.— the projects. The value of the land, ease- (1) IN GENERAL.—The Secretary shall con- The Secretary shall conduct a study to de- ments, rights-of-way, dredged material dis- duct a study to determine the feasibility of termine the feasibility of undertaking meas- posal areas, and relocations shall be credited undertaking flood damage reduction at East ures to upgrade the piers and fuel trans- toward the payment required under this sub- Lake, Vermillion and Chagrin, Ohio. mission lines at the fuel piers in the Apra section. (2) ICE RETENTION STRUCTURE.—In conduct- Harbor, Guam, and measures to provide for (4) RESPONSIBILITIES OF THE NON-FEDERAL ing the study, the Secretary may consider erosion control and protection against storm INTERESTS.—The non-Federal interests shall construction of an ice retention structure as damage. be responsible for all costs associated with a potential means of providing flood damage (nn) MAINTENANCE DREDGING OF HARBOR operating, maintaining, replacing, repairing, reduction. PIERS, GUAM.—The Secretary shall conduct a and rehabilitating all projects carried out (ee) TOUSSAINT RIVER, CARROLL TOWNSHIP, study to determine the feasibility of Federal under this section. OHIO.—The Secretary shall conduct a study maintenance of areas adjacent to piers at (c) PROJECT JUSTIFICATION.— to determine the feasibility of undertaking harbors in Guam, including Apra Harbor, (1) IN GENERAL.—The Secretary may imple- navigation improvements at Toussaint Agat Harbor, and Agana Marina. ment a project under this section if the Sec- River, Carroll Township, Ohio. (oo) ALTERNATIVE WATER SOURCES retary determines that the project— (ff) SANTEE DELTA WETLAND HABITAT, STUDY.— (A) will significantly reduce potential SOUTH CAROLINA.—Not later than 18 months (1) IN GENERAL.—The Administrator of the flood damages; after the date of enactment of this Act, the Environmental Protection Agency shall con- (B) will improve the quality of the environ- Secretary shall complete a comprehensive duct a study of the water supply needs of ment; and S2124 CONGRESSIONAL RECORD — SENATE March 2, 1999 (C) is justified considering all costs and third sentence by inserting before the period tion, at the specific project from which the beneficial outputs of the project. at the end the following: ‘‘, but the Sec- amount, above baseline, is collected. (2) SELECTION CRITERIA; POLICIES AND PRO- retary of the Army may accept funds volun- SEC. 210. WATER RESOURCES DEVELOPMENT CEDURES.—Not later than 180 days after the tarily contributed by such entities for the STUDIES FOR THE PACIFIC REGION. date of enactment of this Act, the Secretary purpose of expanding the scope of the serv- Section 444 of the Water Resources Devel- shall— ices requested by the entities’’. opment Act of 1996 (110 Stat. 3747) is amended (A) develop criteria for selecting and rat- SEC. 205. EVERGLADES AND SOUTH FLORIDA by striking ‘‘interest of navigation’’ and in- ing the projects to be carried out as part of ECOSYSTEM RESTORATION. serting ‘‘interests of water resources devel- the program authorized by this section; and Subparagraphs (B) and (C)(i) of section opment (including navigation, flood damage (B) establish policies and procedures for 528(b)(3) of the Water Resources Develop- reduction, and environmental restoration)’’. carrying out the studies and projects under- ment Act of 1996 (110 Stat. 3769) are amended SEC. 211. MISSOURI AND MIDDLE MISSISSIPPI taken under this section. by striking ‘‘1999’’ and inserting ‘‘2000’’. RIVERS ENHANCEMENT PROJECT. (d) REPORTING REQUIREMENT.—The Sec- (a) DEFINITIONS.—In this section: SEC. 206. AQUATIC ECOSYSTEM RESTORATION. retary may not implement a project under (1) MIDDLE MISSISSIPPI RIVER.—The term Section 206(c) of the Water Resources De- this section until— ‘‘middle Mississippi River’’ means the reach velopment Act of 1996 (33 U.S.C. 2330(c)) is (1) the Secretary provides to the Commit- of the Mississippi River from the mouth of amended— tee on Environment and Public Works of the the Ohio River (river mile 0, upper Mis- (1) by striking ‘‘Construction’’ and insert- Senate and the Committee on Transpor- sissippi River) to the mouth of the Missouri ing the following: tation and Infrastructure of the House of River (river mile 195). ‘‘(1) IN GENERAL.—Construction’’; and Representatives a written notification de- (2) MISSOURI RIVER.—The term ‘‘Missouri scribing the project and the determinations (2) by adding at the end the following: River’’ means the main stem and floodplain made under subsection (c); and ‘‘(2) NONPROFIT ENTITIES.—Notwithstanding of the Missouri River (including reservoirs) (2) a period of 21 calendar days has expired section 221 of the Flood Control Act of 1970 from its confluence with the Mississippi following the date on which the notification (42 U.S.C. 1962d–5b), for any project carried River at St. Louis, Missouri, to its head- was received by the Committees. out under this section, a non-Federal inter- waters near Three Forks, Montana. (e) PRIORITY AREAS.—In carrying out this est may include a nonprofit entity, with the (3) PROJECT.—The term ‘‘project’’ means section, the Secretary shall examine the po- consent of the affected local government.’’. the project authorized by this section. tential for flood damage reductions at appro- SEC. 207. BENEFICIAL USES OF DREDGED MATE- (b) PROTECTION AND ENHANCEMENT ACTIVI- priate locations, including— RIAL. TIES.— (1) Le May, Missouri; Section 204 of the Water Resources Devel- (1) PLAN.— (2) the upper Delaware River basin, New opment Act of 1992 (33 U.S.C. 2326) is amend- (A) DEVELOPMENT.—Not later than 180 days York; ed by adding at the end the following: after the date of enactment of this Act, the (3) Tillamook County, Oregon; ‘‘(g) NONPROFIT ENTITIES.—Notwithstand- Secretary shall develop a plan for a project (4) Providence County, Rhode Island; and ing section 221 of the Flood Control Act of to protect and enhance fish and wildlife habi- (5) Willamette River basin, Oregon. 1970 (42 U.S.C. 1962d–5b), for any project car- tat of the Missouri River and the middle Mis- (f) PER-PROJECT LIMITATION.—Not more ried out under this section, a non-Federal in- sissippi River. than $25,000,000 in Army Civil Works appro- terest may include a nonprofit entity, with (B) ACTIVITIES.— priations may be expended on any single the consent of the affected local govern- (i) IN GENERAL.—The plan shall provide for project undertaken under this section. ment.’’. such activities as are necessary to protect (g) AUTHORIZATION OF APPROPRIATIONS.— SEC. 208. VOLUNTARY CONTRIBUTIONS BY and enhance fish and wildlife habitat with- (1) IN GENERAL.—There is authorized to be STATES AND POLITICAL SUBDIVI- out adversely affecting— appropriated to carry out this section SIONS. (I) the water-related needs of the region $75,000,000 for the period of fiscal years 2000 Section 5 of the Act of June 22, 1936 (33 surrounding the Missouri River and the mid- and 2001. U.S.C. 701h), is amended by inserting ‘‘or en- dle Mississippi River, including flood con- (2) PROGRAM FUNDING LEVELS.—All studies vironmental restoration’’ after ‘‘flood con- trol, navigation, recreation, and enhance- and projects undertaken under this author- trol’’. ment of water supply; and ity from Army Civil Works appropriations SEC. 209. RECREATION USER FEES. (II) private property rights. shall be fully funded within the program (a) WITHHOLDING OF AMOUNTS.— (ii) REQUIRED ACTIVITIES.—The plan shall funding levels provided in this subsection. (1) IN GENERAL.—During fiscal years 1999 include— SEC. 202. SHORE PROTECTION. through 2002, the Secretary may withhold (I) modification and improvement of navi- Section 103(d) of the Water Resources De- from the special account established under gation training structures to protect and en- velopment Act of 1986 (33 U.S.C. 2213(d)) is section 4(i)(1)(A) of the Land and Water Con- hance fish and wildlife habitat; amended— servation Fund Act of 1965 (16 U.S.C. 460l– (II) modification and creation of side chan- (1) by striking ‘‘Costs of constructing’’ and 6a(i)(1)(A)) 100 percent of the amount of re- nels to protect and enhance fish and wildlife inserting the following: ceipts above a baseline of $34,000,000 per each habitat; ‘‘(1) CONSTRUCTION.—Costs of construct- fiscal year received from fees imposed at (III) restoration and creation of island fish ing’’; and recreation sites under the administrative ju- and wildlife habitat; (2) by adding at the end the following: risdiction of the Department of the Army (IV) creation of riverine fish and wildlife ‘‘(2) PERIODIC NOURISHMENT.—In the case of under section 4(b) of that Act (16 U.S.C. 460l– habitat; a project authorized for construction after 6a(b)). (V) establishment of criteria for December 31, 1999, or for which a feasibility (2) USE.—The amounts withheld shall be prioritizing the type and sequencing of ac- study is completed after that date, the non- retained by the Secretary and shall be avail- tivities based on cost-effectiveness and like- Federal cost of the periodic nourishment of able, without further Act of appropriation, lihood of success; and projects or measures for shore protection or for expenditure by the Secretary in accord- (VI) physical and biological monitoring for beach erosion control shall be 50 percent, ex- ance with subsection (b). evaluating the success of the project, to be cept that— (3) AVAILABILITY.—The amounts withheld performed by the River Studies Center of the ‘‘(A) all costs assigned to benefits to pri- shall remain available until September 30, United States Geological Survey in Colum- vately owned shores (where use of such bia, Missouri. shores is limited to private interests) or to 2005. (b) USE OF AMOUNTS WITHHELD.—In order (2) IMPLEMENTATION OF ACTIVITIES.— prevention of losses of private land shall be to increase the quality of the visitor experi- (A) IN GENERAL.—Using funds made avail- borne by non-Federal interests; and able to carry out this section, the Secretary ‘‘(B) all costs assigned to the protection of ence at public recreational areas and to en- shall carry out the activities described in the federally owned shores shall be borne by the hance the protection of resources, the plan. United States.’’. amounts withheld under subsection (a) may be used only for— (B) USE OF EXISTING AUTHORITY FOR SEC. 203. SMALL FLOOD CONTROL AUTHORITY. (1) repair and maintenance projects (in- UNCONSTRUCTED FEATURES OF THE PROJECT.— Section 205 of the Flood Control Act of 1948 Using funds made available to the Secretary (33 U.S.C. 701s) is amended— cluding projects relating to health and safe- under other law, the Secretary shall design (1) in the first sentence, by striking ‘‘con- ty); struction of small projects’’ and inserting (2) interpretation; and construct any feature of the project that ‘‘implementation of small structural and (3) signage; may be carried out using the authority of nonstructural projects’’; and (4) habitat or facility enhancement; the Secretary to modify an authorized (2) in the third sentence, by striking (5) resource preservation; project, if the Secretary determines that the ‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’. (6) annual operation (including fee collec- design and construction will— tion); (i) accelerate the completion of activities SEC. 204. USE OF NON-FEDERAL FUNDS FOR COM- PILING AND DISSEMINATING INFOR- (7) maintenance; and to protect and enhance fish and wildlife habi- MATION ON FLOODS AND FLOOD (8) law enforcement related to public use. tat of the Missouri River or the middle Mis- DAMAGES. (c) AVAILABILITY.—Each amount withheld sissippi River; and Section 206(b) of the Flood Control Act of by the Secretary shall be available for ex- (ii) be compatible with the project pur- 1960 (33 U.S.C. 709a(b)) is amended in the penditure, without further Act of appropria- poses described in this section. March 2, 1999 CONGRESSIONAL RECORD — SENATE S2125

(c) INTEGRATION OF OTHER ACTIVITIES.— SEC. 215. CONTROL OF AQUATIC PLANT GROWTH. expeditious completion by providing suffi- (1) IN GENERAL.—In carrying out the activi- Section 104(a) of the River and Harbor Act cient quantities of contaminated dredged ties described in subsection (b), the Sec- of 1958 (33 U.S.C. 610(a)) is amended— material to conduct the full-scale dem- retary shall integrate the activities with (1) by inserting ‘‘Arundo dona,’’ after onstrations to stated capacity.’’; and other Federal, State, and tribal activities. ‘‘water-hyacinth,’’; and (2) in subsection (c), by striking the first (2) NEW AUTHORITY.—Nothing in this sec- (2) by inserting ‘‘tarmarix’’ after sentence and inserting the following: ‘‘There tion confers any new regulatory authority ‘‘melaleuca’’. is authorized to be appropriated to carry out on any Federal or non-Federal entity that SEC. 216. ENVIRONMENTAL INFRASTRUCTURE. this section a total of $22,000,000 to complete carries out any activity authorized by this Section 219(c) of the Water Resources De- technology testing, technology commer- section. velopment Act of 1992 (106 Stat. 4835) is cialization, and the development of full scale (d) PUBLIC PARTICIPATION.—In developing amended by adding at the end the following: processing facilities within the New York/ and carrying out the plan and the activities ‘‘(19) LAKE TAHOE, CALIFORNIA AND NE- New Jersey Harbor.’’. described in subsection (b), the Secretary VADA.—Regional water system for Lake SEC. 220. DISPOSAL OF DREDGED MATERIAL ON shall provide for public review and comment Tahoe, California and Nevada. BEACHES. in accordance with applicable Federal law, ‘‘(20) LANCASTER, CALIFORNIA.—Fox Field (a) IN GENERAL.—Section 145 of the Water including— Industrial Corridor water facilities, Lan- Resources Development Act of 1976 (33 U.S.C. (1) providing advance notice of meetings; caster, California. 426j) is amended in the first sentence by (2) providing adequate opportunity for pub- ‘‘(21) SAN RAMON, CALIFORNIA.—San Ramon striking ‘‘50’’ and inserting ‘‘35’’. lic input and comment; Valley recycled water project, San Ramon, (b) GREAT LAKES BASIN.—The Secretary (3) maintaining appropriate records; and California.’’. shall work with the State of Ohio, other (4) compiling a record of the proceedings of Great Lakes States, and political subdivi- meetings. SEC. 217. WATERSHED MANAGEMENT, RESTORA- TION, AND DEVELOPMENT. sions of the States to fully implement and (e) COMPLIANCE WITH APPLICABLE LAW.—In maximize beneficial reuse of dredged mate- carrying out the activities described in sub- Section 503 of the Water Resources Devel- rial as provided under section 145 of the sections (b) and (c), the Secretary shall com- opment Act of 1996 (110 Stat. 3756) is Water Resources Development Act of 1976 (33 ply with any applicable Federal law, includ- amended— ing the National Environmental Policy Act (1) in subsection (d)— U.S.C. 426j). of 1969 (42 U.S.C. 4321 et seq.). (A) by striking paragraph (10) and insert- SEC. 221. FISH AND WILDLIFE MITIGATION. (f) COST SHARING.— ing the following: Section 906(e) of the Water Resources De- (1) NON-FEDERAL SHARE.—The non-Federal ‘‘(10) Regional Atlanta Watershed, Atlanta, velopment Act of 1986 (33 U.S.C. 2283(e)) is share of the cost of the project shall be 35 Georgia, and Lake Lanier of Forsyth and amended by inserting after the second sen- percent. Hall Counties, Georgia.’’; and tence the following: ‘‘Not more than 80 per- (2) FEDERAL SHARE.—The Federal share of (B) by adding at the end the following: cent of the non-Federal share of such first the cost of any 1 activity described in sub- ‘‘(14) Clear Lake watershed, California. costs may be in kind, including a facility, section (b) shall not exceed $5,000,000. ‘‘(15) Fresno Slough watershed, California. supply, or service that is necessary to carry (3) OPERATION AND MAINTENANCE.—The op- ‘‘(16) Hayward Marsh, Southern San Fran- out the enhancement project.’’. eration and maintenance of the project shall cisco Bay watershed, California. SEC. 222. REIMBURSEMENT OF NON-FEDERAL IN- be a non-Federal responsibility. ‘‘(17) Kaweah River watershed, California. TEREST. (g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(18) Lake Tahoe watershed, California and Section 211(e)(2)(A) of the Water Resources There is authorized to be appropriated to pay Nevada. Development Act of 1996 (33 U.S.C. 701b– the Federal share of the cost of carrying out ‘‘(19) Malibu Creek watershed, California. 13(e)(2)(A)) is amended by striking ‘‘subject activities under this section $30,000,000 for ‘‘(20) Truckee River basin, Nevada. to amounts being made available in advance the period of fiscal years 2000 and 2001. ‘‘(21) Walker River basin, Nevada. in appropriations Acts’’ and inserting ‘‘sub- SEC. 212. OUTER CONTINENTAL SHELF. ‘‘(22) Bronx River watershed, New York. ject to the availability of appropriations’’. (a) SAND, GRAVEL, AND SHELL.—Section ‘‘(23) Catawba River watershed, North SEC. 223. NATIONAL CONTAMINATED SEDIMENT 8(k)(2)(B) of the Outer Continental Shelf Carolina.’’; TASK FORCE. Lands Act (43 U.S.C. 1337(k)(2)(B)) is amend- (2) by redesignating subsection (e) as sub- (a) DEFINITION OF TASK FORCE.—In this sec- ed in the second sentence by inserting before section (f); and tion, the term ‘‘Task Force’’ means the Na- the period at the end the following: ‘‘or any (3) by inserting after subsection (d) the fol- tional Contaminated Sediment Task Force other non-Federal interest subject to an lowing: established by section 502 of the National agreement entered into under section 221 of ‘‘(e) NONPROFIT ENTITIES.—Notwithstand- Contaminated Sediment Assessment and the Flood Control Act of 1970 (42 U.S.C. ing section 221(b) of the Flood Control Act of Management Act (33 U.S.C. 1271 note; Public 1962d–5b)’’. 1970 (42 U.S.C. 1962d–5b(b)), for any project Law 102–580). (b) REIMBURSEMENT FOR LOCAL INTER- undertaken under this section, with the con- (b) CONVENING.—The Secretary and the Ad- ESTS.—Any amounts paid by non-Federal in- sent of the affected local government, a non- ministrator shall convene the Task Force terests for beach erosion control, hurricane Federal interest may include a nonprofit en- not later than 90 days after the date of en- protection, shore protection, or storm dam- tity.’’. actment of this Act. age reduction projects as a result of an as- SEC. 218. LAKES PROGRAM. (c) REPORTING ON REMEDIAL ACTION.— sessment under section 8(k) of the Outer Section 602(a) of the Water Resources De- (1) IN GENERAL.—Not later than 1 year after Continental Shelf Lands Act (43 U.S.C. velopment Act of 1986 (100 Stat. 4148) is the date of enactment of this Act, the Task 1337(k)) shall be fully reimbursed. amended— Force shall submit to Congress a report on SEC. 213. ENVIRONMENTAL DREDGING. (1) in paragraph (15), by striking ‘‘and’’ at the status of remedial actions at aquatic Section 312(f) of the Water Resources De- the end; sites in the areas described in paragraph (2). velopment Act of 1990 (33 U.S.C. 1272(f)) is (2) in paragraph (16), by striking the period (2) AREAS.—The report under paragraph (1) amended by adding at the end the following: at the end; and shall address remedial actions in— ‘‘(6) Snake Creek, Bixby, Oklahoma.’’. (3) by adding at the end the following: (A) areas of probable concern identified in SEC. 214. BENEFIT OF PRIMARY FLOOD DAMAGES ‘‘(17) Clear Lake, Lake County, California, AVOIDED INCLUDED IN BENEFIT- the survey of data regarding aquatic sedi- COST ANALYSIS. removal of silt and aquatic growth and de- ment quality required by section 503(a) of Section 308 of the Water Resources Devel- velopment of a sustainable weed and algae the National Contaminated Sediment Assess- opment Act of 1990 (33 U.S.C. 2318) is management program; ment and Management Act (33 U.S.C. 1271); amended— ‘‘(18) Flints Pond, Hollis, New Hampshire, (B) areas of concern within the Great (1) in the heading of subsection (a), by removal of excessive aquatic vegetation; and Lakes, as identified under section 118(f) of striking ‘‘BENEFIT-COST ANALYSIS’’ and in- ‘‘(19) Osgood Pond, Milford, New Hamp- the Federal Water Pollution Control Act (33 serting ‘‘ELEMENTS EXCLUDED FROM COST- shire, removal of excessive aquatic vegeta- U.S.C. 1268(f)); BENEFIT ANALYSIS’’; tion.’’. (C) estuaries of national significance iden- (2) by redesignating subsections (b) SEC. 219. SEDIMENTS DECONTAMINATION POL- tified under section 320 of the Federal Water through (e) as subsections (c) through (f), re- ICY. Pollution Control Act (33 U.S.C. 1330); spectively; Section 405 of the Water Resources Devel- (D) areas for which remedial action has (3) by inserting after subsection (a) the fol- opment Act of 1992 (33 U.S.C. 2239 note; Pub- been authorized under any of the Water Re- lowing: lic Law 102–580) is amended— sources Development Acts; and ‘‘(b) ELEMENTS INCLUDED IN COST-BENEFIT (1) in subsection (a), by adding at the end (E) as appropriate, any other areas where ANALYSIS.—The Secretary shall include pri- the following: sediment contamination is identified by the mary flood damages avoided in the benefit ‘‘(4) PRACTICAL END-USE PRODUCTS.—Tech- Task Force. base for justifying Federal nonstructural nologies selected for demonstration at the (3) ACTIVITIES.—Remedial actions subject flood damage reduction projects.’’; and pilot scale shall result in practical end-use to reporting under this subsection include (4) in the first sentence of subsection (e) products. remedial actions under— (as redesignated by paragraph (2)), by strik- ‘‘(5) ASSISTANCE BY THE SECRETARY.—The (A) the Comprehensive Environmental Re- ing ‘‘(b)’’ and inserting ‘‘(d)’’. Secretary shall assist the project to ensure sponse, Compensation, and Liability Act of S2126 CONGRESSIONAL RECORD — SENATE March 2, 1999

1980 (42 U.S.C. 9601 et seq.) or other Federal (iii) biological aspects of the system influ- ‘‘(1) IN GENERAL.—The Secretary’’; and or State law containing environmental re- enced by and influencing water quantity and (2) by adding at the end the following: mediation authority; water movement; ‘‘(2) CONTROL OF SEA LAMPREY.—Congress (B) any of the Water Resources Develop- (iv) meteorological projections and weath- finds that— ment Acts; er impacts on Great Lakes water levels; and ‘‘(A) the Great Lakes navigation system (C) section 404 of the Federal Water Pollu- (v) other Great Lakes biohydrological sys- has been instrumental in the spread of sea tion Control Act (33 U.S.C. 1344); or tem data relevant to sustainable water use lamprey and the associated impacts to its (D) section 10 of the Act of March 3, 1899 (30 management. fishery; and Stat. 1151, chapter 425). (2) REPORT.— ‘‘(B) the use of the authority under this (4) CONTENTS.—The report under paragraph (A) IN GENERAL.—Not later than 18 months subsection for control of sea lamprey at any (1) shall provide, with respect to each reme- after the date of enactment of this Act, the Great Lakes basin location is appropriate.’’. dial action described in the report, a descrip- Secretary, in consultation with the States, SEC. 226. WATER QUALITY, ENVIRONMENTAL tion of— Indian tribes, and Federal agencies, and after QUALITY, RECREATION, FISH AND (A) the authorities and sources of funding requesting information from the provinces WILDLIFE, FLOOD CONTROL, AND for conducting the remedial action; and the federal government of Canada, NAVIGATION. (B) the nature and sources of the sediment shall— (a) IN GENERAL.—The Secretary may inves- contamination, including volume and con- (i) compile the inventories of information; tigate, study, evaluate, and report on— centration, where appropriate; (ii) analyze the information for consist- (1) water quality, environmental quality, (C) the testing conducted to determine the ency and gaps; and recreation, fish and wildlife, flood control, nature and extent of sediment contamina- (iii) submit to Congress, the International and navigation in the western Lake Erie wa- tion and to determine whether the remedial Joint Commission, and the Great Lakes tershed, including the watersheds of the action is necessary; States a report that includes recommenda- Maumee River, Ottawa River, and Portage (D) the action levels or other factors used tions on ways to improve the information River in the States of Indiana, Ohio, and to determine that the remedial action is nec- base on the biohydrological dynamics of the Michigan; and essary; Great Lakes ecosystem as a whole, so as to (2) measures to improve water quality, en- (E) the nature of the remedial action support environmentally sound decisions re- vironmental quality, recreation, fish and planned or undertaken, including the levels garding diversions and consumptive uses of wildlife, flood control, and navigation in the of protection of public health and the envi- Great Lakes water. western Lake Erie basin. ronment to be achieved by the remedial ac- (B) RECOMMENDATIONS.—The recommenda- (b) COOPERATION.—In carrying out studies tion; tions in the report under subparagraph (A) and investigations under subsection (a), the (F) the ultimate disposition of any mate- shall include recommendations relating to Secretary shall cooperate with Federal, rial dredged as part of the remedial action; the resources and funds necessary for imple- State, and local agencies and nongovern- (G) the status of projects and the obstacles menting improvement of the information mental organizations to ensure full consider- or barriers to prompt conduct of the reme- base. ation of all views and requirements of all dial action; and (C) CONSIDERATIONS.—In developing the re- interrelated programs that those agencies port under subparagraph (A), the Secretary, (H) contacts and sources of further infor- may develop independently or in coordina- in cooperation with the Secretary of State, mation concerning the remedial action. tion with the Corps of Engineers. the Secretary of Transportation, and other SEC. 227. IRRIGATION DIVERSION PROTECTION SEC. 224. GREAT LAKES BASIN PROGRAM. relevant agencies as appropriate, shall con- AND FISHERIES ENHANCEMENT AS- sider and report on the status of the issues SISTANCE. (a) STRATEGIC PLANS.— described and recommendations made in— The Secretary may provide technical plan- (1) IN GENERAL.—Not later than 18 months ning and design assistance to non-Federal in- after the date of enactment of this Act, and (i) the Report of the International Joint Commission to the Governments of the terests and may conduct other site-specific every 2 years thereafter, the Secretary shall United States and Canada under the 1977 ref- studies to formulate and evaluate fish report to Congress on a plan for programs of erence issued in 1985; and screens, fish passages devices, and other the Corps of Engineers in the Great Lakes (ii) the 1993 Report of the International measures to decrease the incidence of juve- basin. Joint Commission to the Governments of nile and adult fish inadvertently entering (2) CONTENTS.—The plan shall include de- Canada and the United States on Methods of into irrigation systems. Measures shall be tails of the projected environmental and Alleviating Adverse Consequences of Fluc- developed in cooperation with Federal and navigational projects in the Great Lakes tuating Water Levels in the Great Lakes St. State resource agencies and not impair the basin, including— Lawrence Basin. continued withdrawal of water for irrigation (A) navigational maintenance and oper- (c) GREAT LAKES RECREATIONAL BOATING.— purposes. In providing such assistance prior- ations for commercial and recreational ves- Not later than 18 months after the date of ity shall be given based on the objectives of sels; enactment of this Act, the Secretary shall, the Endangered Species Act, cost-effective- (B) environmental restoration activities; using information and studies in existence ness, and the potential for reducing fish mor- (C) water level maintenance activities; on the date of enactment of this Act to the tality. Non-Federal interests shall agree by (D) technical and planning assistance to maximum extent practicable, and in co- contract to contribute 50 percent of the cost States and remedial action planning com- operation with the Great Lakes States, sub- of such assistance. Not more than one-half of mittees; mit to Congress a report detailing the eco- such non-Federal contribution may be made (E) sediment transport analysis, sediment nomic benefits of recreational boating in the by the provision of services, materials, sup- management planning, and activities to sup- Great Lakes basin, particularly at harbors plies, or other in-kind services. No construc- port prevention of excess sediment loadings; benefiting from operation and maintenance tion activities are authorized by this section. (F) flood damage reduction and shoreline projects of the Corps of Engineers. Not later than 2 years after the date of en- erosion prevention; (d) COOPERATION.—In undertaking activi- actment of this section, the Secretary shall (G) all other activities of the Corps of En- ties under this section, the Secretary shall— report to Congress on fish mortality caused gineers; and (1) encourage public participation; and by irrigation water intake devices, appro- (H) an analysis of factors limiting use of (2) cooperate, and, as appropriate, collabo- priate measures to reduce mortality, the ex- programs and authorities of the Corps of En- rate, with Great Lakes States, tribal govern- tent to which such measures are currently gineers in existence on the date of enact- ments, and Canadian federal, provincial, being employed in the arid States, the con- ment of this Act in the Great Lakes basin, tribal governments. struction costs associated with such meas- including the need for new or modified au- (e) WATER USE ACTIVITIES AND POLICIES.— ures, and the appropriate Federal role, if thorities. The Secretary may provide technical assist- ance to the Great Lakes States to develop any, to encourage the use of such measures. (b) GREAT LAKES BIOHYDROLOGICAL INFOR- interstate guidelines to improve the consist- SEC. 228. SMALL STORM DAMAGE REDUCTION MATION.— ency and efficiency of State-level water use PROJECTS. (1) INVENTORY.— activities and policies in the Great Lakes Section 3 of the Act of August 13, 1946 (33 (A) IN GENERAL.—Not later than 90 days basin. U.S.C. 426g), is amended by striking after the date of enactment of this Act, the (f) COST SHARING.—The Secretary may seek ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’. Secretary shall request each Federal agency and accept funds from non-Federal entities SEC. 229. SHORE DAMAGE PREVENTION OR MITI- that may possess information relevant to the to be used to pay up to 25 percent of the cost GATION. Great Lakes biohydrological system to pro- of carrying out subsections (b), (c), (d), and Section 111 of the River and Harbor Act of vide an inventory of all such information in (e). 1968 (33 U.S.C. 426(i)) is amended— the possession of the agency. SEC. 225. PROJECTS FOR IMPROVEMENT OF THE (1) in the first sentence, by striking ‘‘The (B) RELEVANT INFORMATION.—For the pur- ENVIRONMENT. Secretary’’ and inserting ‘‘(a) IN GENERAL.— pose of subparagraph (A), relevant informa- Section 1135(c) of the Water Resources De- The Secretary’’; tion includes information on— velopment Act of 1986 (33 U.S.C. 2309a(c)) is (2) in the second sentence, by striking (i) ground and surface water hydrology; amended— ‘‘The costs’’ and inserting the following: (ii) natural and altered tributary dynam- (1) by striking ‘‘The Secretary’’ and insert- ‘‘(b) COST SHARING.—The costs’’; ics; ing the following: (3) in the third sentence— March 2, 1999 CONGRESSIONAL RECORD — SENATE S2127

(A) by striking ‘‘No such’’ and inserting (d) MONONGAHELA RIVER, POINT MARION, interest before execution of a project co- the following: PENNSYLVANIA.—The Secretary shall evalu- operation agreement and for land, ease- ‘‘(c) REQUIREMENT FOR SPECIFIC AUTHORIZA- ate and, if justified under section 14 of the ments, and rights-of-way required for the TION.—No such’’; and Flood Control Act of 1946 (33 U.S.C. 701r), restoration and acquired by the non-Federal (B) by striking ‘‘$2,000,000’’ and inserting carry out streambank erosion control meas- interest before execution of such an agree- ‘‘$5,000,000’’; and ures along the Monongahela River at the ment. (4) by adding at the end the following: borough of Point Marion, Pennsylvania. (c) OPERATION AND MAINTENANCE.—The op- ‘‘(d) COORDINATION.—The Secretary shall— SEC. 306. AQUATIC ECOSYSTEM RESTORATION, eration and maintenance of the restoration ‘‘(1) coordinate the implementation of the SPRINGFIELD, OREGON. project under subsection (a) shall be the full measures under this section with other Fed- (a) IN GENERAL.—Under section 1135 of the responsibility of the National Park Service. eral and non-Federal shore protection Water Resources Development Act of 1990 (33 SEC. 311. CITY OF MIAMI BEACH, FLORIDA. projects in the same geographic area; and Stat. 2309a) or other applicable authority, Section 5(b)(3)(C)(i) of the Act of August 13, ‘‘(2) to the extent practicable, combine the Secretary shall conduct measures to ad- 1946 (33 U.S.C. 426h), is amended by inserting mitigation projects with other shore protec- dress water quality, water flows and fish before the semicolon the following: ‘‘, includ- tion projects in the same area into a com- habitat restoration in the historic Spring- ing the city of Miami Beach, Florida’’. prehensive regional project.’’. field, Oregon, millrace through the reconfig- SEC. 312. SARDIS RESERVOIR, OKLAHOMA. TITLE III—PROJECT-RELATED uration of the existing millpond, if the Sec- (a) IN GENERAL.—The Secretary shall ac- PROVISIONS retary determines that harmful impacts cept from the State of Oklahoma or an agent SEC. 301. DREDGING OF SALT PONDS IN THE have occurred as the result of a previously of the State an amount, as determined under STATE OF RHODE ISLAND. constructed flood control project by the subsection (b), as prepayment of 100 percent The Secretary may acquire for the State of Corps of Engineers. of the water supply cost obligation of the Rhode Island a dredge and associated equip- (b) NON-FEDERAL SHARE.—The non-Federal State under Contract No. DACW56–74–JC–0314 ment with the capacity to dredge approxi- share, excluding lands, easements, rights-of- for water supply storage at Sardis Reservoir, mately 100 cubic yards per hour for use by way, dredged material disposal areas, and re- Oklahoma. the State in dredging salt ponds in the State. locations, shall be 25 percent. (b) DETERMINATION OF AMOUNT.—The amount to be paid by the State of Oklahoma SEC. 302. UPPER SUSQUEHANNA RIVER BASIN, (c) AUTHORIZATION OF APPROPRIATIONS.— PENNSYLVANIA AND NEW YORK. There is authorized to be appropriated to under subsection (a) shall be subject to ad- Section 567(a) of the Water Resources De- carry out this section $1,500,000. justment in accordance with accepted dis- count purchase methods for Government velopment Act of 1996 (110 Stat. 3787) is SEC. 307. GUILFORD AND NEW HAVEN, CON- amended by adding at the end the following: NECTICUT. properties as determined by an independent ‘‘(3) The Chemung River watershed, New The Secretary shall expeditiously com- accounting firm designated by the Director of the Office of Management and Budget. York, at an estimated Federal cost of plete the activities authorized under section (c) EFFECT.—Nothing in this section shall $5,000,000.’’. 346 of the Water Resources Development Act otherwise affect any of the rights or obliga- of 1992 (106 Stat. 4858), including activities SEC. 303. SMALL FLOOD CONTROL PROJECTS. tions of the parties to the contract referred associated with Sluice Creek in Guilford, Section 102 of the Water Resources Devel- to in subsection (a). opment Act of 1996 (110 Stat. 3668) is Connecticut, and Lighthouse Point Park in New Haven, Connecticut. SEC. 313. UPPER MISSISSIPPI RIVER AND ILLI- amended— NOIS WATERWAY SYSTEM NAVIGA- (1) by redesignating paragraphs (15) SEC. 308. FRANCIS BLAND FLOODWAY DITCH. TION MODERNIZATION. through (22) as paragraphs (16) through (23), (a) REDESIGNATION.—The project for flood (a) FINDINGS.—Congress finds that— respectively; control, Eight Mile Creek, Paragould, Ar- (1) exports are necessary to ensure job cre- (2) by inserting after paragraph (14) the fol- kansas, authorized by section 401(a) of the ation and an improved standard of living for lowing: Water Resources Development Act of 1986 the people of the United States; ‘‘(15) REPAUPO CREEK AND DELAWARE RIVER, (100 Stat. 4112) and known as ‘‘Eight Mile (2) the ability of producers of goods in the GLOUCESTER COUNTY, NEW JERSEY.—Project Creek, Paragould, Arkansas’’, shall be United States to compete in the inter- for tidegate and levee improvements for known and designated as the ‘‘Francis Bland national marketplace depends on a modern Repaupo Creek and the Delaware River, Floodway Ditch’’. and efficient transportation network; Gloucester County, New Jersey.’’; and (b) LEGAL REFERENCES.—Any reference in (3) a modern and efficient waterway sys- (3) by adding at the end the following: any law, map, regulation, document, paper, tem is a transportation option necessary to ‘‘(24) IRONDEQUOIT CREEK, NEW YORK.— or other record of the United States to the provide United States shippers a safe, reli- Project for flood control, Irondequoit Creek project and creek referred to in subsection able, and competitive means to win foreign watershed, New York. (a) shall be deemed to be a reference to the markets in an increasingly competitive ‘‘(25) TIOGA COUNTY, PENNSYLVANIA.— Francis Bland Floodway Ditch. international marketplace; Project for flood control, Tioga River and SEC. 309. CALOOSAHATCHEE RIVER BASIN, FLOR- (4) the need to modernize is heightened be- Cowanesque River and their tributaries, IDA. cause the United States is at risk of losing Tioga County, Pennsylvania.’’. Section 528(e)(4) of the Water Resources its competitive edge as a result of the prior- SEC. 304. SMALL NAVIGATION PROJECTS. Development Act of 1996 (110 Stat. 3770) is ity that foreign competitors are placing on Section 104 of the Water Resources Devel- amended in the first sentence by inserting modernizing their own waterway systems; opment Act of 1996 (110 Stat. 3669) is before the period at the end the following: ‘‘, (5) growing export demand projected over amended— including potential land acquisition in the the coming decades will force greater de- (1) by redesignating paragraphs (9) through Caloosahatchee River basin or other areas’’. mands on the waterway system of the United (12) as paragraphs (10) through (13), respec- SEC. 310. CUMBERLAND, MARYLAND, FLOOD States and increase the cost to the economy tively; and PROJECT MITIGATION. if the system proves inadequate to satisfy (2) by inserting after paragraph (8) the fol- (a) IN GENERAL.—The project for flood con- growing export opportunities; lowing: trol and other purposes, Cumberland, Mary- (6) the locks and dams on the upper Mis- ‘‘(9) FORTESCUE INLET, DELAWARE BAY, NEW land, authorized by section 5 of the Act of sissippi River and Illinois River waterway JERSEY.—Project for navigation for June 22, 1936 (commonly known as the system were built in the 1930s and have some Fortescue Inlet, Delaware Bay, New Jer- ‘‘Flood Control Act of 1936’’) (49 Stat. 1574, of the highest average delays to commercial sey.’’. chapter 688), is modified to authorize the tows in the country; SEC. 305. STREAMBANK PROTECTION PROJECTS. Secretary to undertake, as a separate part of (7) inland barges carry freight at the low- (a) ARCTIC OCEAN, BARROW, ALASKA.—The the project, restoration of the historic est unit cost while offering an alternative to Secretary shall evaluate and, if justified Chesapeake and Ohio Canal substantially in truck and rail transportation that is envi- under section 14 of the Flood Control Act of accordance with the Chesapeake and Ohio ronmentally sound, is energy efficient, is 1946 (33 U.S.C. 701r), carry out storm damage Canal National Historic Park, Cumberland, safe, causes little congestion, produces little reduction and coastal erosion measures at Maryland, Rewatering Design Analysis, air or noise pollution, and has minimal so- the town of Barrow, Alaska. dated February 1998, at a total cost of cial impact; and (b) SAGINAW RIVER, BAY CITY, MICHIGAN.— $15,000,000, with an estimated Federal cost of (8) it should be the policy of the Corps of The Secretary may construct appropriate $9,750,000 and an estimated non-Federal cost Engineers to pursue aggressively moderniza- control structures in areas along the Sagi- of $5,250,000. tion of the waterway system authorized by naw River in the city of Bay City, Michigan, (b) IN-KIND SERVICES.—The non-Federal in- Congress to promote the relative competi- under authority of section 14 of the Flood terest for the restoration project under sub- tive position of the United States in the Control Act of 1946 (33 Stat. 701r). section (a)— international marketplace. (c) YELLOWSTONE RIVER, BILLINGS, MON- (1) may provide all or a portion of the non- (b) PRECONSTRUCTION ENGINEERING AND DE- TANA.—The streambank protection project at Federal share of project costs in the form of SIGN.—In accordance with the Upper Mis- Coulson Park, along the Yellowstone River, in-kind services; and sissippi River-Illinois Waterway System Billings, Montana, shall be eligible for as- (2) shall receive credit toward the non-Fed- Navigation Study, the Secretary shall pro- sistance under section 14 of the Flood Con- eral share of project costs for design and con- ceed immediately to prepare engineering de- trol Act of 1946 (33 U.S.C. 701r). struction work performed by the non-Federal sign, plans, and specifications for extension S2128 CONGRESSIONAL RECORD — SENATE March 2, 1999 of locks 20, 21, 22, 24, 25 on the Mississippi (i) by striking ‘‘paragraph (1)(B)’’ and in- ‘‘(C) impacts on salmon life cycles from River and the LaGrange and Peoria Locks on serting ‘‘paragraph (1)(A)(ii)’’; and sources other than water resources projects; the Illinois River, to provide lock chambers (ii) by striking ‘‘$7,680,000’’ and all that fol- ‘‘(D) cryopreservation of fish gametes and 110 feet in width and 1,200 feet in length, so lows and inserting ‘‘$10,420,000 for each of fis- formation of a germ plasm repository for that construction can proceed immediately cal years 1999 through 2009.’’; threatened and endangered populations of upon completion of studies and authoriza- (D) by striking paragraphs (5) and (6) and native fish; and tion of projects by Congress. inserting the following: ‘‘(E) other innovative technologies and ac- SEC. 314. UPPER MISSISSIPPI RIVER MANAGE- ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— tions intended to improve fish survival, in- MENT. There is authorized to be appropriated to cluding the survival of resident fish. Section 1103 of the Water Resources Devel- carry out paragraph (1)(C) not to exceed ‘‘(4) COORDINATION.—The Secretary shall opment Act of 1986 (33 U.S.C. 652) is $350,000 for each of fiscal years 1999 through coordinate any activities carried out under amended— 2009. this subsection with appropriate Federal, (1) in subsection (e)— ‘‘(6) TRANSFER OF AMOUNTS.— State, and local agencies, affected Indian (A) by striking ‘‘(e)’’ and all that follows ‘‘(A) IN GENERAL.—For each fiscal year be- tribes, and the Northwest Power Planning through the end of paragraph (2) and insert- ginning after September 30, 1992, the Sec- Council. ing the following: retary, in consultation with the Secretary of ‘‘(5) REPORT.—Not later than 3 years after ‘‘(e) UNDERTAKINGS.— the Interior and the States of Illinois, Iowa, the date of enactment of this section, the ‘‘(1) IN GENERAL.— Minnesota, Missouri, and Wisconsin, may Secretary shall submit to Congress a report ‘‘(A) AUTHORITY.—The Secretary, in con- transfer appropriated amounts between the on the research and development activities sultation with the Secretary of the Interior programs under clauses (i) and (ii) of para- carried out under this subsection, including and the States of Illinois, Iowa, Minnesota, graph (1)(A) and paragraph (1)(C). any recommendations of the Secretary con- Missouri, and Wisconsin, is authorized to ‘‘(B) APPORTIONMENT OF COSTS.—In carry- cerning the research and development activi- undertake— ing out paragraph (1)(D), the Secretary may ties. ‘‘(i) a program for the planning, construc- apportion the costs equally between the pro- ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— tion, and evaluation of measures for fish and grams authorized by paragraph (1)(A).’’; and There is authorized to be appropriated wildlife habitat rehabilitation and enhance- (E) in paragraph (7)— $10,000,000 to carry out research and develop- ment; and (i) in subparagraph (A)— ment activities under paragraph (3). ‘‘(ii) implementation of a program of long- (I) by inserting ‘‘(i)’’ after ‘‘paragraph ‘‘(b) ADVANCED TURBINE DEVELOPMENT.— term resource monitoring, computerized (1)(A)’’; and ‘‘(1) IN GENERAL.—In conjunction with the data inventory and analysis, and applied re- (II) by inserting before the period at the Secretary of Energy, the Secretary shall ac- search. end the following: ‘‘and, in the case of any celerate efforts toward developing and in- ‘‘(B) REQUIREMENTS FOR PROJECTS.—Each project requiring non-Federal cost sharing, stalling in Corps of Engineers-operated dams project carried out under subparagraph (A)(i) the non-Federal share of the cost of the innovative, efficient, and environmentally shall— project shall be 35 percent’’; and safe hydropower turbines, including design of ‘‘(i) to the maximum extent practicable, (ii) in subparagraph (B), by striking ‘‘para- fish-friendly turbines, for use on the Colum- simulate natural river processes; graphs (1)(B) and (1)(C) of this subsection’’ bia/Snake River hydrosystem. ‘‘(ii) include an outreach and education and inserting ‘‘paragraph (1)(A)(ii)’’; ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— component; and (2) in subsection (f)(2)— There is authorized to be appropriated ‘‘(iii) on completion of the assessment (A) in subparagraph (A), by striking ‘‘(A)’’; $35,000,000 to carry out this subsection. under subparagraph (D), address identified and ‘‘(c) MANAGEMENT OF PREDATION ON COLUM- habitat and natural resource needs. (B) by striking subparagraph (B); and BIA/SNAKE RIVER SYSTEM NATIVE FISHES.— ‘‘(C) ADVISORY COMMITTEE.—In carrying out (3) by adding at the end the following: ‘‘(1) NESTING AVIAN PREDATORS.—In con- ‘‘(k) ST. LOUIS AREA URBAN WILDLIFE HABI- subparagraph (A), the Secretary shall create junction with the Secretary of Commerce TAT.—The Secretary shall investigate and, if an independent technical advisory commit- and the Secretary of the Interior, and con- appropriate, carry out restoration of urban tee to review projects, monitoring plans, and sistent with a management plan to be devel- wildlife habitat, with a special emphasis on habitat and natural resource needs assess- oped by the United States Fish and Wildlife the establishment of greenways in the St. ments. Service, the Secretary shall carry out meth- Louis, Missouri, area and surrounding com- ods to reduce nesting populations of avian ‘‘(D) HABITAT AND NATURAL RESOURCE munities.’’. NEEDS ASSESSMENT.— predators on dredge spoil islands in the Co- SEC. 315. RESEARCH AND DEVELOPMENT PRO- ‘‘(i) AUTHORITY.—The Secretary is author- lumbia River under the jurisdiction of the GRAM FOR COLUMBIA AND SNAKE Secretary. ized to undertake a systemic, river reach, RIVERS SALMON SURVIVAL. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— and pool scale assessment of habitat and nat- Section 511 of the Water Resources Devel- There is authorized to be appropriated ural resource needs to serve as a blueprint to opment Act of 1996 (16 U.S.C. 3301 note; Pub- guide habitat rehabilitation and long-term lic Law 104–303) is amended by striking sub- $1,000,000 to carry out research and develop- resource monitoring. section (a) and all that follows and inserting ment activities under this subsection. ‘‘(ii) DATA.—The habitat and natural re- the following: ‘‘(d) IMPLEMENTATION.—Nothing in this sec- source needs assessment shall, to the maxi- ‘‘(a) SALMON SURVIVAL ACTIVITIES.— tion affects the authority of the Secretary to mum extent practicable, use data in exist- ‘‘(1) IN GENERAL.—In conjunction with the implement the results of the research and ence at the time of the assessment. Secretary of Commerce and Secretary of the development carried out under this section ‘‘(iii) TIMING.—The Secretary shall com- Interior, the Secretary shall accelerate on- or any other law.’’. plete a habitat and natural resource needs going research and development activities, SEC. 316. NINE MILE RUN HABITAT RESTORA- assessment not later than 3 years after the and may carry out or participate in addi- TION, PENNSYLVANIA. date of enactment of this subparagraph. tional research and development activities, The Secretary may credit against the non- ‘‘(2) REPORTS.—On December 31, 2005, in for the purpose of developing innovative Federal share such costs as are incurred by consultation with the Secretary of the Inte- methods and technologies for improving the the non-Federal interests in preparing envi- rior and the States of Illinois, Iowa, Min- survival of salmon, especially salmon in the ronmental and other preconstruction docu- nesota, Missouri, and Wisconsin, the Sec- Columbia/Snake River Basin. mentation for the habitat restoration retary shall prepare and submit to Congress ‘‘(2) ACCELERATED ACTIVITIES.—Accelerated project, Nine Mile Run, Pennsylvania, if the a report that— research and development activities referred Secretary determines that the documenta- ‘‘(A) contains an evaluation of the pro- to in paragraph (1) may include research and tion is integral to the project. grams described in paragraph (1); development related to— SEC. 317. LARKSPUR FERRY CHANNEL, CALIFOR- ‘‘(B) describes the accomplishments of ‘‘(A) impacts from water resources projects NIA. each program; and other impacts on salmon life cycles; The Secretary shall work with the Sec- ‘‘(C) includes results of a habitat and natu- ‘‘(B) juvenile and adult salmon passage; retary of Transportation on a proposed solu- ral resource needs assessment; and ‘‘(C) light and sound guidance systems; tion to carry out the project to maintain the ‘‘(D) identifies any needed adjustments in ‘‘(D) surface-oriented collector systems; Larkspur Ferry Channel, Larkspur, Califor- the authorization under paragraph (1) or the ‘‘(E) transportation mechanisms; and nia, authorized by section 601(d) of the Water authorized appropriations under paragraphs ‘‘(F) dissolved gas monitoring and abate- Resources Development Act of 1986 (100 Stat. (3), (4), and (5).’’; ment. 4148). (B) in paragraph (3)— ‘‘(3) ADDITIONAL ACTIVITIES.—Additional re- SEC. 318. COMPREHENSIVE FLOOD IMPACT-RE- (i) by striking ‘‘paragraph (1)(A)’’ and in- search and development activities referred SPONSE MODELING SYSTEM. serting ‘‘paragraph (1)(A)(i)’’; and to in paragraph (1) may include research and (a) IN GENERAL.—The Secretary may study (ii) by striking ‘‘Secretary not to exceed’’ development related to— and implement a Comprehensive Flood Im- and all that follows and inserting ‘‘Secretary ‘‘(A) studies of juvenile salmon survival in pact-Response Modeling System for the not to exceed $22,750,000 for each of fiscal spawning and rearing areas; Coralville Reservoir and the Iowa River wa- years 1999 through 2009.’’; ‘‘(B) estuary and near-ocean juvenile and tershed, Iowa. (C) in paragraph (4)— adult salmon survival; (b) STUDY.—The study shall include— March 2, 1999 CONGRESSIONAL RECORD — SENATE S2129

(1) an evaluation of the combined hydro- (D) CONSIDERATION.—Consideration for land (C) Potential establishment of a water as- logic, geomorphic, environmental, economic, conveyed under this subsection shall be the surance district consistent with other such social, and recreational impacts of operating fair market value of the land. districts established by the State of Kansas. strategies within the watershed; (3) DISPOSAL.—Any land described in para- (D) Protection of existing project purposes (2) creation of an integrated, dynamic flood graph (1) for which an application has not at Kanopolis Dam to include flood control, impact model; and been filed under paragraph (2)(B) within the recreation, and fish and wildlife. (3) the development of a rapid response sys- applicable time period shall be disposed of in (b) IN-KIND CREDIT.— tem to be used during flood and emergency accordance with law. (1) IN GENERAL.—The Secretary may nego- situations. (4) EXTINGUISHMENT OF EASEMENTS.—All tiate a credit for a portion of the financial (c) REPORT TO CONGRESS.—Not later than 5 flowage easements acquired by the United repayment to the Federal Government for years after the date of enactment of this States for use in the Candy Lake project in work performed by the State of Kansas, or Act, the Secretary shall transmit a report to Osage County, Oklahoma, are extinguished. another non-Federal interest, on land adja- Congress on the results of the study and (c) NOTICE.— cent or in close proximity to the project, if modeling system and such recommendations (1) IN GENERAL.—The Secretary shall the work provides a benefit to the project. as the Secretary determines to be appro- notify— (2) WORK INCLUDED.—The work for which priate. (A) each person identified as a previous credit may be granted may include water- (d) AUTHORIZATION OF APPROPRIATIONS.— owner of land under subsection (b)(2)(C), not shed protection and enhancement, including There is authorized to be appropriated a later than 90 days after identification, by wetland construction and ecosystem restora- total of $2,250,000 to carry out this section. United States mail; and tion. SEC. 319. STUDY REGARDING INNOVATIVE FI- (B) the general public, not later than 90 SEC. 325. NEW YORK CITY WATERSHED. NANCING FOR SMALL AND MEDIUM- days after the date of enactment of this Act, Section 552(d) of the Water Resources De- SIZED PORTS. by publication in the Federal Register. velopment Act of 1996 (110 Stat. 3780) is (a) STUDY.—The Comptroller General of (2) CONTENTS OF NOTICE.—Notice under this amended by striking ‘‘for the project to be the United States shall conduct a study and subsection shall include— carried out with such assistance’’ and insert- analysis of various alternatives for innova- (A) a copy of this section; ing ‘‘, or a public entity designated by the tive financing of future construction, oper- (B) information sufficient to separately State director, to carry out the project with ation, and maintenance of projects in small identify each parcel of land subject to this such assistance, subject to the project’s and medium-sized ports. section; and (b) REPORT.—Not later than 270 days after meeting the certification requirement of (C) specification of the fair market value the date of enactment of this Act, the Comp- subsection (c)(1)’’. of each parcel of land subject to this section. troller General shall submit to the Commit- SEC. 326. CITY OF CHARLEVOIX REIMBURSE- (3) OFFICIAL DATE OF NOTICE.—The official tee on Environment and Public Works of the MENT, MICHIGAN. date of notice under this subsection shall be Senate and Committee on Transportation The Secretary shall review and, if consist- the later of— and Infrastructure of the House of Rep- ent with authorized project purposes, reim- (A) the date on which actual notice is resentatives and the results of the study and burse the city of Charlevoix, Michigan, for mailed; or any related legislative recommendations for the Federal share of costs associated with (B) the date of publication of the notice in consideration by Congress. construction of the new revetment connec- the Federal Register. tion to the Federal navigation project at SEC. 320. CANDY LAKE PROJECT, OSAGE COUNTY, SEC. 321. SALCHA RIVER AND PILEDRIVER OKLAHOMA. Charlevoix Harbor, Michigan. SLOUGH, FAIRBANKS, ALASKA. (a) DEFINITIONS.—In this section: SEC. 327. HAMILTON DAM FLOOD CONTROL The Secretary shall evaluate and, if justi- (1) FAIR MARKET VALUE.—The term ‘‘fair PROJECT, MICHIGAN. fied under section 205 of the Flood Control market value’’ means the amount for which The Secretary may construct the Hamilton Act of 1948 (33 U.S.C. 701s), carry out flood Dam flood control project, Michigan, under a willing buyer would purchase and a willing damage reduction measures along the lower seller would sell a parcel of land, as deter- authority of section 205 of the Flood Control Salcha River and on Piledriver Slough, from Act of 1948 (33 U.S.C. 701s). mined by a qualified, independent land ap- its headwaters at the mouth of the Salcha praiser. River to the Chena Lakes Flood Control SEC. 328. HOLES CREEK FLOOD CONTROL PROJECT, OHIO. (2) PREVIOUS OWNER OF LAND.—The term Project, in the vicinity of Fairbanks, Alaska, (a) IN GENERAL.—Notwithstanding any ‘‘previous owner of land’’ means a person (in- to protect against surface water flooding. cluding a corporation) that conveyed, or a other provision of law, the non-Federal share SEC. 322. EYAK RIVER, CORDOVA, ALASKA. of project costs for the project for flood con- descendant of a deceased individual who con- The Secretary shall evaluate and, if justi- trol, Holes Creek, Ohio, shall not exceed the veyed, land to the Corps of Engineers for use fied under section 205 of the Flood Control sum of— in the Candy Lake project in Osage County, Act of 1948 (33 U.S.C. 701s), carry out flood (1) the total amount projected as the non- Oklahoma. damage reduction measures along the Eyak Federal share as of September 30, 1996, in the (3) SECRETARY.—The term ‘‘Secretary’’ River at the town of Cordova, Alaska. Project Cooperation Agreement executed on means the Secretary of the Army. SEC. 323. NORTH PADRE ISLAND STORM DAMAGE (b) LAND CONVEYANCES.— REDUCTION AND ENVIRONMENTAL that date; and (1) IN GENERAL.—The Secretary shall con- RESTORATION PROJECT. (2) 100 percent of the amount of any in- vey, in accordance with this section, all The Secretary shall carry out a project for creases in the cost of the locally preferred right, title, and interest of the United States ecosystem restoration and storm damage re- plan over the cost estimated in the Project in and to the land acquired by the United duction at North Padre Island, Corpus Chris- Cooperation Agreement. States for the Candy Lake project in Osage ti Bay, Texas, at a total estimated cost of (b) REIMBURSEMENT.—The Secretary shall County, Oklahoma. $30,000,000, with an estimated Federal cost of reimburse the non-Federal interest any (2) PREVIOUS OWNERS OF LAND.— $19,500,000 and an estimated non-Federal cost amount paid by the non-Federal interest in (A) IN GENERAL.—The Secretary shall give of $10,500,000, if the Secretary finds that the excess of the non-Federal share. a previous owner of land first option to pur- work is technically sound, environmentally SEC. 329. OVERFLOW MANAGEMENT FACILITY, chase the land described in paragraph (1). acceptable, and economically justified. RHODE ISLAND. (B) APPLICATION.— SEC. 324. KANOPOLIS LAKE, KANSAS. Section 585(a) of the Water Resources De- (i) IN GENERAL.—A previous owner of land (a) WATER SUPPLY.— velopment Act of 1996 (110 Stat. 3791) is that desires to purchase the land described (1) IN GENERAL.—Not later than 1 year after amended by striking ‘‘river’’ and inserting in paragraph (1) that was owned by the pre- the date of enactment of this Act, the Sec- ‘‘sewer’’. vious owner of land, or by the individual retary, in cooperation with the State of Kan- Mr. CHAFEE. Mr. President, today I from whom the previous owner of land is de- sas or another non-Federal interest, shall am pleased to join other members of scended, shall file an application to purchase complete a water supply reallocation study the Committee on Environment and the land with the Secretary not later than at the project for flood control, Kanopolis 180 days after the official date of notice to Lake, Kansas, as a basis on which the Sec- Public Works in introducing the Water the previous owner of land under subsection retary shall enter into negotiations with the Resources Development Act of 1999. (c). State of Kansas or another non-Federal in- This measure, similar to water re- (ii) FIRST TO FILE HAS FIRST OPTION.—If terest for the terms and conditions of a re- sources legislation enacted in 1986, more than 1 application is filed for a parcel allocation of the water supply. 1988, 1990, 1992, and 1996, is comprised of of land described in paragraph (1), first op- (2) OPTIONS.—The negotiations for storage water resources project and study au- tions to purchase the parcel of land shall be reallocation shall include the following op- thorizations and policy modifications allotted in the order in which applications tions for evaluation by all parties: for the U.S. Army Corps of Engineers for the parcel of land were filed. (A) Financial terms of storage realloca- Civil Works program. (C) IDENTIFICATION OF PREVIOUS OWNERS OF tion. LAND.—As soon as practicable after the date (B) Protection of future Federal water re- The bill we are proposing today is of enactment of this Act, the Secretary leases from Kanopolis Dam, consistent with virtually identical to legislation that shall, to the extent practicable, identify State water law, to ensure that the benefits was approved unanimously by the Sen- each previous owner of land. expected from releases are provided. ate last October. That measure, S. 2131, S2130 CONGRESSIONAL RECORD — SENATE March 2, 1999 was sent to the House late in the pre- non-structural flood control and envi- back in the United States after spend- vious Congress and, despite and best ef- ronmental projects. In addition, we are ing two years as a Peace Corps Volun- forts of our colleagues in the other recommending that the cost-sharing teer in a rural village in the Dominican body, went no further. As such, it is formula be changed for maintenance of Republic. Like many who heeded Presi- our desire to advance this year’s bill as future shoreline protection projects. dent Kennedy’s call to do something expeditiously as possible. Finally, Mr. President, I want to in- larger than ourselves, to be a part of We have carefully reviewed each item dicate that we have encouraged our something greater than our own exist- within the bill and have included those colleagues in the House of Representa- ence, my service in the Peace Corps re- that are consistent with the commit- tives to try to resolve their differences mains one of the most important peri- tee’s traditional authorization criteria. on the proposed Sacramento, Califor- ods in my life. Mr. President, let me take a few mo- nia, flood control project. It seems to When I served in the Peace Corps, ments here to discuss these criteria— me that there are legitimate concerns nearly all of us volunteers had similar that is—the criteria used by the Com- and issues on both sides, but I am opti- experiences. We worked in small iso- mittee to judge project authorization mistic that they will reach an agree- lated villages with little in the way of requests. ment. I stand ready to do whatever I modern conveniences. The world since On November 17, 1986, President can to facilitate a successful resolu- that time has changed and the Peace Reagan signed into law the Water Re- tion. Corps has been evolving to meet new sources Development Act of 1986. Im- This legislation is vitally important demands. Today’s volunteers specialize portantly, the 1986 act marked an end for countless states and communities in education, the environment, small to the 16-year deadlock between Con- across the country. For economic and business, agriculture and other fields. gress and the Executive Branch regard- life-safety reasons, we must maintain In 1996, the Peace Corps developed a ing authorization of the Army Corps our harbors, ports and inland water- ‘‘Crisis Corps’’ to provide short term Civil Works program. ways, our flood control levees and emergency and humanitarian assist- In addition to authorizing numerous shorelines, and the environment. I ask ance in situations ranging from natu- projects, the 1986 act resolved long- for the cooperation of colleagues so ral disasters to refugee crises. While standing disputes relating to cost-shar- that we can swiftly complete this un- many volunteers continue to live in re- ing between the Army Corps and non- finished business from 1998. It would be mote villages, this is no longer an iron federal sponsors, waterway user fees, my strong desire to complete action on clad rule. Some now labor in urban environmental requirements and, im- this bill within the next several weeks areas, passing on the skills needed to portantly, the types of projects in so that we can prepare for WRDA 2000. start and run businesses. which Federal involvement is appro- The more than 6,500 volunteers who priate and warranted. By Mr. DODD (for himself and today serve in 87 nations are a more di- The criteria used to develop the leg- Mr. COVERDELL): verse group than the one I joined three islation before us are consistent with S. 509. A bill to amend the Peace decades ago. When I served, the Corps the reforms and procedures established Corps Act to authorize appropriations was mostly male and mostly young. in the landmark Water Resources De- for fiscal years 2000 through 2003 to Today, however, nearly sixty percent velopment Act of 1986. carry out that Act, and for other pur- of all volunteers are women, a quarter Is a project for flood control, naviga- poses; to the Committee on Foreign are over 29, and six percent are over tion or some other purpose cost-shared Relations. fifty. While the face and methods of the in a manner consistent with the 1986 f Peace Corps have changed over the act? PEACE CORPS ACT AMENDMENTS years, its goal has remained constant: Have all of the requisite reports and Mr. DODD. Mr. President, I rise to help people of other countries meet studies on economic, engineering and today to speak about the Peace Corps their needs for trained personnel; to environmental feasibility been com- and to join with my colleague Senator help promote understanding of the pleted for a project? PAUL COVERDELL to introduce legisla- American people by those we serve; and Is a project consistent with the tradi- tion to make technical modifications to help promote better understanding tional and appropriate mission of the to the Peace Corps Act. among the American people about the Army Corps? The changes made by this legislation world beyond our borders. Should the federal government be in- are purely technical and largely de- By building bridges between the volved? signed to remove certain outmoded re- United States and other countries, the These, Mr. President, are the fun- strictions on Peace Corps activities. I Peace Corps advances our foreign pol- damental questions that we have ap- would ask unanimous consent to have icy by communicating America’s val- plied to each and every project in- printed in the RECORD a section-by-sec- ues and ideas to other peoples around cluded here for authorization. tion analysis of this bill at the conclu- the globe. This legislation, only slightly modi- sion of my remarks. It is an indication of the success of fied from last year’s Senate-passed bill, Now let me turn to the general sub- the Peace Corps that, while the current authorizes the Secretary of the Army ject of the Peace Corps as today is the class of volunteers is providing new to construct some 36 projects for flood thirty eighth anniversary of its estab- services and working in countries control, navigation, and environmental lishment. Thirty eight years ago, a never served before, the demand con- restoration. The bill also modifies 43 young President recognized the power tinues to outpace supply. We need only existing Army Corps projects and au- that American ingenuity, idealism and, look at a newspaper, Mr. President, to thorizes 29 project studies. In total, most of all, volunteerism could have on see where Peace Corps volunteers are this bill authorizes an estimated fed- the lives of people around the world. In needed. In the Caribbean countries rav- eral cost of 2.1 billion dollars. The only order to harness that energy, President aged by Hurricane Georges and Mitch, significant changes in this year’s ver- Kennedy formed a small army, not of in formerly war-torn areas of Africa sion are that we have extracted soldiers to make war, but of volunteers and in countries where the skills need- projects authorized in the FT99 Omni- to build peace through mutual under- ed to start a business have been nearly bus Appropriations Act. standing. erased by decades of communist rule. Mr. President, this legislation in- Since its inception in 1961, more than In order to meet these needs, Congress cludes other project-specific and gen- 151,000 Peace Corps volunteers have and President Clinton have set the ad- eral provisions related to Army Corps battled against the scourges of mal- mirable goal of reaching 10,000 Peace operations. Among them are two provi- nutrition, illiteracy and economic Corps volunteers by 2000. sions sought by Senator BOND and oth- underdevelopment in 132 countries The Peace Corps, Mr. President, ers to enhance the environment along around the world. I can speak with stands as an example of what is great the Missouri and Mississippi Rivers. We some personal experience about the about the United States. Our vol- have also included a modified version Peace Corps as I have had the privilege unteerism, humanity and sense of jus- of the Administration’s so-called Chal- to serve as a volunteer. In fact, slightly tice are proudly displayed in the face of lenge 21 initiative to encourage more more than thirty years ago, I arrived each volunteer we send overseas. And March 2, 1999 CONGRESSIONAL RECORD — SENATE S2131 every time I meet volunteers about to (8) Section 15(d)(11) of such Act (22 U.S.C. references to 5 U.S.C. 5732 and 31 U.S.C. 3342 embark on their two years of service, I 2514(d)(11)), as amended by this section, is reflect recodification of provisions relating share their sense of excitement. If each further amended by striking ‘‘Foreign Serv- to reimbursement for the cost of transpor- of us, in our daily lives, work in the ice Act of 1946, as amended (22 U.S.C. 801 et tation of baggage and effects, and check seq.)’’ and inserting ‘‘Foreign Service Act of cashing privileges in those titles. No sub- same spirit as those volunteers—help- 1980 (22 U.S.C. 3901 et seq.)’’. stantive change is involved. ing those around us and sharing the Section 2(b)(3) replaces the reference to values of our nation—the United States SECTION-BY-SECTION ANALYSIS ‘section 1757 of the Revised Statutes of the will indeed have a proud and bright fu- SEC. 1. AUTHORIZATION OF APPROPRIATIONS FOR United States, as amended (5 U.S.C. 16)’ with ture. FISCAL YEARS 2000 THROUGH 2003 TO CARRY ‘section 3331 of title 5, United States Code,’ Mr. President, I ask unanimous con- OUT THE PEACE CORPS ACT reflecting the codification of the statutory sent that a summary and the text of This section amends the Peace Corps Act oath for employees in 1966. Section 2(b)(4) replaces the reference to 31 the bill be printed in the RECORD. to provide the following authorizations of appropriations: Fiscal Year 2000—$270 mil- U.S.C. 665(b) with ‘31 U.S.C. 1342,’ reflecting There being no objection, the mate- the 1982 revision of title 31. rial was orderd printed in the RECORD, lion, Fiscal Year 2001—$298 million, Fiscal Year 2002—$327 million, Fiscal Year 2003— Section 2(b)(5) amends section 15(c)2 as follows: [Footnote] by striking out ‘Public Law 84– $365 million. The Committee understands 918 (7 U.S.C. 1881 et seq.)’ and inserting in S. 509 that these amounts are consistent with Of- lieu thereof subchapter VI of chapter 33, title Be it enacted by the Senate and House of fice of Management & Budget and Peace 5, United States Code (5 U.S.C. 3371 et seq.).’ Representatives of the United States of America Corps estimates of amounts required to meet Section 15(c) of the Peace Corps Act author- in Congress assembled, the 10,000 volunteer target by the end of Fis- izes training for employees at private and SECTION 1. AUTHORIZATION OF APPROPRIA- cal Year 2003. The Committee also under- public agencies. The statutory provisions re- TIONS FOR FISCAL YEARS 2000 stands that these amounts are already part lating to employee training were transferred THROUGH 2003 TO CARRY OUT THE of the Administration’s outyear projections PEACE CORPS ACT. from title 7 to title 5 in 1970. for Fiscal Years 2001–2003. Section 3(b) of the Peace Corps Act (22 [Footnote] 222 U.S.C. subsection 2514(c). U.S.C. 2502(b)) is amended to read as follows: SEC. 2. MISCELLANEOUS AMENDMENTS TO THE Section 2(b)(6) amends paragraph 15(d)(2)3 ‘‘(b)(1) There are authorized to be appro- PEACE CORPS ACT [Footnote] by striking out ‘section 9 of priated to carry out the purposes of this Act Section 2(a) adds a new paragraph (13) to Public Law 60–328 (31 U.S.C. 673)’ and inserts $270,000,000 for fiscal year 2000, $298,000,000 for subsection 15(d).1 in lieu thereof 31 U.S.C. 1346.’ This section of fiscal year 2001, $327,000,000 for fiscal year [Footnote] The new paragraph would ex- the Peace Corps Act authorizes the payment 2002, and $365,000,000 for fiscal year 2003. empt the Peace Corps from 49 U.S.C. 40118 of expenses to attend meetings related to the ‘‘(2) Amounts authorized to be appro- with respect to flights between two points Peace Corps Act. No substantive change is priated under paragraph (1) for a fiscal year abroad to the same extent other foreign serv- intended. It is another change required by are authorized to remain available for that ice agencies are exempt from that section. the 1982 revision of title 31. fiscal year and the subsequent fiscal year.’’. [Footnote] 122 U.S.C. subsection 2214(d). [Footnote] 322 U.S.C. subsection 2514(d)(2). SEC. 2. MISCELLANEOUS AMENDMENTS TO THE Under 49 U.S.C. subsection 40118(d), the De- Section 2(b)(7) strikes out ‘without regard PEACE CORPS ACT. partment of State and the Agency for Inter- to section 3561 of the Revised Statutes (31 (a) INTERNATIONAL TRAVEL.—Section 15(d) national Development (AID) are exempt U.S.C. 543)’. This statute, which contained a of such Act (22 U.S.C. 2514(d)) is amended— from the requirements of 49 U.S.C. 40118 for restriction on currency exchanges, has been (1) in paragraph (11), by striking ‘‘and’’ at travel between two places outside the United repealed and apparently was not replaced. the end; States by employees and their dependents. Section 2(b)(8) strikes out ‘Foreign Service (2) in paragraph (12), by striking the period Determining which carriers overseas are U.S. Act of 1946, as amended (22 U.S.C. 801 et seq.)’ at the end and inserting ‘‘; and’’; and certified or have agreements with the U.S. and inserts in lieu thereof: ‘Foreign Service (3) by adding at the end the following: that qualify them under section 40118 is a Act of 1980, as amended (22 U.S.C. 3901 et ‘‘(13) the transportation of Peace Corps em- complex undertaking. Posts and individuals seq.)’. The Foreign Service Act was rewritten ployees, Peace Corps volunteers, dependents must make decisions in this area at the risk and renamed in 1980. of such employees and volunteers, and ac- of having their travel costs disallowed. The Mr. COVERDELL. Mr. President, I Committee believes that administrative pro- companying baggage, by a foreign air carrier am pleased to join my colleague from when the transportation is between two visions affecting foreign service agencies Connecticut, Senator DODD, and my places outside the United States without re- should be as consistent as possible. For in- gard to section 40118 of title 49, United stance, a Peace Corps employee who is flying colleagues in the House, in introducing States Code.’’. with an AID employee to attend a meeting a reauthorization of the Peace Corps (b) TECHNICAL AMENDMENTS.—(1) Section should be able to fly on the same plane with- Act. This legislation authorizes a 12 5(f)(1)(B) of such Act (22 U.S.C. 2504(f)(1)(B)) out fear of being penalized under section percent increase for the fiscal year is amended by striking ‘‘Civil Service Com- 40118. This provision would extend to Peace Peace Corps budget and is part of a mission’’ and inserting ‘‘Office of Personnel Corps employees and Volunteers the same multi-year plan to enable the Peace treatment now available to other foreign Management’’. Corps to reach its goal of 10,000 volun- (2) Section 5(h) of such Act (22 U.S.C. service agency employees. 2504(h)) is amended by striking ‘‘the Federal Section 2(b) makes technical changes to teers. Reaching this level has been a Voting Assistance Act of 1955 (5 U.S.C. 2171 sections 5, 10 and 15 of the Peace Corps Act long standing goal—set into law in et seq.)’’ and all that follows through ‘‘(31 (hereinafter the Act) to reflect changes in 1985—and I am pleased that this legis- U.S.C. 492a),’’ and inserting ‘‘section 3342 of statutory citations that have occurred since lation would accomplish this as the title 31, United States Code, section 5732 enactment of the Act. Peace Corps readies to enter the 21st and’’. Section 2(b)(1) strikes out ‘Civil Service century. (3) Section 5(j) of such Act (22 U.S.C. Commission’ in section 5(f)(1)(B) and inserts in lieu thereof ‘Office of Personnel Manage- As former Director of the Peace 2504(j)) is amended by striking ‘‘section 1757 Corps, I have learned first-hand of the of the Revised Statutes of the United ment.’ The Civil Service Commission was re- States’’ and all that follows and inserting placed by the Office of Personnel Manage- tremendous impact that the relatively ‘‘section 3331 of title 5, United States Code.’’. ment in 1966. small amount we spend on the Peace (4) Section 10(a)(4) of such Act (22 U.S.C. Section 2(b)(2) amends section 5(h) of the Corps has throughout the world. Not 2509(a)(4)) is amended by striking ‘‘31 U.S.C. Act (22 U.S.C. 2504(h)) in several respects. It only does the Peace Corps continue to 665(b)’’ and inserting ‘‘section 1342 of title 31, strikes out references to the Federal Voting be a cost effective tool for providing United States Code’’. Assistance Act of 1955 (5 U.S.C. 2171 et seq.), assistance and developing stronger ties the Act of June 4, 1954, chapter 264, section 4 (5) Section 15(c) of such Act (22 U.S.C. with the international community, it 2514(c)) is amended by striking ‘‘Public Law (5 U.S.C. 73b–5, the Act of December 23, 1944, 84–918 (7 U.S.C. 1881 et seq.)’’ and inserting chapter 716, section 1, as amended (31 U.S.C. has also trained over 150,000 Americans ‘‘subchapter VI of chapter 33 of title 5, 492a) and inserts references to 5 U.S.C. 5732 in the cultures and languages of coun- United States Code’’. and 31 U.S.C. 3342. The Federal Voting As- tries around the world. Returned vol- (6) Section 15(d)(2) of such Act (22 U.S.C. sistance Act has been repealed and replaced unteers often use these skills and expe- 2514(d)(2)) is amended by striking ‘‘section 9 by a provision (42 U.S.C. 1973cc et seq.) which riences to contribute to myriad sectors of Public Law 60–328 (31 U.S.C. 673)’’ and in- is available to all American citizens over- of our society—government, business, serting ‘‘section 1346 of title 31, United seas. It is unnecessary, therefore, to consider education, health, and social services, States Code’’. Volunteers federal employees to provide (7) Section 15(d)(6) of such Act (22 U.S.C. them with the benefits of the Act; therefore, just to name a few. What a rich re- 2514(d)(6)) is amended by striking ‘‘without the reference to voter assistance in this pro- source the Peace Corps is for the regard to section 3561 of the Revised Stat- vision can be deleted. The replacement of United States as the world grows clos- utes (31 U.S.C. 543)’’. references to sections of titles 5 and 31 with er. S2132 CONGRESSIONAL RECORD — SENATE March 2, 1999 Peace Corps volunteers continue to Corps as it prepares to enter the 21st This type of stealth tactic to accom- provide unique leadership around the century, putting it on the firm footing modate international interests does world by representing the finest char- it needs and deserves. I firmly believe not serve the needs and desires of the acteristics of the American people: a that a rejuvenated Peace Corps will American people. Rather, it is an en- strong work ethic, generosity of spirit, help ensure that America continues to croachment by the Executive branch and a commitment to service. The be an engaged world leader, and that on congressional authority. interpersonal nature of the Peace we continue to share with other coun- We are facing a threat to our sov- Corps has allowed volunteers to estab- tries our own legacy of freedom, inde- ereignty by the creation of these land lish a collective record of public serv- pendence, and prosperity. This is an in- reserves in our public lands. I also be- ice that is well respected and recog- vestment in our country and our world lieve the rights of private landowners nized in all corners of the world. that we need to make. must be protected if these inter- Several Members of Congress, includ- national land designations are made. ing Senator DODD, have contributed to By Mr. CAMPBELL (for himself, Even more disturbing is the fact the this legacy of service and volunteer- Mr. CRAIG, Mr. KYL, Mr. CRAPO, executive branch elected to be a party ism. I believe they have experienced Mr. GORTON, and Mr. GRAMS): to this ‘‘Biosphere Reserve’’ program the value of the Peace Corps and its S. 510. A bill to preserve the sov- without the approval of Congress or commitment to serving others, and I ereignty of the United States over pub- the American people. The absence of am certain that my colleague from lic lands and acquired lands owned by congressional oversight in this area is Connecticut would consider this Peace the United States, and to preserve a serious concern. Corps experience invaluable to his State sovereignty and private property In fact most of these international work today. As I have said before and I rights in non-Federal lands surround- land reserves have been created with think it deserves repeating, virtually ing those public lands and acquired minimal, if any, congressional input or every ambassador and official rep- lands; to the Committee on Energy and oversight or public consultation. The resentative I have met from countries Natural Resources. current system for implementing inter- with volunteers is an enthusiastic sup- THE AMERICAN LAND SOVEREIGNTY PROTECTION national land reserves diminishes the porter of the Peace Corps. They all ACT power and sovereignty of the Congress have viewed the Peace Corps as the Mr. CAMPBELL. Mr. President, to exercise its constitutional power to most successful program of its kind. today I introduce the American Land make laws that govern lands belonging Mr. President, I believe that the time Sovereignty Protection Act of 1999. I to the United States. Congress must is right to expand the number of Peace am pleased to be joined by my col- protect individual property owners, Corps volunteers. As the needs of peo- leagues, Senators CRAIG, KYL, CRAPO, local communities, and state sov- ple in developing countries continue to GORTON, and GRAMS who are original ereignty which may be adversely im- grow, so too does the number of enthu- cosponsors of the bill. pacted economically by any such inter- siastic Americans desiring to serve. This bill enforces our position as national agreements. Over the last 4 years, the number of strong supporters of American public As policymaking authority is further Americans requesting information lands and private property rights, and centralized by the executive branch at about joining the Peace Corps in- is based upon legislation which I intro- the federal level, the role of ordinary creased by almost 40 percent. Yet, dur- duced in the 105th Congress, S. 2098. citizens in the making of this policy ing the same period, the Peace Corps Since then I have received input from through their elected representatives is has only been able to support a 2 per- Coloradans and revised the bill accord- diminished. The administration has al- cent-increase in volunteers. ingly, as I am concerned about the set- lowed some of America’s most sym- In addition, the Peace Corps has ting aside of public lands by the federal bolic monuments of freedom, such as taken steps to streamline agency oper- government for international agree- the Statue of Liberty and Independence ations to channel more resources in ments and oversight. Hall to be listed as World Heritage support of additional volunteers. Head- The absence of congressional over- Sites. Furthermore the United Nations quarter staffing has been reduced 13 sight in such programs as the United has listed national parks including Yel- percent since 1993. Five of 16 domestic Nations Biosphere Reserve is of special lowstone National Park—our nation’s recruiting offices and 13 country pro- concern to me. The United Nations has first national park—as a World Herit- grams have been closed since fiscal designated 47 Biosphere Reserves in the age Site. year 1996. Financial savings in basic United States which contain a total Federal legislation is needed to re- business operations have been achieved area greater than the size of my home quire the specific approval of Congress by realigning the headquarters organi- state of Colorado. before any area within the borders of zation and improving overseas finan- The United Nations remains the only the United States is made part of an cial operations. The sum of all the fi- multi-national body to share perspec- international land reserve. My bill re- nancial savings have contributed to a tives on a global scale. The United asserts Congress’ Constitutional role in 14 percent-reduction in the average States, as the leading economic and the creation of rules and regulations cost per volunteer (in constant dollars) military world power, should maintain governing lands belonging to the since 1993. an influential role. However, the intru- United States and its people. Today, nearly 6,700 volunteers serve sive implications of the U.N. Biosphere I ask unanimous consent that the bill in 80 countries around the world, work- Reserve program have created a prob- be printed in the RECORD and urge my ing with local communities to build a lem that must be addressed by the Con- colleagues to support its passage. better future. This increase in Volun- gress. There being no objection, the bill was teers will help the Peace Corps expand A Biosphere Reserve is a federally- ordered to be printed in the RECORD, as in areas such as the Caucasus, Central zoned and coordinated region that follows: Asia, and Africa as well as in Jordan, could prohibit certain uses of private S. 510 China, Bangladesh, and Mozambique. lands outside of the designated inter- Be it enacted by the Senate and House of Rep- Increased funding will also help expand national area. The executive branch is resentatives of the United States of America in the work of the ‘‘Crisis Corps,’’ a group agreeing to manage the designated Congress assembled, of experienced Peace Corps volunteers area in accordance with an underlying SECTION 1. SHORT TITLE. who have the necessary background to agreement which may have implica- This Act may be cited as the ‘‘American make valuable contributions in emer- tions on non-federal land outside the Land Sovereignty Protection Act’’. gency situations. Crisis Corp volun- affected area. For example, when resi- SEC. 2. FINDINGS AND PURPOSE. teers, by the way, are serving today in dents of Arkansas discovered a plan by (a) FINDINGS.—Congress finds the follow- the United Nations and the administra- ing: Central America, assisting the region (1) The power to dispose of and make all in its recovery from the terrible devas- tion to advance a proposed Ozark High- needful rules and regulations governing tation of Hurricane Mitch. land Man and Biosphere Reserve with- lands belonging to the United States is vest- Finally, this proposed authorization out public input, the plan was with- ed in the Congress under article IV, section will serve to strengthen the Peace drawn in the face of public pressure. 3, of the Constitution. March 2, 1999 CONGRESSIONAL RECORD — SENATE S2133 (2) Some Federal land designations made affected by inclusion of the lands on the ‘‘(1) is specifically authorized by a law en- pursuant to international agreements con- World Heritage List, and publishes that find- acted after that date of enactment and be- cern land use policies and regulations for ing; fore December 31, 2000; lands belonging to the United States which ‘‘(B) the Secretary has submitted to the ‘‘(2) consists solely of lands that on that under article IV, section 3, of the Constitu- Congress a report describing— date of enactment are owned by the United tion can only be implemented through laws ‘‘(i) natural resources associated with the States; and enacted by the Congress. lands referred to in subparagraph (A); and ‘‘(3) is subject to a management plan that (3) Some international land designations, ‘‘(ii) the impacts that inclusion of the specifically ensures that the use of such as those under the United States Bio- nominated lands on the World Heritage List intermixed or adjacent non-Federal property sphere Reserve Program and the Man and would have on existing and future uses of the is not limited or restricted as a result of that Biosphere Program of the United Nations nominated lands or other lands located with- designation. Scientific, Educational, and Cultural Organi- in 10 miles of the nominated lands; and ‘‘(c) The Secretary of State shall submit an zation, operate under independent national ‘‘(C) the nomination is specifically author- annual report on each Biosphere Reserve committees, such as the United States Na- ized by a law enacted after the date of enact- within the United States to the Chairman tional Man and Biosphere Committee, which ment of the American Land Sovereignty Pro- and Ranking Minority member of the Com- have no legislative directives or authoriza- tection Act and after the date of publication mittee on Resources of the House of Rep- tion from the Congress. of a finding under subparagraph (A) for the resentatives and the Committee on Energy (4) Actions by the United States in making nomination. and Natural Resources of the Senate, that such designations may affect the use and ‘‘(2) The President may submit to the contains for the year covered by the report value of nearby or intermixed non-Federal Speaker of the House of Representatives and the following information for the reserve: lands. the President of the Senate a proposal for ‘‘(1) An accounting of all money expended (5) The sovereignty of the States is a criti- legislation authorizing such a nomination to manage the reserve. cal component of our Federal system of gov- after publication of a finding under para- ‘‘(2) A summary of Federal full time equiv- ernment and a bulwark against the unwise graph (1)(A) for the nomination. alent hours related to management of the re- concentration of power. ‘‘(e) The Secretary of the Interior shall ob- serve. (6) Private property rights are essential for ject to the inclusion of any property in the ‘‘(3) A list and explanation of all non- the protection of freedom. United States on the list of World Heritage governmental organizations that contributed (7) Actions by the United States to des- in Danger established under Article 11.4 of to the management of the reserve. the Convention, unless— ignate lands belonging to the United States ‘‘(4) A summary and account of the disposi- ‘‘(1) the Secretary has submitted to the pursuant to international agreements in tion of the complaints received by the Sec- Speaker of the House of Representatives and some cases conflict with congressional con- retary related to management of the re- the President of the Senate a report stitutional responsibilities and State sov- serve.’’. describing— ereign capabilities. ‘‘(A) the necessity for including that prop- SEC. 5. INTERNATIONAL AGREEMENTS IN GEN- (8) Actions by the President in applying ERAL. erty on the list; certain international agreements to lands Title IV of the National Historic Preserva- ‘‘(B) the natural resources associated with owned by the United States diminishes the tion Act Amendments of 1980 (16 U.S.C. 470a– the property; and authority of the Congress to make rules and 1 et seq.) is further amended by adding at the ‘‘(C) the impacts that inclusion of the regulations respecting these lands. end the following new section: (b) PURPOSE.—The purposes of this Act are property on the list would have on existing ‘‘SEC. 404. (a) No Federal official may the following: and future uses of the property and other nominate, classify, or designate any lands (1) To reaffirm the power of the Congress property located within 10 miles of the prop- owned by the United States and located under article IV, section 3, of the Constitu- erty proposed for inclusion; and within the United States for a special or re- tion over international agreements which ‘‘(2) the Secretary is specifically author- stricted use under any international agree- concern disposal, management, and use of ized to assent to the inclusion of the prop- ment unless such nomination, classification, lands belonging to the United States. erty on the list, by a joint resolution of the or designation is specifically authorized by (2) To protect State powers not reserved to Congress after the date of submittal of the law. The President may from time to time the Federal Government under the Constitu- report required by paragraph (1). submit to the Speaker of the House of Rep- tion from Federal actions designating lands ‘‘(f) The Secretary of the Interior shall resentatives and the President of the Senate submit an annual report on each World Her- pursuant to international agreements. proposals for legislation authorizing such a itage Site within the United States to the (3) To ensure that no United States citizen nomination, classification, or designation. Chairman and Ranking Minority member of suffers any diminishment or loss of individ- ‘‘(b) A nomination, classification, or des- the Committee on Resources of the House of ual rights as a result of Federal actions des- ignation, under any international agree- Representatives and of the Committee on ment, of lands owned by a State or local gov- ignating lands pursuant to international Energy and Natural Resources of the Senate, ernment shall have no force or effect unless agreements for purposes of imposing restric- that contains for the year covered by the re- the nomination, classification, or designa- tions on use of those lands. port the following information for the site: tion is specifically authorized by a law en- (4) To protect private interests in real ‘‘(1) An accounting of all money expended acted by the State or local government, re- property from diminishment as a result of to manage the site. Federal actions designating lands pursuant spectively. ‘‘(2) A summary of Federal full time equiv- ‘‘(c) A nomination, classification, or des- to international agreements. alent hours related to management of the (5) To provide a process under which the ignation, under any international agree- site. ment, of privately owned lands shall have no United States may, when desirable, des- ‘‘(3) A list and explanation of all non- ignate lands pursuant to international agree- force or effect without the written consent of governmental organizations that contributed the owner of the lands. ments. to the management of the site. SEC. 3. CLARIFICATION OF CONGRESSIONAL ‘‘(d) This section shall not apply to— ‘‘(4) A summary and account of the disposi- ‘‘(1) agreements established under section ROLE IN WORLD HERITAGE SITE tion of complaints received by the Secretary LISTING. 16(a) of the North American Wetlands Con- Section 401 of the National Historic Preser- related to management of the site.’’. servation Act (16 U.S.C. 4413); and vation Act Amendments of 1980 (Public Law SEC. 4. PROHIBITION AND TERMINATION OF UN- ‘‘(2) conventions referred to in section 96–515; 94 Stat. 2987) is amended— AUTHORIZED UNITED NATIONS BIO- 3(h)(3) of the Fish and Wildlife Improvement SPHERE RESERVES. Act of 1978 (16 U.S.C. 712(2)). (1) in subsection (a) in the first sentence, Title IV of the National Historic Preserva- by— ‘‘(e) In this section, the term ‘inter- tion Act Amendments of 1980 (16 U.S.C. 470a– national agreement’ means any treaty, com- (A) striking ‘‘The Secretary’’ and inserting 1 et seq.) is amended by adding at the end pact, executive agreement, convention, bi- ‘‘Subject to subsections (b), (c), (d), and (e), the following new section: lateral agreement, or multilateral agree- the Secretary’’; and ‘‘SEC. 403. (a) No Federal official may (B) inserting ‘‘(in this section referred to nominate any lands in the United States for ment between the United States or any agen- as the ‘Convention’)’’ after ‘‘1973’’; and designation as a Biosphere Reserve under the cy of the United States and any foreign en- (2) by adding at the end the following new Man and Biosphere Program of the United tity or agency of any foreign entity, having subsections: Nations Educational, Scientific, and Cul- a primary purpose of conserving, preserving, ‘‘(d)(1) The Secretary of the Interior may tural Organization. or protecting the terrestrial or marine envi- not nominate any lands owned by the United ‘‘(b) Any designation on or before the date ronment, flora, or fauna.’’. States for inclusion on the World Heritage of enactment of the American Land Sov- SEC. 6. CLERICAL AMENDMENT. List pursuant to the Convention, unless— ereignty Protection Act of an area in the Section 401(b) of the National Historic ‘‘(A) the Secretary finds with reasonable United States as a Biosphere Reserve under Preservation Act Amendments of 1980 (16 basis that commercially viable uses of the the Man and Biosphere Program of the U.S.C. 470a–1(b)) is amended by striking nominated lands, and commercially viable United Nations Educational, Scientific, and ‘‘Committee on Natural Resources’’ and in- uses of other lands located within 10 miles of Cultural Organization shall not have, and serting ‘‘Committee on Resources’’. the nominated lands, in existence on the shall not be given, any force or effect, unless date of the nomination will not be adversely the Biosphere Reserve— By Mr. McCAIN: S2134 CONGRESSIONAL RECORD — SENATE March 2, 1999 S. 511. A bill to amend the Voting Ac- last election cycle, 1998 was the lowest lected and used for Federal elections are ac- cessibility for the Elderly and Handi- since 1942—only 36 percent of eligible cessible to disabled and elderly voters, capped Act to ensure the equal right of voters participated. It is difficult to including— ‘‘(1) the provision of ballots in a variety of individuals with disabilities to vote, have representation of the people by accessible media; and for other purposes; to the Commit- the people if the majority of people are ‘‘(2) the provision of instructions that are tee on Rules and Administration. not participating. printed in large type, conspicuously dis- VOTING ACCESSIBILITY FOR THE ELDERLY AND I find this lack of participation quite played at each polling place; HANDICAPPED ACT AMENDMENTS disturbing, particularly as our Nation ‘‘(3) the provision of printed information Mr. MCCAIN. Mr. President, today I prepares to enter the next century fac- that is generally available to other voters am introducing legislation with my ing a multitude of important issues. using a variety of accessible media; and ‘‘(4) ensuring that all polling methods used dear friend Senator JOHN KERRY which What is even more disturbing is the enable disabled and elderly voters to cast would protect every American’s fun- number of citizens who wanted to par- votes at polling places during times and damental right to vote. Our bill, ‘‘Im- ticipate in our election process but under conditions of privacy available to proving Accessibility to Voting for Dis- were unable to because of inaccessible other voters.’’. abled and Elderly Americans’’ will en- polling facilities. This is why I am (c) ACCESSIBILITY OF REGISTRATION FACILI- sure that every citizen who wants to committed to working with Senator TIES AND SERVICES.—Section 5(a) of the Vot- ing Accessibility for the Elderly and Handi- vote will be able to vote despite phys- KERRY to get this bill passed so that capped Act (42 U.S.C. 1973ee-3(a)) is ical disabilities. every citizen, particularly the men and amended— The McCain-Kerry bill would women who pledged their lives, for- (1) in paragraph (1), by striking ‘‘and’’ at strengthen and redefined the existing tunes and sacred honor to preserve and the end; and law, ‘‘Voting Accessibility for the El- protect our Nation, can participate in (2) by striking paragraph (2) and inserting derly and Handicapped.’’ As many of the voting process. the following: my colleagues know, Congress imple- I hope that my colleagues in the Sen- ‘‘(2) registration information by tele- mented this law in 1984 in an attempt ate will work with us to enact this im- communications devices for the deaf and in a to ensure that all Americans has access portant piece of legislation this year so variety of accessible media; and ‘‘(3) accessible registration procedures to to voter registration and polling that all Americans can exercise their allow each eligible voter to register at the places. At the time this was quite a right to vote with dignity and respect. residence of the voter, by mail, or by other progressive initiative since it was 15 This legislation is supported by the means.’’. years prior to the landmark Americans Paralyzed Veterans of America, Amer- (d) ENFORCEMENT.—Section 6 of the Voting with Disabilities Act which as since ican Foundation for the Blind, New Accessibility for the Elderly and Handi- helped opened the door for millions of Hampshire Disabilities Rights Center, capped Act (42 U.S.C. 1973ee-4) is amended— disabled Americans in many aspects of New Hampshire Developmental Dis- (1) in subsection (b), by striking ‘‘45’’ and inserting ‘‘21’’; and their lives. abilities Council, Granite State Inde- (2) by striking subsection (c) and inserting As a Member of the House of Rep- pendent Living Foundation, and Na- the following: resentatives, I proudly supported the tional Association of Protection and ‘‘(c) In an action brought under subsection original 1984 law and was confident Advocacy Systems. I would like to (a), the State or political subdivision shall that it would eliminate the barriers thank each of them for their commit- be fined an amount— facing millions of disabled and elderly ment to protecting the rights of dis- ‘‘(1) not to exceed $5,000 for the first viola- citizens when they exercise their basic tion of such section; and abled and elderly Americans. ‘‘(2) not to exceed $10,000 for each subse- right to vote. Unfortunately, it did not. Mr. President, I request unanimous quent violation.’’. While it was a step in the right direc- consent that a copy of the legislation (e) RELATIONSHIP WITH OTHER LAWS.—Sec- tion it has not completely eradicated be printed in the RECORD. tion 7 of the Voting Accessibility for the El- inaccessible polling facilities. Accord- There being no objection the test of derly and Handicapped Act (42 U.S.C. 1973ee- ing to the most recent Federal Election the bill was to be printed in the 5) is amended— (1) in the heading, by striking ‘‘VOTING Commission report, which relies on RECORD, as follows: RIGHTS ACT OF 1965’’ and inserting ‘‘OTHER self-reporting by local election officials S. 511 LAWS; during the 1992 election, there were at Be it enacted by the Senate and House of (2) by striking ‘‘This’’ and inserting ‘‘(a) least 19,500 inaccessible polling places. Representatives of the United States of America This’’; and This is not including 9,500 polling in Congress assembled, (3) by adding at the end the following: places which did not file reports. And SECTION 1. AMENDMENT OF VOTING ACCES- ‘‘(b) Nothing in this Act shall be construed since this information is based on self- SIBILITY FOR THE ELDERLY AND to invalidate or limit the laws of any State HANDICAPPED ACT. or political subdivision that provide greater reporting I am afraid that the actual (a) PURPOSE.—Section 2 of the Voting Ac- or equal access to registration or polling for number of inaccessible polling places cessibility for the Elderly and Handicapped disabled and elderly voters.’’. may be much higher. Act (42 U.S.C. 1973ee) is amended by— (f) DEFINITIONS.—Section 8 of the Voting It is deplorable that millions of dis- (1) striking ‘‘It’’ and inserting ‘‘(a) It’’; and Accessibility for the Elderly and Handi- abled and elderly voters are not voting (2) adding at the end the following: capped Act (42 U.S.C. 1973ee-6) is amended— because they are faced with too many ‘‘(b) It is the intention of Congress in en- (1) in paragraph (1), by striking ‘‘chief elec- obstacles, including inaccessible poll- acting this Act to ensure that— tion’’ through ‘‘involved’’ and inserting ‘‘Ac- cess Board’’; ing places and ballots which are not ac- ‘‘(1) no individual may be denied the right to vote in a Federal election on the basis of (2) in paragraph (4), by striking ‘‘perma- cessible to blind or visually impaired being disabled; and nent physical disability; and’’ and inserting voters. I find it particularly ‘‘(2) every voter has the right to vote inde- ‘‘permanent disability;’’; disconcerning that many of our na- pendently in a Federal election.’’. (3) in paragraph (5), by striking the period tion’s disabled veterans, the very men (b) ACCESSIBILITY OF POLLING PLACES.— and inserting a semicolon; and and women who have sacrificed so Section 3 of the Voting Accessibility for the (4) by adding at the end the following: much for our country, are unable to Elderly and Handicapped Act (42 U.S.C. ‘‘(6) ‘Access Board’ means the Architec- cast their vote because of polling fa- 1973ee-1) is amended— tural and Transportation Barriers Compli- (1) in subsection (a), by striking ‘‘each po- ance Board established under section 502 of cilities which are not accessible. This litical subdivision’’ and all that follows the Rehabilitation Act of 1973 (29 U.S.C. 792); is simply wrong. The right to vote is through ‘‘conducting elections’’ and insert- ‘‘(7) ‘chief election officer’ means the State the heat and soul of our democracy, ing ‘‘the chief election officer of the State’’; officer or entity, designated by State law or and we must work together to elimi- (2) by striking subsection (b) and inserting established by practice, responsible for elec- nate barriers preventing millions from the following: tions within the State; participating in our democracy. ‘‘(b) Subsection (a) shall not apply to a ‘‘(8) ‘independently’ means without the as- As America works together for our polling place in the case of any unforeseeable sistance of another individual; and journey into the new millennium we natural disaster such as a fire, storm, earth- ‘‘(9) ‘media’ includes formats using large quake, or flood.’’; and must ensure that our Democracy con- type, braille, sound recording, or digital (3) by striking subsection (c) and inserting text.’’. tinues to include everyone and address the following: (g) REFERENCES.— the unique needs of each citizen. I am ‘‘(c) The chief election officer of a State (1) IN GENERAL.—The Voting Accessibility concerned about voter turnout in the shall ensure that all polling methods se- for the Elderly and Handicapped Act (42 March 2, 1999 CONGRESSIONAL RECORD — SENATE S2135 U.S.C. 1973ee et seq.) is amended by striking mated that the rate of voter participa- incur some costs in bringing their poll- ‘‘handicapped’’ each place it appears and in- tion by persons with disabilities is even ing places into compliance, however, serting ‘‘disabled’’. lower—as much as 15–20 percent ac- these are expenses already required of (2) REFERENCES IN OTHER LAWS.—Except cording to some surveys. Among the the states by the 1984 law. More impor- where inappropriate, any reference to ‘‘handicapped’’ in relation to the Voting Ac- reasons for this gap is that polling tantly in most cases, the costs are not cessibility for the Elderly and Handicapped places are not accessible to people with likely to be high. The FEC noted that Act (42 U.S.C. 1973ee et seq.) in any law, Ex- physical disabilities. This is the case, improvements seen in 1992 ‘‘were in ecutive Order, rule, or other document shall despite the Voting Accessibility for the many cases achieved merely by relo- include a reference to ‘‘disabled’’. Elderly and Handicapped Act (VAEHA) cating polling places to accessible (h) CONFORMING AMENDMENT.—Section of 1984, which requires polling places to buildings at no cost to the taxpayers.’’ 502(b)(3) of the Rehabilitation Act of 1973 (29 be physically accessible to both older Where polling places are not accessible U.S.C. 792(b)(3)) is amended by inserting be- fore the semicolon ‘‘and section 3 of the Vot- voters and voters with disabilities. Un- to individuals with physical disabil- ing Accessibility for the Elderly and Handi- fortunately, the VAEHA does not de- ities, they can be moved to already ac- capped Act (42 U.S.C. 1973ee-1)’’. fine an ‘‘accessible’’ voting place, nor cessible buildings, such as malls, public SEC. 2. REGULATIONS. does it place responsibility for making libraries and schools. In many in- (a) IN GENERAL.—Not later than 1 year a voting place accessible with any par- stances, access would be improved by after the date of enactment of this Act, the ticular agency or official. putting up signs directing persons with Attorney General shall promulgate regula- Since the 1984 act was passed, many disabilities to accessible entrances. tions implementing this Act. Such regula- polling places have improved their ac- These and other simple solutions have tions shall be consistent with the minimum cessibility. Nevertheless, according to been implemented by some precincts at guidelines established by the Access Board. the Federal Election Commission, (b) ACCESS BOARD GUIDELINES.—Not later only minimal cost. than 9 months after the date of enactment of which tracks accessibility under the Improving access for the visually im- this Act, the Access Board shall issue mini- 1984 act, there were some 19,500 inac- paired can also be a low-cost endeavor mum guidelines relating to the requirements cessible polling places in 1992—the last for states. Many visually impaired in- in the amendments made by section 1(b) of time for which statistics are available. dividuals would be able to vote inde- this Act. And, since the FEC report relied on pendently if the ballots were simply in (c) DEFINITION.—In this section, the term self-reporting by voting precincts, the ‘‘Access Board’’ means the Architectural and larger type. Providing a tape recording Transportation Barriers Compliance Board. actual number of inaccessible polling of the ballot for the visually impaired places in likely to be even higher. SEC. 3. TRANSITION PLAN. to listen to is another solution that has The result is that there are still too (a) IN GENERAL.—Not later than 3 months been implemented by a few precincts after the date on which regulations are pro- many instances where disabled voters for very low cost. It is a small price to mulgated under section 2(a), the chief elec- must resort to what is known as pay to guarantee our fundamental tion officer of each State shall develop a ‘‘curbside voting.’’ According to a sur- rights to all of our citizens. transition plan to ensure that polling places vey by the National Voter Independ- Those who would benefit from this in the State are in compliance with the re- ence Project, 47 percent of polling quirements of the Voting Accessibility for bill include the men and women who places are inaccessible because they were injured serving our country in the the Elderly and Handicapped Act (42 U.S.C. don’t have a wide enough path from the 1973ee et seq.), as amended by this Act. armed forces. Other beneficiaries would street, there are no signs directing dis- (b) COORDINATION WITH LOCAL ELECTION OF- be elderly citizens who may have voted FICIALS.—The plan under subsection (a) shall abled people where to go, or stairs or regularly throughout their lives, and be developed in coordination with— narrow doorways block wheelchair ac- only their failing vision keeps them (1) local election officials; and cess. Disabled voters who go to inacces- from voting now. Still others on whose (2) individuals with disabilities or organi- sible polling places are told to honk zations representing individuals with disabil- behalf we offer this bill are victims of their car horn, or ask a passerby to get accidents, illnesses, or genetic dis- ities. the attention of the polling official, (c) CONTENTS AND AVAILABILITY OF PLAN.— orders. Is there any one among those The plan under subsection (a) shall— who must then bring a ballot out to the individuals who should be denied the (1) include specific recommendations nec- disabled voter or carry him or her into right to participate in the voting proc- essary to comply with the requirements of the voting place. Rather than face this ess? Of course not. It is for them, Mr. the Voting Accessibility for the Elderly and indignity, many disabled voters choose President, that we offer this very im- Handicapped Act; and not to vote. portant piece of legislation. (2) be available for public inspection in Why shouldn’t they just vote by ab- such manner as the chief election officer de- sentee ballot? Because voting is a com- By Mr. GORTON (for himself, termines appropriate. munity event in which those without Mrs. FEINSTEIN, Mr. LAUTEN- SEC. 4. EFFECTIVE DATE. disabilities can choose to participate. The amendments made by section 1 of this BERG, Mr. TORRICELLI, Mr. Disabled voters deserve the same vot- Act shall apply beginning on the earliest of— LIEBERMAN, and Mr. EDWARDS): ing rights as everyone else. If they vote (1) the date that is 6 months after the date S. 512. A bill to amend the Public by absentee ballot, they should do so on which regulations are promulgated under Health Service Act to provide for the because they choose to, not because section 2(a); or expansion, intensification, and coordi- (2) the date of the first Federal election they have to. taking place in the State after December 31, Visually impaired voters—many of nation of the activities of the Depart- 2000. whom are older Americans—also often ment of Health and Human Services Mr. KERRY. Mr. President, I am face certain indignities when they at- with respect to research on autism; to the Committee on Health, Education, pleased to join my good friend JOHN tempt to exercise their fundamental Labor, and Pensions. MCCAIN to introduce the Voting Acces- right of a secret vote. If they cannot sibility for the Elderly and Handi- see the ballot, they are told to bring ADVANCEMENT IN PEDIATRIC AUTISM RESEARCH capped Act, to ensure that our disabled someone into the voting booth with ACT and elderly citizens have the same op- them, to read the ballot for them and Mr. GORTON. Mr. President, today, I portunity to vote as the rest of us—in cast their vote. An extraordinary 81 will introduce legislation that will private and at a polling place. Despite percent of visually impaired individ- build on current scientific advances in the intention of a voter accessibility uals had to rely on others to mark understanding autism and will promote law passed in 1984, many individuals their ballots for them, according to the additional research in this promising with physical challenges are literally National Voter Independence Project. field. I introduced a very similar bill left outside the polling place, unable to The secret ballot is so basic to our last year and am greatly encouraged by exercise their fundamental right to democratic system that it is shocking the progress in this field. In the last 12 vote without embarrassing themselves that it is denied to so many. months, we’ve seen an increase in the or relying on others to cast their ballot The right to vote at a polling place number of researchers interested in for them. and in private can be provided to the this field, additional funding for au- As abysmally low as voter turnout is elderly and disabled for a very low tism research and greater public for the population as a whole, it is esti- price. State election agencies may awareness about this disability. It is S2136 CONGRESSIONAL RECORD — SENATE March 2, 1999 my hope that we can continue this mo- tism is one of the most heritable devel- my Senate colleagues to support this mentum and pass meaningful legisla- opmental disorders and is the most important investment in the future of tion this year. likely to benefit from the latest ad- our children and our Nation. Many think autism is rare. In fact, it vances in genetics and neurology. Once f is the third most prevalent childhood the genetic link is discovered, the op- disability, affecting an estimated four portunities for understanding, treat- ADDITIONAL COSPONSORS hundred thousand Americans and their ing, and eventually curing autism are S. 38 families. It is also a condition that doc- endless. At the request of Mr. CAMPBELL, the tors and scientists believe can be The promise of research is exactly name of the Senator from Arkansas cured. It is not something that we sim- why I am introducing this legislation. (Mr. HUTCHINSON) was added as a co- ply must accept. This bill will increase the federal com- sponsor of S. 38, a bill to amend the In- When people think of autism they mitment to autism research. Its cor- ternal Revenue Code of 1986 to phase might remember the character played nerstone is authorization for five Cen- out the estate and gift taxes over a 10- by Dustin Hoffman in the movie ters of Excellence where basic re- year period. ‘‘Rainman.’’ Yet autism has many searchers, clinicians and scientists can S. 51 faces; it affects people from every come together to increase our under- At the request of Mr. BIDEN, the background, social and ethnic cat- standing of this devastating disorder. names of the Senator from West Vir- egory. Children with autism may be Because so little is known about the ginia (Mr. ROCKEFELLER) and the Sen- profoundly retarded and may never prevalence of autism, I have added a ator from Maryland (Mr. SARBANES) learn to speak, while other may be ex- provision that establishes at the Cen- were added as cosponsors of S. 51, a bill tremely hyperactive and bright. Some ters for Disease Control at least three to reauthorize the Federal programs to may have extraordinary talents, such centers of expertise on autism in an ef- prevent violence against women, and as an exceptional memory or skill in fort to identify the causes of autism. for other purposes. mathematics. However, all share the The epidemiology research will help us S. 52 common traits of difficulty with com- confirm or dismiss whether a genetic munication and social interaction. And disposition to autism may be triggered At the request of Mr. BOND, the for reasons we do not yet understand, by environmental factors. If so, identi- names of the Senator from Florida (Mr. eighty percent of those with autism are fying those factors may help us in tak- MACK) and the Senator from Georgia males. ing steps to prevent autism from devel- (Mr. COVERDELL) were added as cospon- But autism is not about statistics or oping. sors of S. 52, a bill to provide a direct medical definitions—it is about chil- A library of genetic information will check for education. dren and families. The Kruegers, from be a valuable tool for researchers try- S. 67 Washington state, have an all too typi- ing to identify the genetic basis for au- At the request of Mr. MOYNIHAN, the cal story. Their little girl Chanel de- tism. The bill includes a provision to name of the Senator from South Caro- veloped like any other child—she hap- fund a gene and brain tissue bank de- lina (Mr. HOLLINGS) was added as a co- pily played with her parents, took her veloped from families affected with au- sponsor of S. 67, a bill to designate the first steps, learned some of her first tism to be available for research pur- headquarters building of the Depart- words and then she started to regress. poses. ment of Housing and Urban Develop- In four short months, by the time she While we are hoping to advance our ment in Washington, District of Co- was two, Chanel had become almost understanding and treatment of autism lumbia, as the ‘‘Robert C. Weaver Fed- completely enveloped in her own pri- through research, it is also important eral Building.’’ vate world. Chanel’s mother told me that pediatricians and other health S. 98 ‘‘it was like somebody came in the professionals have the most current in- At the request of Mr. MCCAIN, the middle of the night and took my formation so that children and their name of the Senator from Louisiana child.’’ families can receive help as early as (Mr. BREAUX) was added as a cosponsor Like many children with autism, the possible. The bill includes authoriza- of S. 98, a bill to authorize appropria- Krueger’s daughter no longer re- tion for an Autism Wareness Program tions for the Surface Transportation sponded when her parents called her to educate doctors and other health Board for fiscal years 1999, 2000, 2001, name; words she once spoke clearly be- professionals about autism. and 2002, and for other purposes. came garbled; and socializing became Finally, it is vital that we encourage S. 101 more and more difficult. Fortunately, collaboration among the scientists At the request of Mr. LUGAR, the conducting this important work due to her parents’ dedication and names of the Senator from Kentucky intervention Chanel Krueger at age 5, throughout the Department of Health (Mr. MCCONNELL), the Senator from Ar- is doing remarkably well. and Human Services. The bill estab- kansas (Mrs. LINCOLN), and the Senator But, many autistic children com- lishes an Inter-Agency Autism Coordi- from Wyoming (Mr. THOMAS) were pletely lose the ability to interact with nating Committee to bring together added as cosponsors of S. 101, a bill to the outside world. The hours these kids the scientists at the various Institutes promote trade in United States agri- should be spending in little league or at the NIH, at the Centers for Disease cultural commodities, livestock, and playing with their friends are often Control and other agencies conducting value-added products, and to prepare spent staring out the window, trans- autism research. for future bilateral and multilateral fixed by the dust floating in the sun- While the focus of this bill is on au- trade negotiations. light or the pattern of leaves on the tism, advances in this area are also ground. likely to shed light on related problems S. 148 Even today, with advances in therapy such as attention deficit disorder, ob- At the request of Mr. ABRAHAM, the and early intervention, few of these sessive compulsive disorders, and var- names of the Senator from Washington children will go to college, hold a regu- ious seizure disorders and learning dis- (Mrs. MURRAY) and the Senator from lar job, live independently or marry. abilities. New York (Mr. SCHUMER) were added as More than half never learn how to Research is the key to unlocking the cosponsors of S. 148, a bill to require speak. door and freeing those with autism the Secretary of the Interior to estab- The facts about autism can be sober- from the isolation and loneliness of lish a program to provide assistance in ing—but there is hope. Early interven- their private world. This bill is in- the conservation of neotropical migra- tion and treatment has helped many tended to give the NIH and the CDC the tory birds. children. Science has also made great resources to take advantage of the tre- S. 171 strides in understanding this disorder. mendous opportunity before us to find At the request of Mr. MOYNIHAN, the We now know that autism is a biologi- more effective treatments and ulti- names of the Senator from Oregon (Mr. cal condition, it is not an emotional mately a cure for autism. The promise WYDEN) and the Senator from Con- problem and it is not caused by faulty is real. Fulfillment of that promise necticut (Mr. DODD) were added as co- parenting. Scientists believe that au- only requires our commitment. I urge sponsors of S. 171, a bill to amend the March 2, 1999 CONGRESSIONAL RECORD — SENATE S2137 Clean Air Act to limit the concentra- 311, a bill to authorize the Disabled S. 349 tion of sulfur in gasoline used in motor Veterans’ LIFE Memorial Foundation At the request of Mr. HAGEL, the vehicles. to establish a memorial in the District name of the Senator from Vermont S. 185 of Columbia or its environs, and for (Mr. JEFFORDS) was added as a cospon- At the request of Mr. ASHCROFT, the other purposes. sor of S. 349, a bill to allow depository names of the Senator from New Mexico S. 314 institutions to offer negotiable order of (Mr. BINGAMAN) and the Senator from At the request of Mr. BOND, the withdrawal accounts to all businesses, Kentucky (Mr. MCCONNELL) were added names of the Senator from Missouri to repeal the prohibition on the pay- as cosponsors of S. 185, a bill to estab- (Mr. ASHCROFT), the Senator from Lou- ment of interest on demand deposits, lish a Chief Agricultural Negotiator in isiana (Ms. LANDRIEU), the Senator and for other purposes. the Office of the United States Trade from Connecticut (Mr. LIEBERMAN), the S. 351 Representative. Senator from Oregon (Mr. SMITH), the At the request of Mr. GRAMS, the S. 192 Senator from North Carolina (Mr. ED- name of the Senator from Mississippi At the request of Mr. KENNEDY, the WARDS), the Senator from New Mexico (Mr. COCHRAN) was added as a cospon- name of the Senator from West Vir- (Mr. BINGAMAN), the Senator from sor of S. 351, a bill to provide that cer- ginia (Mr. ROCKEFELLER) was added as Rhode Island (Mr. REED), the Senator tain Federal property shall be made a cosponsor of S. 192, a bill to amend from Montana (Mr. BURNS), and the available to States for State and local the Fair Labor Standards Act of 1938 to Senator from Virginia (Mr. ROBB) were organization use before being made increase the Federal minimum wage. added as cosponsors of S. 314, a bill to available to other entities, and for S. 211 provide for a loan guarantee program other purposes. At the request of Mrs. MURRAY, her to address the Year 2000 computer S. 387 name was added as a cosponsor of S. problems of small business concerns, At the request of Mr. MCCONNELL, 211, a bill to amend the Internal Reve- and for other purposes. the name of the Senator from Maine nue Code of 1986 to make permanent At the request of Mr. DASCHLE, his (Ms. COLLINS) was added as a cosponsor the exclusion for employer-provided name was added as a cosponsor of S. of S. 387, a bill to amend the Internal educational assistance programs, and 314, supra. Revenue Code of 1986 to provide an ex- for other purposes. At the request of Mr. BUNNING, his clusion from gross income for distribu- S. 223 name was added as a cosponsor of S. tions from qualified State tuition pro- At the request of Mr. LAUTENBERG, 314, supra. grams which are used to pay education the name of the Senator from Califor- S. 322 expenses. nia (Mrs. FEINSTEIN) was added as a co- At the request of Mr. CAMPBELL, the S. 389 sponsor of S. 223, a bill to help commu- names of the Senator from North Caro- At the request of Mr. MCCAIN, the nities modernize public school facili- lina (Mr. EDWARDS) and the Senator name of the Senator from Louisiana ties, and for other purposes. from Michigan (Mr. LEVIN) were added (Mr. BREAUX) was added as a cosponsor S. 260 as cosponsors of S. 322, a bill to amend of S. 389, a bill to amend title 10, At the request of Mr. GRASSLEY, the title 4, United States Code, to add the United States Code, to improve and name of the Senator from Wisconsin Martin Luther King Jr. holiday to the transfer the jurisdiction over the (Mr. FEINGOLD) was added as a cospon- list of days on which the flag should es- troops-to-teachers program, and for sor of S. 260, a bill to make chapter 12 pecially be displayed. other purposes. of title 11, United States Code, perma- S. 327 At the request of Mr. ROBB, the name nent, and for other purposes. At the request of Mrs. MURRAY, her of the Senator from Massachusetts S. 271 name was added as a cosponsor of S. (Mr. KERRY) was added as a cosponsor At the request of Mr. FRIST, the 327, a bill to exempt agricultural prod- of S. 389, supra. names of the Senator from Wyoming ucts, medicines, and medical products S. 393 (Mr. ENZI), the Senator from Vermont from U.S. economic sanctions. At the request of Mr. MCCAIN, the (Mr. JEFFORDS), and the Senator from S. 331 name of the Senator from Alabama New Mexico (Mr. DOMENICI) were added At the request of Mr. JEFFORDS, the (Mr. SESSIONS) was added as a cospon- as cosponsors of S. 271, a bill to provide name of the Senator from North Caro- sor of S. 393, a bill to provide Internet for education flexibility partnerships. lina (Mr. EDWARDS) was added as a co- access to certain Congressional docu- S. 280 sponsor of S. 331, a bill to amend the ments, including certain Congressional At the request of Mr. FRIST, the Social Security Act to expand the Research Service publications, Senate names of the Senator from Wyoming availability of health care coverage for lobbying and gift report filings, and (Mr. ENZI), the Senator from Vermont working individuals with disabilities, Senate and Joint Committee docu- (Mr. JEFFORDS), the Senator from New to establish a Ticket to Work and Self- ments. Mexico (Mr. DOMENICI), and the Sen- Sufficiency Program in the Social Se- S. 395 ator from North Carolina (Mr. HELMS) curity Administration to provide such At the request of Mr. ROCKEFELLER, were added as cosponsors of S. 280, a individuals with meaningful opportuni- the names of the Senator from Mary- bill to provide for education flexibility ties to work, and for other purposes. land (Ms. MIKULSKI) and the Senator partnerships. S. 345 from Utah (Mr. HATCH) were added as S. 285 At the request of Mr. ALLARD, the cosponsors of S. 395, a bill to ensure At the request of Mr. MCCAIN, the name of the Senator from Kentucky that the volume of steel imports does names of the Senator from Missouri (Mr. MCCONNELL) was added as a co- not exceed the average monthly vol- (Mr. ASHCROFT), the Senator from sponsor of S. 345, a bill to amend the ume of such imports during the 36- South Carolina (Mr. THURMOND), and Animal Welfare Act to remove the lim- month period preceding July 1997. the Senator from Maryland (Mr. SAR- itation that permits interstate move- S. 403 BANES) were added as cosponsors of S. ment of live birds, for the purpose of At the request of Mr. ALLARD, the 285, a bill to amend title II of the So- fighting, to States in which animal name of the Senator from Idaho (Mr. cial Security Act to restore the link fighting is lawful. CRAPO) was added as a cosponsor of S. between the maximum amount of earn- S. 346 403, a bill to prohibit implementation ings by blind individuals permitted At the request of Mrs. HUTCHISON, the of ‘‘Know Your Customer’’ regulations without demonstrating ability to en- names of the Senator from Idaho (Mr. by the Federal banking agencies. gage in substantial gainful activity and CRAPO) and the Senator from Virginia S. 414 the exempt amount permitted in deter- (Mr. WARNER) were added as cosponsors At the request of Mr. GRASSLEY, the mining excess earnings under the earn- of S. 346, a bill to amend title XIX of name of the Senator from Oregon (Mr. ings test. the Social Security Act to prohibit the WYDEN) was added as a cosponsor of S. S. 311 recoupment of funds recovered by 414, a bill to amend the Internal Reve- At the request of Mrs. MURRAY, her States from one or more tobacco manu- nue Code of 1986 to provide a 5-year ex- name was added as a cosponsor of S. facturers. tension of the credit for producing S2138 CONGRESSIONAL RECORD — SENATE March 2, 1999 electricity from wind, and for other Montana (Mr. BURNS) were added as co- (Mr. KENNEDY), the Senator from Con- purposes. sponsors of Senate Concurrent Resolu- necticut (Mr. LIEBERMAN), the Senator S. 456 tion 11, a concurrent resolution ex- from Oklahoma (Mr. INHOFE), the Sen- At the request of Mr. CONRAD, the pressing the sense of Congress with re- ator from Oregon (Mr. SMITH), the Sen- name of the Senator from Hawaii (Mr. spect to the fair and equitable imple- ator from Utah (Mr. HATCH), and the AKAKA) was added as a cosponsor of S. mentation of the amendments made by Senator from Pennsylvania (Mr. SPEC- 456, a bill to amend the Internal Reve- the Food Quality Protection Act of TER) were added as cosponsors of Sen- nue Code of 1986 to allow employers a 1996. ate Resolution 48, a resolution des- credit against income tax for informa- At the request of Mrs. MURRAY, her ignating the week beginning March 7, tion technology training expenses paid name was added as a cosponsor of Sen- 1999, as ‘‘National Girl Scout Week.’’ or incurred by the employer, and for ate Concurrent Resolution 11, supra. SENATE RESOLUTION 53 other purposes. SENATE RESOLUTION 19 At the request of Mr. HUTCHINSON, S. 458 At the request of Mr. SPECTER, the the names of the Senator from Wash- At the request of Mr. HAGEL, the names of the Senator from Maine (Ms. ington (Mr. GORTON) and the Senator name of the Senator from Hawaii (Mr. SNOWE), the Senator from California from Nebraska (Mr. HAGEL) were added AKAKA) was added as a cosponsor of S. (Mrs. FEINSTEIN), and the Senator from as cosponsors of Senate Resolution 53, 458, a bill to modernize and improve Maryland (Ms. MIKULSKI) were added as a resolution to designate March 24, the Federal Home Loan Bank System, cosponsors of Senate Resolution 19, a 1999, as ‘‘National School Violence Vic- and for other purposes. resolution to express the sense of the tims’ Memorial Day.’’ S. 469 Senate that the Federal investment in f At the request of Mr. BREAUX, the biomedical research should be in- name of the Senator from North Da- creased by $2,000,000,000 in fiscal year SENATE RESOLUTION 55—MAKING APPOINTMENTS TO CERTAIN kota (Mr. CONRAD) was withdrawn as a 2000. cosponsor of S. 469, a bill to encourage SENATE RESOLUTION 26 SENATE COMMITTEES FOR THE the timely development of a more cost At the request of Mr. MURKOWSKI, the 106TH CONGRESS effective United States commercial names of the Senator from Delaware Mr. LOTT (for himself and Mr. space transportation industry, and for (Mr. ROTH) and the Senator from Ohio DASCHLE) submitted the following reso- other purposes. (Mr. DEWINE) were added as cosponsors lution; which was considered and S. 484 of Senate Resolution 26, a resolution agreed to: At the request of Mr. CAMPBELL, the relating to Taiwan’s Participation in S. RES. 55 names of the Senator from New Hamp- the World Health Organization. Resolved, That notwithstanding the provi- shire (Mr. GREGG) and the Senator SENATE RESOLUTION 34 sions of S. Res. 400 of the 95th Congress, or from North Carolina (Mr. HELMS) were At the request of Mr. TORRICELLI, the the provisions of rule XXV, the following added as cosponsors of S. 484, a bill to names of the Senator from South Da- shall constitute the membership on those provide for the granting of refugee sta- kota (Mr. JOHNSON) and the Senator Senate committees listed below for the 106th Congress, or until their successors are ap- from Georgia (Mr. COVERDELL) were tus in the United States to nationals of pointed: certain foreign countries in which added as cosponsors of Senate Resolu- Committee on Veterans’ Affairs: Mr. Spec- American Vietnam War POW/MIAs or tion 34, a resolution designating the ter (Chairman), Mr. Murkowski, Mr. Thur- American Korean War POW/MIAs may week beginning April 30, 1999, as ‘‘Na- mond, Mr. Jeffords, Mr. Campbell, Mr. Craig, be present, if those nationals assist in tional Youth Fitness Week.’’ Mr. Hutchinson of Arkansas, Mr. Rocke- the return to the United States of SENATE RESOLUTION 47 feller, Mr. Graham of Florida, Mr. Akaka, those POW/MIAs alive. At the request of Mr. MURKOWSKI, the Mr. Wellstone, and Mrs. Murray. Special Committee on Aging: Mr. Grassley SENATE CONCURRENT RESOLUTION 5 names of the Senator from Montana (Chairman), Mr. Jeffords, Mr. Craig, Mr. At the request of Mr. BROWNBACK, the (Mr. BURNS), the Senator from Georgia Burns, Mr. Shelby, Mr. Santorum, Mr. Hagel, names of the Senator from Utah (Mr. (Mr. CLELAND), the Senator from New Ms. Collins, Mr. Enzi, Mr. Bunning, Mr. BENNETT), the Senator from Montana Mexico (Mr. DOMENICI), and the Sen- Hutchinson of Arkansas, Mr. Breaux, Mr. (Mr. BURNS), the Senator from Arkan- ator from Hawaii (Mr. INOUYE) were Reid of Nevada, Mr. Kohl, Mr. Feingold, Mr. sas (Mrs. LINCOLN), the Senator from added as cosponsors of Senate Resolu- Wyden, Mr. Reed of Rhode Island, Mr. Bayh, Arkansas (Mr. HUTCHINSON), the Sen- tion 47, a resolution designating the Mrs. Lincoln, and Mr. Bryan. Committee on Indian Affairs: Mr. Campbell ator from Maine (Ms. COLLINS), the week of March 21 through March 27, 1999, as ‘‘National Inhalants and Poi- (Chairman), Mr. Murkowski, Mr. McCain, Senator from Alabama (Mr. SESSIONS), Mr. Gorton, Mr. Domenici, Mr. Thomas, Mr. the Senator from Nebraska (Mr. sons Awareness Week.’’ Hatch, Mr. Inhofe, Mr. Inouye (Vice Chair- HAGEL), the Senator from Maine (Ms. SENATE RESOLUTION 48 man), Mr. Conrad, Mr. Reid of Nevada, Mr. SNOWE), the Senator from Arizona (Mr. At the request of Mrs. HUTCHISON, the Akaka, Mr. Wellstone, and Mr. Dorgan. MCCAIN), the Senator from Nevada (Mr. names of the Senator from Michigan Special Committee on the Year 2000 Tech- BRYAN), the Senator from Idaho (Mr. (Mr. ABRAHAM), the Senator from nology Problems: Mr. Bennett (Chairman), CRAIG), the Senator from Georgia (Mr. Texas (Mr. GRAMM), the Senator from Mr. Kyl, Mr. Smith of Oregon, Ms. Collins, Mr. Stevens (ex-officio), Mr. Dodd (Vice COVERDELL), the Senator from Wyo- Massachusetts (Mr. KERRY), the Sen- Chairman), Mr. Moynihan, Mr. Edwards, and ming (Mr. ENZI), the Senator from Ha- ator from California (Mrs. FEINSTEIN), Mr. Byrd (ex-officio). waii (Mr. INOUYE), and the Senator the Senator from Virginia (Mr. WAR- f from New Hampshire (Mr. GREGG) were NER), the Senator from Missouri (Mr. added as cosponsors of Senate Concur- BOND), the Senator from Wisconsin SENATE RESOLUTION 56—REC- rent Resolution 5, a concurrent resolu- (Mr. KOHL), the Senator from Montana OGNIZING MARCH 2 AS ‘‘NA- tion expressing congressional opposi- (Mr. BURNS), the Senator from Indiana TIONAL READ ACROSS AMERICA tion to the unilateral declaration of a (Mr. LUGAR), the Senator from Kansas DAY,’’ AND ENCOURAGING READ- Palestinian state and urging the Presi- (Mr. BROWNBACK), the Senator from ING THROUGHOUT THE YEAR dent to assert clearly United States op- Louisiana (Mr. BREAUX), the Senator Mr. COVERDELL (for himself, Mr. position to such a unilateral declara- from Connecticut (Mr. DODD), the Sen- TORRICELLI, and Mr. ROBB) submitted tion of statehood. ator from North Dakota (Mr. DORGAN), the following resolution; which was At the request of Mrs. MURRAY, her the Senator from North Carolina (Mr. considered and agreed to: name was added as a cosponsor of Sen- EDWARDS), the Senator from Louisiana S. RES. 56 ate Concurrent Resolution 5, supra. (Ms. LANDRIEU), the Senator from Whereas reading is a fundamental part of SENATE CONCURRENT RESOLUTION 11 Michigan (Mr. LEVIN), the Senator life and every American should be given the At the request of Mr. CAMPBELL, the from Nevada (Mr. REID), the Senator chance to experience the many joys it can names of the Senator from Iowa (Mr. from Maryland (Mr. SARBANES), the bring; GRASSLEY), the Senator from Oregon Senator from New Jersey (Mr. LAUTEN- Whereas National Read Across America (Mr. SMITH), and the Senator from BERG), the Senator from Massachusetts Day calls for every child in every American March 2, 1999 CONGRESSIONAL RECORD — SENATE S2139 community to celebrate and extoll the vir- pose of this meeting will be to review For further information, please con- tue of reading on the birthday of America’s federal child nutrition programs. tact Paul Cooksey at 224–5175. favorite Doctor—Dr. Seuss; COMMITTEE ON HEALTH, EDUCATION, LABOR, f Whereas National Read Across America AND PENSIONS Day is designed to show every American AUTHORITY FOR COMMITTEES TO Mr. JEFFORDS. Mr. President, I child that reading can be fun, and encour- MEET ages parents, relatives and entire commu- would like to announce for information nities to read to our nation’s children; of the Senate and the public that a COMMITTEE ON AGRICULTURE, NUTRITION, AND Whereas National Read Across America hearing of the Senate Committee on FORESTRY Day calls on every American to take time Health, Education, Labor, and Pen- Mr. BENNETT. Mr. President, I ask out of their busy day to pick up a favorite sions will be held on Tuesday, March 2, unanimous consent that the Commit- book and read to a young boy or girl, a class 1999, 9:30 a.m., in SD–430 of the Senate tee on Agriculture, Nutrition, and For- or a group of students; Dirksen Building. The subject of the estry be allowed to meet during the Whereas reading is a catalyst for our chil- session of the Senate on Tuesday, dren’s future academic success, their prepa- hearing is Medical Necessity: From ration for America’s jobs of the future, and Theory to Practice. For further infor- March 2, 1999. The purpose of this our nation’s ability to compete in the global mation, please call the committee, 202/ meeting will be to review Federal child economy; 224–5375. nutrition programs. Whereas the distinguished Chairman Jim COMMITTEE ON INDIAN AFFAIRS The PRESIDING OFFICER. Without Jeffords and Ranking Member Ted Kennedy Mr. CAMPBELL. Mr. President, I objection, it is so ordered. of the Senate Health, Education, Labor and would like to announce that the Senate COMMITTEE ON ARMED SERVICES Pensions Committee have provided signifi- Mr. BENNETT. Mr. President, I ask cant leadership in the area of community in- Committee on Indian Affairs will meet volvement in reading through their partici- during the session of the Senate on unanimous consent that the Commit- pation in the Everybody Wins! program; Wednesday, March 3, 1999 at 9:30 a.m. to tee on Armed Services be authorized to Whereas Chairman Jim Jeffords has been Mark-up the Committee’s Budget meet on Tuesday, March 2, 1999, at 9:30 recognized for his leadership in reading by Views & Estimates letter to the Budget a.m. in open session, to receive testi- Parenting Magazine; Committee for FY 2000 Indian pro- mony on the defense authorization re- Whereas prominent sports figures such as grams. (The Joint Hearing with the quest for fiscal year 2000 and the future National Read Across America Day Honor- Senate Committee on Energy and Nat- years defense plan. ary Chairman Cal Ripken of the Baltimore The PRESIDING OFFICER. Without Orioles baseball team, Sandy Alomar of the ural Resources on American Indian Cleveland Indians, and members of the At- Trust Management Practices in the De- objection, it is so ordered. lanta Falcons football team have dedicated partment of the Interior will imme- COMMITTEE ON ENERGY AND NATURAL substantial time, energy and resources to en- diately follow). The Meeting/Hearing RESOURCES courage young people to experience the joy will be held in room 106 of the Dirksen Mr. BENNETT. Mr. President, I ask and fun of reading; Senate Office Building. unanimous consent that the Commit- Whereas the 105th Congress made an his- Those wishing additional information tee on Energy and Natural Resources toric commitment to reading through the be granted permission to meet during passage of the Reading Excellence Act which should contact the Committee on In- focused on traditionally successful phonics dian Affairs at 202/224–2251. the session of the Senate on Tuesday, instruction, tutorial assistance grants for at- COMMITTEE ON HEALTH, EDUCATION, LABOR, March 2, for purposes of conducting a risk kids, and literacy assistance for parents: AND PENSIONS full committee hearing which is sched- Now, therefore, be it Resolved, That the Mr. JEFFORDS. Mr. President, I uled to begin at 10:00 a.m. The purpose Senate— would like to announce for information of this oversight hearing is to consider (1) recognizes March 2, 1999 as National of the Senate and the public that a the President’s budget for FY2000 for Read Across America Day; and hearing of the Senate Committee on the Department of the Interior. (2) expresses its wishes that every child in The PRESIDING OFFICER. Without every American city and town has the abil- Health, Education, Labor and Pen- ity and desire to read throughout the year, sions, Subcommittee on Aging will be objection, it is so ordered. and receives the parental and adult encour- held on Wednesday, March 3, 1999, 9:30 COMMITTEE ON HEALTH, EDUCATION, LABOR, agement to succeed and achieve academic a.m., in SD–430 of the Senate Dirksen AND PENSIONS excellence. Building. The subject of the hearing is Mr. BENNETT. Mr. President, I ask f Older Americans Act: Oversight and unanimous consent that the Commit- tee on Health, Education, Labor, and AMENDMENTS SUBMITTED Overview. For further information, please call the committee, 202/224–5375. Pensions be authorized to meet for a COMMITTEE ON HEALTH, EDUCATION, LABOR, hearing on ‘‘Medical Necessity: From RELATIVE TO THE SPECIAL COM- AND PENSIONS Theory to Practice’’ during the session MITTEE ON THE YEAR 2000 TECH- Mr. JEFFORDS. Mr. President, I of the Senate on Tuesday, March 2, NOLOGY-RELATED PROBLEM would like to announce for information 1999, at 9:30 a.m. of the Senate and the public that a The PRESIDING OFFICER. Without hearing of the Subcommittee on Em- objection, it is so ordered. BENNETT (AND DODD) ployment, Safety, and Training, Senate COMMITTEE ON VETERANS’ AFFAIRS AMENDMENT NO. 30 Committee on Health, Education, Mr. BENNETT. Mr. President, the Mr. BENNETT (for himself and Mr. Labor, and Pensions, will be held on Committee on Veterans’ Affairs would DODD) proposed an amendment to the Thursday, March 4, 1999, 9:30 a.m., in like to request unanimous consent to resolution (S. Res. 7) to amend Senate SD–430 of the Senate Dirksen Building. hold a joint hearing with the House Resolution 208 of the 105th Congress to The subject of the hearing is ‘‘the New Committee on Veterans’ Affairs to re- increase funding of the Special Com- SAFE Act.’’ For further information, ceive the legislative presentations of mittee on the Year 2000 Technology-re- please call the committee, 202/224–5375. the Veterans of World War I of the lated Problems; as follows: COMMITTEE ON SMALL BUSINESS USA, Non-Commissioned Officers Asso- On page 1, line 5, strike ‘‘both places’’ and Mr. BOND. Mr. President, I wish to ciation, Paralyzed Veterans of Amer- insert ‘‘the second place’’. announce that the Committee on Small ica, Jewish War Veterans, and the f Business will hold a hearing on ‘‘The Blinded Veterans Association. The President’s Fiscal Year 2000 Budget Re- hearing will be held on Tuesday, March NOTICES OF HEARINGS quest for the Small Business Adminis- 2, 1999, at 9:30 a.m., in room 345 of the COMMITTEE ON AGRICULTURE, NUTRITION, AND tration.’’ The hearing will be held on Cannon House Office Building. FORESTRY Tuesday, March 6, 1999, beginning at The PRESIDING OFFICER. Without Mr. LUGAR. Mr. President, I would 10:00 a.m. in room 428A of the Russell objection, it is so ordered. like to announce that the Senate Com- Senate Office Building. COMMITTEE ON THE YEAR 2000 TECHNOLOGY mittee on Agriculture, Nutrition, and The hearing will be broadcast live on PROBLEM SPECIAL Forestry will meet on Tuesday, March the Internet from our homepage ad- Mr. BENNETT. Mr. President, I ask 2, 1999 in SD–106 at 9:00 a.m. The pur- dress: http://www.senate.gov/sbc unanimous consent that the Special S2140 CONGRESSIONAL RECORD — SENATE March 2, 1999 Committee on the Year 2000 Tech- vote, I decided to state on the Senate service by a poor quality-of-life stand- nology Problem be permitted to meet floor, ‘‘not proven, therefore not ard. We can accomplish this by making on March 2, 1999 at 8:30 a.m. for the guilty,’’ when my name was called on sure that our military have adequate purpose of conducting a hearing. the roll call votes on Article I and Ar- housing, a good, responsive medical The PRESIDING OFFICER. Without ticle II of the Articles of Impeachment. care system, proper training and equip- objection, it is so ordered. That avoided the possibility of a chal- ment, and support for their families. SUBCOMMITTEE ON SURFACE TRANSPORTATION/ lenge and also more accurately re- Even more importantly, we who are MERCHANT MARINE corded my vote as ‘‘not guilty’’ since I not actively involved in military serv- Mr. BENNETT. Mr. President, I ask did not wish to be recorded as merely ice must continue to hold up individ- unanimous consent that the Sub- ‘‘present.’’ ∑ uals such as the 24th Company as committee on Surface Transportation/ f exemplars of service and sacrifice in Merchant Marine be allowed to meet our country. Theirs are the stories that COMMENDING THE NEBRASKA on Tuesday, March 2, 1999, at 9:30 am need to be told. on reauthorization of the Surface ARMY NATIONAL GUARD’S 24TH In closing, I would like to give a per- Transportation Board. MEDICAL COMPANY ON THEIR sonal ‘‘Thank you’’ to each and every The PRESIDING OFFICER. Without DEPLOYMENT TO BOSNIA one of the fifty-nine members of the objection, it is so ordered. ∑ Mr. KERREY. Mr. President, now Nebraska Army National Guard’s 24th SUBCOMMITTEE ON WESTERN HEMISPHERE, that the Senate has passed the Sol- Medical Company. I wish you success PEACE CORPS, NARCOTICS AND TERRORISM diers’, Sailors’, Airmen’s, and Marines’ in your journey and look forward to Mr. BENNETT. Mr. President, I ask Bill of Rights Act of 1999, I would like your return from what is the noblest unanimous consent that the Sub- to take a few moments to express my mission in the Army, the mission to committee on Western Hemisphere, appreciation for a group of dedicated save lives.∑ Peace Corps, Narcotics and Terrorism Nebraskans who have chosen to serve f of the Committee on Foreign Relations their country in the Nebraska Army be authorized to meet during the ses- National Guard. AFRICAN-AMERICAN HISTORY sion of the Senate on Tuesday, March Most of the fifty-nine members of the MONTH 2, 1999, at 3:00 pm to hold a hearing. Nebraska Army National Guard’s 24th ∑ Mr. SANTORUM. Mr. President, the The PRESIDING OFFICER. Without Medical Company left Lincoln on Feb- month of February has been designated objection, it is so ordered. ruary 21st, for Fort Benning, Georgia. as African-American History Month, f This week, having completed some ad- however, African-American history is ADDITIONAL STATEMENTS ditional training, these soldiers from American history. The contributions of the Nebraska Guard are traveling, African-Americans to America encom- along with five of the unit’s UH–60 pass almost every area of American IMPEACHMENT VOTE OF SENATOR Blackhawk helicopters, to participate life. African-Americans are recorded in ARLEN SPECTER in Operation Joint Forge in Bosnia, America as early as 1619, one year be- ∑ Mr. SPECTER. Mr. President, be- where they are scheduled to serve up to fore the Mayflower landed at Plymouth tween the time I made my statement 270 days overseas. The 24th Medical Rock. The oldest established African- in the closed Senate deliberations on Company will be only the second air American family are descendants of February 11th and the time I cast my medical evacuation unit deployed to William Tucker, born in Jamestown, vote on February 12th, I consulted with Bosnia, where their mission will be to Virginia in 1624. the Parliamentarian and examined the care for casualties as they are flown Unfortunately for many of our youth, Senate precedents and found that if I from the front lines to hospitals. African-American role models are lim- voted simply ‘‘not proven,’’ that I Earlier this month, I visited with ited to those known for their achieve- would be marked on the voting roles as members of the medical unit in their ments in the world of sports and enter- ‘‘present.’’ I also found that a response hangar in Lincoln, Nebraska. Mr. tainment. Although their accomplish- of ‘‘present,’’ and inferentially the President, I am very impressed by the ments in this field are substantial and equivalent of ‘‘present,’’ could be chal- dedication and training of these fine important, few of our youth know, for lenged and that I could be forced to individuals. We are increasingly calling instance, about the many African- cast a vote of ‘‘yea’’ or ‘‘nay.’’ upon our nation’s Reserve units to pro- Americans who, throughout history, I noted the precedent on June 28, vide support for missions such as Bos- displayed tremendous courage and 1951, recorded on pages 7403 and 7404 of nia, as part of America’s down-sized honor in times of war. Cripus Attuk, an the CONGRESSIONAL RECORD, when Sen- military. Unlike the active duty forces, African-American, was killed in the ator Benton of Connecticut and Sen- the citizen soldier puts a uniform on, Boston Massacre in 1770, becoming the ator Lehman of New York voted serves his or her country, takes the first casualty of the American Revolu- ‘‘present’’ during a roll call vote. Sen- uniform off, and goes back to work. We tion. Most of the 5,000 blacks that ator Hickenlooper of Iowa challenged Americans should not take this dedica- fought in the Revolutionary War were these votes and argued that a senator tion for granted. This current deploy- slaves that fought in place of their must vote either ‘‘yea’’ or ‘‘nay’’ unless ment may last for nine months, and owners. After the war had been won, the Senate votes to excuse the senator that is nine months of time away from they were immediately put back to from voting. Senator Hickenlooper’s their families, their jobs, their edu- work on their plantations, still slaves. challenge was upheld, and the Senate cation, and their lives. They realize the More than 200,000 African-Americans voted against excusing these Senators importance of their mission, and they served in the Civil War. After the Civil from voting by a vote of 39 to 35 in the are willing to make the sacrifices such War, many of these trained soldiers case of Senator Lehman and a vote of a mission entails. were sent west and were reorganized as 41 to 34 in the case of Senator Benton. Mr. President, I am encouraged by the 9th & 10th Cavalries, where they I also noted the precedent on August last week’s vote in this chamber to in- were called the ‘‘Buffalo Soldier’’ by 3, 1954, on page 13086 of the CONGRES- crease base pay and benefits for our the Indians they were fighting. The SIONAL RECORD, when Senator Mans- military forces. The men and women Tuskeegee Airmen of World War II, an field of Montana voted ‘‘present’’ dur- who dedicate their lives to keeping our air squadron, had the most impressive ing a roll call vote. Senator Cordon of nation safe need and deserve a pay war record in their theater of action, Oregon objected and asked that the raise. The decision to join the military never losing a bomber they were as- Senate vote on whether Senator Mans- is extraordinary, and those who do so signed to escort. Against almost insur- field should be excused from voting. By need to be properly compensated. How- mountable odds and racial discrimina- voice vote, the Senate voted against ever, money has never been and never tion, African-Americans have faith- excusing Senator Mansfield from vot- will be the motivating factor for people fully served America. ing. who wish to join the Armed Services. Significant in another aspect of In order to avoid the possibility that We must ensure that the soldiers in our America’s history are the African- some Senator might challenge my military are not driven away from Americans whose endeavors helped fuel March 2, 1999 CONGRESSIONAL RECORD — SENATE S2141 the industrial revolution, contributing and before we considered how the bill programs instead, like education, the to the economic prosperity and stand- might affect the rest of the budget. environment, or transportation. Ac- ard of life all Americans enjoy today. Even though I want to see a pay raise cording to the Concord Coalition, 57 George Washington Carver discovered and retirement reform, I had to vote percent of the budget was devoted to over 500 products with the peanut, the against this excessively costly bill. entitlements in 1998, but we are now on sweet potato, and corn. Many impor- When S. 4 was reported out of com- track to devote 73 percent of the budg- tant inventions were made by African- mittee, it already cost $12 billion more et to entitlements by 2009. This bill Americans with thousands of patents than the President requested over the will worsen the entitlement picture, made that have benefitted not only next five years. The bill as passed by and mean that more and more discre- America, but the world. Jan Matzeliger the Senate is estimated to cost $17 bil- tionary spending will have to be cut to invented the first shoe making ma- lion more than the President asked for. cover growing entitlements. chine. Elijah McCoy had forty-two pat- That is just for the next five years. This was a very sad first bill for the ents, most for lubricating different Using Congressional Budget Office Senate to consider after we finally types of steam engines and machines, (CBO) figures, S. 4 would consume one- turned the corner on deficits. We can- as well as the first graphite lubricating quarter of the projected non-Social Se- not go back to pre-1974 Budget Act device. Garrett A. Morgan invented the curity surplus in the next fiscal year. spending patterns. We must not aban- three-way traffic light which he sold to Once personnel start to retire under its don fiscal discipline and spend the sur- General Electric. Frederick McKinley provisions, costs will skyrocket. CBO plus before we even see a penny of it. I Jones invented a workable way to re- estimates that the retirement changes hope and expect that fiscal sanity will frigerate trucks and railroad cars, as in S. 4 will eventually raise the costs of be restored and that, when the bill re- well as manufactured movie sound military pensions by a whopping 18 per- turns from conference or as part of a equipment. George R. Curruthers in- cent. These increased costs will come larger measure, I will be able to vote vented image converters for detecting due at the same time the baby boom for a well-deserved pay raise for our electromagnetic radiation. He was also generation retires, with the attendant military personnel and a reasonable re- one of the two people responsible for strain on Social Security and Medi- tirement package, but a package that the development of the lunar service care. fits within the budget framework and ultraviolet camera/specter graph. Dr. It is impossible to justify these steep discipline we have all embraced.∑ Charles R. Drew is credited with the increases in costs, particularly since f discovery of blood plasma which sup- not one hearing was held on S. 4. We all FUTURE LEADERS OF THE BIG plants blood in transfusions, as was the agree there are problems with recruit- SKY STATE first person to set up and establish ment and retention in the military, but blood banks. Dr. Daniel Hale Williams we did not get the benefit of expert tes- ∑ Mr. BAUCUS. Mr. President, in my is the first doctor to successfully per- timony—or any testimony at all—as to view, public service is the most noble form open heart surgery. why, nor did we get input on how best human endeavor. Today, more than Some of the people mentioned played to address these problems before pass- ever, we must look to the younger gen- an important role in America’s past ing this very expensive solution. Last eration as leaders for tomorrow. For wars. Many African-Americans I en- year Congress asked the General Ac- their commitment to community serv- counter today, however, are the unsung counting Office (GAO) to do a detailed ice, I am pleased to recognize two of heroes of a different kind of war. They study of recruitment and retention Montana’s young leaders. battle for the hearts and minds of our problems. GAO has been conducting Their community work demonstrates inner city youth. For example in Phila- surveys and interviewing troops in the an ability to make a difference in the delphia, The Reverend Herb Lusk, and field to find out why they may plan to lives of others. The work of these two ‘‘People for People,’’ are providing wel- leave the service. GAO’s preliminary young Montanans sets an impressive fare to work training, after school tu- findings show that ‘‘money has been standard for their peers. toring for grade school children, as overstated as a retention factor.’’ I would like to congratulate and well as GED and computer training for GAO’s report is due in just a few honor two young Montana students the poor and disadvantaged. The Rev- months. Similar studies by CBO and who have achieved national recogni- erend Dr. Ben Smith’s Deliverance the Pentagon are due out shortly. tion for exemplary volunteer service in Church, which owns and operates a Some experts have said that dis- their communities. Mindi Kimp of Cor- shopping mall and sixty-five outreach satisfaction over military health care vallis, Montana, and Jill Lombardi of ministries, has long served the greater and the operations tempo were more Helena, Montana, have been named community. C. Delores Tucker cur- important issues for those leaving the State Honorees in The 1999 Prudential rently organizes the largest Martin Lu- military. Spirit of Community Awards program, ther King Center for Non-violence in I find it most troubling that this bill an annual honor conferred on only one the nation. One of the many things she was brought to the floor before we high school and one middle school stu- does for the community is to arrange passed a budget resolution, and outside dent in each state, the District of Co- for many to gather and celebrate our of the normal Defense Authorization lumbia and Puerto Rico. great Civil Rights leader on his birth- bill. With no budget caps, and no other Ms. Kimp is being recognized for her day at an annual luncheon. defense priorities to consider, the bill work in coordinating a ‘‘senior citizen It is fitting that all Americans salute brought us into a never, never land of prom’’ for seniors living in Missoula the invaluable services and contribu- wishful thinking. The bill sets out the and Ravalli counties. Mindi, a 4–H tions of African-Americans and the most generous package of benefits, but member and junior class president, en- role that they have played and con- does not consider what might happen joys a close relationship with her tinue to play in American History.∑ to the rest of the defense budget if grandparents. In helping to plan her f these cost increases go into effect. Will own Hamilton High School prom, she we have to cut readiness, operations conceived the idea of a senior citizen SOLDIERS’, SAILORS’, AIRMEN’S and maintenance, or procurement ac- prom. She believed that this would be a AND MARINES’ BILL OF RIGHTS counts? Will we be able to fund steps great way to honor grandparents and ∑ Mr. DURBIN. Mr. President, I sup- that could reduce the operations tempo help restore faith in today’s younger port giving our troops a pay raise, and or make it more predictable? Will we generation. Mindi worked closely with I support improving the retirement be able to fund improvements in mili- the Council on Aging in planning the package of career military personnel. tary health care? event. She solicited donations to make However, the bill the Senate has con- The so-called firewalls between de- the event free to all seniors. She also sidered, S. 4, the Soldiers’, Sailors’, fense and domestic discretionary used it to provide prizes, decorations, Airmen’s and Marines’ Bill of Rights, is spending are down. That means that, and a rose for every lady. The event not only too expensive, it was also rather than cutting other parts of the was so successful that she will speak at brought to the floor too hastily, with- defense budget to pay for these in- the State Student Council Convention out holding hearings on its provisions, creases, we may have to cut domestic on how to plan a senior citizen prom. S2142 CONGRESSIONAL RECORD — SENATE March 2, 1999 The event will now be held annually at accomplishment that is truly extraor- land National Seashore. Don has been Hamilton High School. dinary in today’s world, and deserve with NPCA since 1992. Having once Ms. Lombardi, a member of the Hel- our sincere admiration and respect. climbed Mount Rainier, Don transfers ena Youth Advisory Council, is being These young Montana leaders show this same motivation and dedication to recognized for her leadership role in commendable community spirit and his work. He is an avid and passionate two projects: a skateboard park and tremendous promise for America’s fu- defender of preserving and protecting ‘‘Martin Luther King Volunteer Day.’’ ture.∑ our National Park System. Jill served on and established the first- f Don played a vital role in crafting ever Helena Youth Advisory Council. the Cumberland agreement by actively As a member, Jill recruited interested CUMBERLAND ISLAND NATIONAL engaging and compromising with nu- skateboarders to advise the council on SEASHORE WITH SPECIAL merous interested stakeholders while the design of the park. She also helped THANKS TO DON BARGER AND at the same time fulfilling his duty to to obtain a $50,000 grant from the Turn- TAVIA MCCUEAN preserve the integrity of the Wilder- er Foundation for the park’s construc- ∑ Mr. CLELAND. Mr. President, last ness Act and the National Park Sys- tion. In planning the volunteer day, week, after more than two years of ne- tem. His tireless effort and willingness Jill worked with the council to orga- gotiations, an agreement was finally to commit his time, energy and enthu- nize activities such as community reached to release funding for land ac- siasm to this process reflect well upon clean-up and youth reading programs. quisition on Cumberland Island Na- him and on the National Parks and She recruited volunteers, analyzed tional Seashore. Located off the coast Conservation Association. community needs, arranged volunteer of Georgia, Cumberland provides a I would like to pay special thanks to projects, and coordinated celebration unique experience for visitors by ena- Tavia McCuean, Georgia State Director activities. The event’s success has in- bling them to view seemingly endless of The Nature Conservancy, who vigi- spired the council to host the event undeveloped beaches and dunes in pris- lantly pursued the critical land acqui- again next year. tine condition. The beautiful coastline sition funds for Cumberland. The Cum- Young volunteers like Ms. Kimp and is contrasted by marshes and vast for- berland agreement would not have been Ms. Lombardi are inspiring examples ests of mixed hardwoods. The natural possible without the generous commit- to all of us, and are among our bright- environment plays a critical role in ment of The Conservancy to contribute est hopes for a better tomorrow. It is habitat protection for several threat- $6 million for the land purchase. important that we recognize their ened and endangered species including There were certainly several occa- achievements and support their con- the bald eagle, the loggerhead sea tur- sions over the past two years in which tributions. Numerous statistics indi- tle and the manatee. Tavia and The Nature Conservancy cate that Americans today are less in- The Island also allows individuals to could have lost all patience as repeated volved in their communities than they visit the incredible cultural and histor- efforts to obtain the land acquisition once were, and it is critical that the ical remnants which exist on the Is- funds were blocked. However, Tavia work of these young people is encour- land. The remarkable history of the is- tirelessly and patiently focused her en- aged. land indicates human habitation dat- ergy and that of her dedicated staff to- The program that brought these ing back thousands of years. First oc- wards securing the release of these young role models to our attention— cupied by the Spanish in the early days funds. Future generations visiting The Prudential Spirit of Community of the colonial period, the island was Cumberland Island will owe a great Awards—was created by The Pruden- eventually claimed by the English in debt of gratitude for this experience to tial Insurance Company of America in the mid-1700s. Cumberland also has his- the efforts of Tavia McCuean and The partnership with the National Associa- torical connections to the Revolution- Nature Conservancy. tion of Secondary School Principals in ary and Civil Wars. One unique histori- President Theodore Roosevelt once 1995 to impress upon all youth volun- cal reference to the island—brought to said, ‘‘The nation behaves well if it teers that their contributions are criti- my attention by the Senate’s own resi- treats the natural resources as assets cally important and highly valued, and dent historian, the distinguished Sen- which it must turn over to the next to inspire other young people to follow ior Senator from West Virginia, relays generation increased, and not im- their example. In only four years, the the story that after his duel with Alex- paired, in value.’’ Both Tavia McCuean program has become the nation’s larg- ander Hamilton on July 11, 1804, Aaron and Don Barger have done well in up- est youth recognition effort based sole- Burr fled to Cumberland Island in holding this doctrine and truly rep- ly on community service, with more exile—only to eventually leave after resent the best of public spiritedness.∑ than 50,000 youngsters participating. being snubbed by the island residents. f Ms. Kimp and Ms. Lombardi should With this agreement, we have not be extremely proud to have been sin- only preserved the Island in accordance RETIREMENT OF HENRY WOODS gled out from such a large group of with its designation as a National Sea- ∑ Mrs. LINCOLN. Mr. President, if you dedicated volunteers. As part of their shore, but we have taken the critical consult any of the numerous Congres- recognition, they will come to Wash- steps necessary to restore and main- sional directories that are published ington in early May, along with other tain the historic and cultural resources here in Washington, you will see that 1999 Spirit of Community honorees on Cumberland which had been seri- they all list six members of the Arkan- from across the country. While here in ously neglected for several years. The sas Congressional Delegation—two Washington, ten will be selected as agreement also provides additional ac- Senators and four House members. But America’s top youth volunteers of the cess to individuals wishing to visit the for the past 25 years, there has been an year by a distinguished national selec- historic resources on the island. By re- unofficial seventh member of our dele- tion committee. leasing the monies for the land pur- gation: a dynamic, hard-working, can- I heartily applaud Ms. Kimp and Ms. chase and implementing these changes, do staffer named Henry Woods. After Lombardi for their initiative in seek- we will be making the ultimate bene- two decades in the nation’s capital, ing to make their communities better factors the future generations of Amer- Henry is retiring, and the state of Ar- places to live, and for the positive im- icans who will have the opportunity to kansas is losing a Washington institu- pact they have had on the lives of Mon- experience the natural and historical tion. tanans. I also would like to salute two treasures possessed by Cumberland Is- Henry has helped one Congressman young people in Montana who were land. and three Senators from Arkansas to named Distinguished Finalists by The I would like to take a moment to court and inform constituents, direct Prudential Spirit of Community publicly recognize and express my sin- Arkansans to the assistance they need, Awards for their outstanding volunteer cere appreciation to Don Barger, provide intern opportunities for the service: Nadia Ben-Youssef and Angela Southeast Regional Director of the Na- state’s young people, and stage events Bowlds. tional Parks and Conservation Associa- to advance his members’ priorities at All of these young people have dem- tion (NPCA), for his assistance in re- home and the state’s interest in Wash- onstrated a level of commitment and solving the issues on Cumberland Is- ington. For the past 25 years, people March 2, 1999 CONGRESSIONAL RECORD — SENATE S2143 working in the state congressional del- served on the Board of Directors of the itol Hill as you retire from 25 years of gov- egation knew that if you wanted to Alumni Association. A cash award will ernment service. I can’t imagine the Arkan- launch an ambitious project and have be given each year to a student who sas delegation without Henry. You have done it done well, you wanted Henry Woods shows an interest in internships or gov- so much for so many (including myself) over the years, we cannot begin to properly thank to be in charge of it. ernment services. The award will be you. His institutional memory is as in- formally announced at the University I remember one of my early campaigns for credible as it has been invaluable. It is on April 22. the Arkansas State Legislature. You took not uncommon for him, at a moment’s To put it briefly, no matter which of- time off and came to Arkansas to help orga- notice, to recall the name of a con- fice he was working in, Henry quickly nize a ‘‘Get Out the Vote’’ effort. You and stituent’s wife, the ages of their chil- became indispensable, a fact that was your army of ‘‘intern alumni’’ worked tire- dren and which schools they attend, recognized by countless people both on lessly to get me elected, and I will never for- which of his cousins serve in the State and off the Hill as the following letters get it. Legislature, and what civic groups he Henry, Capitol Hill will miss you—but not attest. Now he is leaving for sunnier half as much as Arkansas will miss you! belongs to and who he supported in the climes in the southern-most point of I wish you all the best in your new life. last campaign. He can also cite zip code the continental United States. We are With warm regards, after zip code, not to mention phone going to miss him, and we are going to MARK PRYOR. prefixes for cities and towns across Ar- be poorer without him. We wish him kansas. well, and we want to let him know that LITTLE ROCK, AR, February 11, 1999. Over the years he has made many the key will be under the doormat for Mr. HENRY WOODS, friends in the halls of the House and him any time he wants to come back. Senator Blanche Lincoln’s Office, Senate, from the doorkeepers to the Mr. President, I ask that the four let- Washington, DC. printing clerks, from the restaurant DEAR HENRY: I’m still in denial. I can’t ters regarding Henry Wood’s retire- imagine Washington without you, and if I workers to the Rules Committee staff- ment be printed in the RECORD. could change your mind, I would do so in a ers who have all helped him accomplish The letters follow: heartbeat. things for the members and constitu- THE WHITE HOUSE, But knowing that’s not possible, let me ents. He has an amazing way of finding Washington, DC, February 23, 1999. just say that ‘‘friends are friends forever’’ the people and the resources to accom- HENRY WOODS, and our friendship—which began at the Uni- Washington, DC. plish any project he is given. versity of Arkansas and continues through DEAR HENRY: As you retire from your life- today—will always be special. Henry, a proud Hot Springs native, is time of public service on Capitol Hill, I want legendary for his political savvy and I thank you for being so responsive to so to congratulate you and thank you for your many. I thank you for designing and imple- quick wit. His fellow staffers often commitment, hard work, and generous lead- menting the best intern program on Capitol wondered why someone as busy as ership. Hill. I thank you for giving so many Arkan- Henry was so willing to serve as driver In particular, I am so grateful for your ef- sas young people the chance to participate. for his employer whenever one was forts on behalf of the people from our home In just a few weeks, we will dedicate the needed. After a while, they realized state. The warm hospitality you have pro- ‘‘Henry Woods Award’’ at the University of vided to Arkansas visiting the Capitol that those occasions gave Henry as Arkansas. It has already been endowed by throughout these 25 years has given them a your many friends and will be presented an- much as a half-hour of interrupted ac- special feeling of connectedness to their rep- cess to the member, which he used to nually to the outstanding student leader on resentatives here in Washington. The guid- the campus. From this day forward, the most full effect. He has often been heard cau- ance you have provided people of all ages— honorable student leader at your alma mater tioning members and staffers alike and especially youth and students—leaves a will be recognized with an award bearing that certain visitors waiting to see wonderful legacy . . . and big shoes to fill! your name. Hillary joins me in sending our best wishes them ‘‘may not be right, but they’re Now, I have a new project for you. Cer- for all possible happiness in this next phase convinced.’’ Another popular Henry- tainly a book about your experiences is in of your life. order. I hope you will consider it, and I look ism has been an admonition to disgrun- Sincerely, forward to talking with you—and the Uni- tled staffers that they ‘‘can just get BILL CLINTON. glad in the same clothes they got mad versity of Arkansas Press—about it. Billie is already making Key West family FEBRUARY 22, 1999. in.’’ vacation plans. All the Rutherfords wish you Mr. HENRY WOODS, Henry has set up and run intern pro- much happiness and continued success. Office of Senator Lincoln, Washington, DC. grams that have easily helped more Thank you for making Arkansas very DEAR HENRY: You came to Washington for than 1,000 Arkansas students become proud. a summer and stayed a career! And what an familiar with the working of Congress Best Wishes, illustrious career you’ve had working in both SKIP RUTHERFORD. and the federal government. His intern the House of Representatives and the Senate. ∑ program has been so successful that it You’ve held many positions during your f has been emulated by countless other tenure, and done a superb job in each one. MENTAL RETARDATION congressional offices. Henry’s interns You developed an intern program that has AWARENESS MONTH never sat idly in the office waiting for proved to be one of the best on Capitol Hill. the next tour, softball game or free re- Over the years, you have been very involved ∑ Mr. GRAMS. Mr. President, I rise ception. He made sure each one had the with the Arkansas State Society. Some today to help increase the public’s would say, ‘‘If it wasn’t for Henry, there awareness of mental retardation as we chance to work in a variety of capac- wouldn’t be a State Society.’’ You’ve worked ities and learn a number of skills in the in more campaigns than I have run. Your focus on the needs and abilities of the offices. It is not surprising that many tent parties are legendary. You helped coach nation’s 7.2 million Americans with of his interns have gone on to run for the winning Capitol Hill softball team in mental retardation. The Arc, the na- public office and serve in the state’s 1982—the Pryorities. You are—the Razor- tion’s largest organization of volunteer leading corporations, commissions, and backs’ biggest fan! advocates for people with mental retar- charitable organizations. Henry, how can we thank you for the tre- dation, consists of more than 1,000 In addition to his official efforts, he mendous contribution you made to our state, local and state chapters. For 21 years, our country—and to all of us. kept the Arkansas State Society and Barbara and the entire Pryor family join the Arc has sponsored the recognition the University of Arkansas alumni so- me in wishing you the very best in the years of March as National Mental Retarda- ciety running efficiently for many ahead. tion Awareness Month. years, working countless hours of his Sincerely, The Arc began in 1950 as a small personal time to organize events rang- DAVID PRYOR. army of friends and parents in Min- ing from the cherry blossom reception neapolis, Minnesota came together to to football watch parties and trips to ATTORNEY GENERAL OF ARKANSAS, create the National Association of Par- the horse races—all aimed at keeping Little Rock, AR, February 19, 1999. ents and Friends of Mentally Retarded Mr. HENRY WOODS, Arkansans in Washington in touch. Office of Senator Lincoln, Washington, DC. Children. From this spark in 1950, Arc Several of his friends established an DEAR HENRY: First let me add my con- members have become advocates not award in his name last year at his be- gratulations to the many I know you are re- only for their own children, but all loved University of Arkansas, where he ceiving from friends and colleagues on Cap- children and other Americans denied S2144 CONGRESSIONAL RECORD — SENATE March 2, 1999 services and opportunities because of of Chicago, Leo was able to climb the I don’t mean simply the story of how my mental retardation. ladder of opportunity and make that father snatched his wife and son from the According to Arc, a person with men- better life for himself and his family. clutches of the Nazis. I don’t mean simply the story of how my parents outwitted both tal retardation is one who, from child- His early experiences gave him a deep the Gestapo and the KGB during a time in hood, develops intellectually at a appreciation of the importance of a history when, in Humphrey Bogart’s words, below-average rate and experiences dif- free society and an open economy. ‘‘the world didn’t give a hill of beans about ficulty in learning, social adjustment Leo Melamed’s heroic story embodies the lives of three people.’’ I don’t mean sim- and economic productivity. Otherwise, the American Dream. The young man ply the story of our race for freedom across he or she is just like anyone else—with who came to Chicago with little has, Europe and Siberia during a moment in his- the same feelings, interests, goals, through hard work, tenacity, intellect tory when the world had gone quite mad. and energy, given much to the world. And I don’t mean simply the story of Consul needs and desire for acceptance. This General Chiune Sugihara, the Japanese intellectual delay requires not only In 1972, he launched the International Oscar Schindler who chose the follow the personal support, but environmental Monetary Market (IMM), the first fi- dictates of his God rather than those of his support for them to live independently. nancial futures market. He has also Foreign Office and, in direct violation of There are more than 250 causes of achieved the position of Chairman their orders, issued life saving transit visas mental retardation. Among the most Emeritus and Senior Policy Advisor for to some 6000 Jews trapped in Lithuania—the recognized are chromosomal abnor- the Chicago Mercantile Exchange Melamdoviches among them. Six months (CME), and is the author of several later all of us would have been machine- malities, such as Down syndrome, and gunned to death along with 10,000 others in prenatal influences, such as smoking or books. His leadership over the past Kovno. alcohol use by a pregnant mother, quarter century has been critical in No, I don’t mean simply all of that, al- which may lead to fetal alcohol syn- helping transform the Chicago Mer- though all of that is a helluva story. But drome or other complications. Mal- cantile Exchange from a domestic agri- there is yet another dimension to the story nutrition, lead poisoning and other en- cultural exchange to the world’s fore- here. I mean the story of the splendor of America! For it was here, here in this land of vironmental problems can also lead to most financial futures exchange. Currently, Melamed serves as chair- the free and home of the brave that the kid mental retardation in children. from Bialystok was given the opportunity to Experts estimate that 50% of mental man and CEO of Sakura Dellaher, Inc., grow up on the streets of Chicago, to climb retardation can be prevented if current a global futures organization which he the rungs of social order without money or knowledge is applied to safeguarding formed in 1993 by combining the clout, and to use his imagination and skills the health of babies and toddlers. Some Sakura Bank, Ltd., one of the world’s so that in a small way he could contribute to of the keys are abstinence from alcohol largest banks, and Dellaher Investment the growth of American markets. In doing so he not only justified fate’s decision to spare use during pregnancy, obtaining good Company, Inc., a Futures Commission Merchant (FCM) he established in 1965. his life, but more important, attested to the prenatal care, education programs for majesty of this nation. pregnant women, and the use of child As a member of the Chicago Mercantile Because within my story lies the essence of seats and safety belts for children. Exchange and the Chicago Board of America, the fundamental beauty of the The theme for this year’s observance Trade, and with an ability to operate United States Constitution and the genius of is the elimination of waiting lists for in all world futures markets, Sakura its creators. For throughout the years, thru community-based services. In a study Dellaher, Inc., assists financial institu- ups and downs, thru defeats and victories, thru innovations which challenged sacred conducted by the Arc, more than tions in their management of risk. Be- cause of Leo’s exemplary accomplish- market doctrines, and ideas which defied sta- 218,000 people were identified as wait- tus quo, no one ever questioned my right to ing for placement in a community- ments and contributions to the field of financial futures, he has been recog- dream, nor rejected my views simply because based residential facility, a job train- I as an immigrant, without proper creden- ing program, a competitive employ- nized as ‘‘the father of the futures mar- tials, without American roots, without ment situation or other support. ket concept.’’ wealth, without influence, or because I was a I should also add, Mr. President, that In Minnesota, over 6,600 members in Jew. Intellectual values always won out over the March 1999 issue of Chicago maga- fifty chapters make up the Arc net- provincial considerations, rational thought zine has chosen Leo Melamed as one of always prevailed over irrational prejudice, work, each working to both prevent the Most Important Chicagoans of the merit always found its way to the top. Say the causes of mental retardation and 20th Century. The article states: ‘‘As de what you will, point out the defects, protest lessen its effects. With the guidance of facto leader of the Chicago Mercantile the inequities, but at the end of the day my the Arc, it is these local and state Exchange for a quarter of a century, story represents the real truth about Amer- chapters working at the grassroots lev- ica. Melamed transformed the moribund ex- For these reasons, after all was said and els which have made and continue to change, introducing foreign currency make the greatest impact for Ameri- done, my parents were optimists. They and gold as commodities to be auc- agree, that in spite of the two World Wars, in cans with mental retardation. tioned off in the trading pits. Thanks spite of the horrors and atrocities, the Twen- Mr. President, I truly appreciate the to those decisions, Chicago is today the tieth Century was nevertheless a most re- unabated commitment to the needs and world capital of currency futures trad- markable century. They watched the world abilities of people with mental retarda- go from the horse and buggy—to main form ing.’’ Leo Melamed deserves great rec- tion the Arc has demonstrated over the of transportation at their birth—to Apollo ognition for his outstanding contribu- years and am honored to help further Eleven which in 1969 took Neil Armstrong to tions to the city he loves so much. public awareness. the moon. ∑ Mr. President, I ask that the full text Indeed, it is hard to fathom that at the f of Leo Melamed’s essay, Reflections on dawn of my parent’s century, Britannia was LEO MELAMED REFLECTS ON THE the Twentieth Century, be printed in still the empire on which the sun never set; ACHIEVEMENTS OF THE TWENTI- the RECORD. the railroads were in their Golden Age, auto- The essay follows: mobiles were considered nothing but a fad, ETH CENTURY the phonograph was the most popular form REFLECTIONS ON THE TWENTIETH CENTURY ∑ Mr. DURBIN. Mr. President, I rise of home entertainment, and life expectancy (By Leo Melamed) today to share with my colleagues an for the American male was but 48. Sigmund The Twentieth Century, my father told me essay written by a great Chicagoan, Freud first published his ‘‘Interpretation of before his death, represented a new low in Dreams,’’ and Albert Einstein, the foremost and the father of our modern-day fu- the history of mankind. ‘‘The Holocaust,’’ he thinker of the century, had just published tures industry, Leo Melamed. I believe said, ‘‘was an indelible blot on human con- his theory of relativity. his essay, Reflections on the Twentieth science, one that could never be expunged.’’ Of course, the event that would have the Century, eloquently captures the es- Still, my father always tempered his real- most profound effect on the direction of our sence of this great nation. ism with a large dose of optimism. He had, present century occurred back in 1848— Mr. President, Leo Melamed had to after all, against all odds, managed to save smack dab in the middle of the Nineteenth travel a long hard road to reach the himself and his immediate family from the Century: Karl Marx and his associate, inevitability of the gas chambers. Were that Friedrich Engels, published the Communist pinnacle of success. As a boy, he sur- not the case, this kid from Bialystok would Manifesto. The concept of communism would vived the Holocaust, coming to the not be here to receive this incredible dominate the political thought of Europe United States to find a better life for Weizmann Institute honor nor tell his story. and later Asia for most of the Twentieth his family. Growing up on the streets And quite a story it is! Century. March 2, 1999 CONGRESSIONAL RECORD — SENATE S2145 Today, some 150 years after the concept tute of Science symbolizes the scientific mir- giant of the judicial system in South was conceived, we know it to have been an acles of the Twentieth Century and points Carolina. His tenure will be remem- unmitigated failure. Indeed, those of us, citi- the direction for the world as we enter the bered as one of the outstanding tenures zens of planet Earth fortunate enough to be Twenty First. If my parents were still of the modern system.’’ present in the final decade of the Twentieth present, they would surely tell this kid from Mr. President, today it is my im- Century, have been privileged to witness Bialystok to await the next century with events equal to any celebrated milestone in great anticipation and with infinite opti- mense pleasure to salute the gigantic the history of mankind. In what seemed like mism. achievements of Judge Ernest Finney, a made for TV video, we were ringside spec- Thank you.∑ one of the most estimable public serv- tators at a global rebellion. In less than an f ants in recent South Carolina history. eye-blink the Berlin Wall fell, Germany was I join his friends and admirers in wish- unified, Apartheid ended, Eastern Europe RETIREMENT OF SOUTH CAROLINA ing him well as he begins his retire- was liberated, the Cold War ceased, and a CHIEF JUSTICE ERNEST FINNEY ment, during which I suspect he will doctrine that impaired the freedom of three generations and misdirected the destiny of ∑ Mr. HOLLINGS. Mr. President, today continue influencing South Carolina the entire planet for seven decades was deci- it is my great privilege and honor to for the better.∑ sively repudiated. salute one of South Carolina’s foremost f What a magnificent triumph of democracy jurists and public servants, South HUMAN RIGHTS AND JUSTICE IN and freedom. What a glorious victory for Carolina Supreme Court Chief Justice SIERRA LEONE capitalism and free markets. What a majes- Ernest A. Finney. tic tribute to Thomas Jefferson, Adam On February 23, Chief Justice Finney ∑ Mrs. FEINSTEIN. Mr. President, I Smith, Abraham Lincoln, and Milton Fried- announced he would retire from the rise to join my colleagues from Wiscon- man. What a divine time to be alive. Surely sin and Tennessee in co-sponsoring these events represented some of the defin- Court after 14 years. This is a bitter- ing moments of the Twentieth Century. Iron- sweet day for my state. All of us who Senate Resolution 54, which was intro- ically, the lynch-pin of all that occurred will admire Judge Finney and appreciate duced on February 25. This resolution not be found in the political or economic his legacy are sorry to see him leave makes a strong, and much needed arena, but rather in the sciences. One hun- the bench; but we also are happy for statement about U.S. concern and com- dred years after the Communist Manifesto, Judge Finney if he has decided it is mitment to African peace and stabil- to be precise, on December 23, 1947—smack time to take a richly deserved rest ity. dab in the middle of the Twentieth Cen- from the rigorous demands of public In the past several years, Sierra tury—two Bell Laboratory scientists in- Leonians have seen their country go vented the first transistor. It was the birth service—demands he has shouldered over five decades. through a tumultuous period. On May of a technology that would serve to domi- 24, 1997, the Armed Forces Revolution- nate the balance of this century and, I dare When Ernest Finney graduated from say, much of the Twenty-first as well. The law school in 1954, blacks were not al- ary Council (AFRC) and the Revolu- Digital Age was upon us. lowed to join the South Carolina bar or tionary United Front (RUF) seized con- Transistors and their offspring, the serve on juries. Judge Finney worked trol of Sierra Leone. The United States microchip, transformed everything: the com- as hard as anyone in the country to demanded that democratically elected puter, the space program, the television, the change that. One of only a handful of President Tejan Kabbah be reinstated telephone, the markets, and, to be sure, tele- immediately. black lawyers in South Carolina in the communications. Modern telecommuni- Although diplomatic efforts by the 1950s, he began his legal career as an cations became the common denominator United States and the Economic Com- which gave everyone the ability to make a advocate for equal rights and desegre- munity of West African States failed, a stark, uncompromising comparison of politi- gation. West African intervention force, cal and economic systems. The truth could Ernest Finney and his law partner, no longer be hidden from the people. We had (ECOMOG), was authorized by the Matthew Perry, who went on to be- international community to intervene, migrated said Walter Wriston of Citicorp come the first black federal Judge in from the gold standard to the ‘‘information and it was successful in removing the standard.’’ South Carolina, tirelessly represented unrecognized military rulers from In a very real sense, the technology of the over 6,000 defendants arrested during power. On March 10, 1998, President Twentieth Century moved mankind from the civil rights demonstrations in the Kabbah returned after 10 months in big to the little. It is a trend that will surely 1960s. Although they lost all the cases exile and reassumed control. continue. In physics, this century began with at the state level, they won almost all Unfortunately violence continues to the theory of General Relativity; this dealt of them on appeal in federal courts. with the vast, with the universe. From there ravage the country. In January of this After helping lead the fight to deseg- year, RUF launched an offensive to we journeyed to comprehension of the infini- regate South Carolina, Ernest Finney tesimal, to quantum physics. Physicists were take the capital, Freetown. Though now able to decode nature’s age-old secrets. turned his attention to another form of ECOMOG drove rebel forces from the Similarly, in biology we also moved from public service. In 1973, he became one city, numerous reports of rape, mutila- macro to micro—from individual cells to of the first blacks elected to the South tions, kidnapping of children for forced gene engineering. We entered an era of bio- Carolina House in this century. He combat, and killings of innocent civil- medical research where we can probe the served until 1976, during which time he ians by RUF forces continue to surface. fundamental components of life and remedy founded the South Carolina Legislative Official estimates report that in the mankind’s most distressing afflictions. Black Caucus. Thus, in stark contrast to the signals at last 2 months alone, the death toll has the turn of the last century, the evidence From 1976 to 1985, Judge Finney sat reached 2,000 to 3,000 people, with many today is overwhelming that the next century on the South Carolina Circuit Court also dying from lack of food and medi- will be dominated by the information stand- bench. Always the pioneer, he was the cine. The United Nations High Com- ard. Today, millions of transistors are etched first black Circuit Court judge in missioner for Refugees estimates the on wafers of silicon. On these microchips all South Carolina. number of refugees fleeing to Guinea the world’s information can be stored in digi- In 1985, he became the first black and Liberia at 440,000. tal form and transmitted to every corner of member of the state Supreme Court The administration has expressed the globe via the Internet. This will change since Reconstruction. He served with shock and horror regarding the des- the way we live, the way we work, and the way we play. Indeed, the Digital Revolution great distinction as an Associate Jus- perate situation in Sierra Leone and I will direct the next century just as the In- tice and earned respect and accolades am pleased that they have indicated dustrial Revolution directed much of the from his peers and from attorneys ap- they will provide $1.3 million for Twentieth. pearing before the Court. logistical support for ECOMOG in 1999, So there you have it: the pain, the In 1994, Judge Finney was elected and $55 million for humanitarian as- progress, and the promise of my parent’s Chief Justice, the first black South sistance for the people of Sierra Leone. century. It would be grand to believe that we Carolinian to attain that position. This Resolution builds on the adminis- have learned from our mistakes, that only Without a doubt, he is one of the finest enlightened times await us, but I am afraid tration’s efforts, and calls for a strong that would be a bit pollyannaish. Still, we jurists in South Carolina history. As U.S. commitment to end the violence stand on the threshold of immense scientific senior Associate Justice Jean Toal and suffering in Sierra Leone. breakthroughs and the future looks brighter commented on the announcement of First, it condemns the violence com- than it ever was. Indeed, the Weizman Insti- Judge Finney’s retirement: ‘‘He’s a mitted by the rebel troops and those S2146 CONGRESSIONAL RECORD — SENATE March 2, 1999 that provide them with financial, polit- sion. It was in this capacity that Dr. The obituary follows: ical, and other types of assistance. Seaborg acted as an advisor to the U.S. [From the Washington Post, Feb. 27, 1999] Second, it supports increased U.S. po- negotiator, Averell Harriman, in talks NOBEL-WINNING CHEMIST GLENN SEABORG litical and logistical support for that led to the Limited Test Ban Trea- DIES ECOMOG, while recognizing the need ty and was an advocate for the peaceful (By Bart Barnes) for ECOMOG to improve its perform- use of atomic energy. Glenn T. Seaborg, 86, the chemist whose ance and increase its respect for hu- Dr. Seaborg kept a journal while work leading to the discovery of plutonium manitarian law. chairman of the AEC. The journal con- won a Nobel Prize and helped bring about the Third, it calls for immediate ces- sisted of a diary written at home each nuclear age, died Feb. 25 at his home near sation of hostilities and the observance evening, correspondence, announce- Berkeley, Calif. ments, minutes, and the like. He was He had been convalescing since suffering a of human rights. stroke in August while being honored at a Fourth, it supports a dialogue be- careful about classified matters; noth- meeting in Boston of the American Chemical tween members of the conflict in order ing was included that could not be Society. to bring about a resolution. made public, and the journal was re- Dr. Seaborg was a major player on the Finally, it expresses support for the viewed by the AEC before his departure team of scientists that developed the world’s people of Sierra Leone in their endeav- in 1971. Nevertheless, more than a dec- first atomic bomb used in warfare, which was or to create and maintain a stable ade after his departure from the AEC, dropped on Hiroshima, Japan, on Aug. 6, 1945, in the closing days of World War II. His re- democratic society. the Department of Energy subjected two copies of Dr. Seaborg’s journals— search was later a critical element in the The situation in Sierra Leone and peacetime operation of nuclear power plants. the influx of refugees to neighboring one of which it had borrowed—to a For 10 years, during the Kennedy, Johnson countries threatens the stability of the number of classification reviews. He and Nixon administrations, he was chairman entire West African region. This is not came unannounced to my Senate office of the U.S. Atomic Energy Commission. It a time for the United States and the in September of 1997 to tell me of the was a period of Cold War tension and mount- problems he was having getting his ing international anxiety over the nuclear international community to turn our arms race. As the president’s primary nu- backs. The people of Sierra Leone have journal released, saying it was some- thing he wished to have resolved prior clear adviser, Dr. Seaborg participated in ne- already suffered too much and will suf- gotiations that led to the Limited Nuclear fer even more if we do not act. Rather, to his death. I introduced a bill to re- Test Ban Treaty of 1963, and he was an ar- this is the time to stand firmly on the turn to Dr. Seaborg his journal in its ticulate and forceful advocate for the peace- side of peace and democracy and the original, unredacted form but to no ful use of atomic energy. betterment of the lives of all Sierra avail, so bureaucracy triumphed. It A former chancellor of the University of was never returned. Now he has left us California at Berkeley, Dr. Seaborg returned Leonians. to the university as a chemistry professor on By passing this legislation, we are without having the satisfaction of re- solving the fate of his journal. It is leaving the AEC chairmanship in 1971. making a strong statement in support It was at the Berkeley laboratories three of the efforts to contain and bring to a devastating that a man who gave so decades earlier that he created from uranium peaceful end this conflict. We have much of his life to his country was so a previously unknown element that he called seen all too many times, in all too outrageously treated by his own gov- plutonium. The amount was infinitesimally many places around the world the price ernment. small, about a millionth of a millionth of an Dr. Seaborg continued to lead a pro- ounce, and it could not be seen with the that is paid if we choose to avert our ductive life until the very end. After naked eye. eyes and allow violence to flourish. We his tenure as chairman of the AEC, Dr. The process by which this was achieved— should not make that mistake. We Seaborg returned to the University of the transmutation of uranium into pluto- nium by bombarding it with neutrons— should not hesitate to raise our voice. California at Berkeley where he was a I encourage all my colleagues to vote would win the 1951 Nobel Prize in chemistry, University Professor—the highest aca- which Dr. Seaborg shared with a Berkeley in favor of this resolution and in favor demic distinction—and later a profes- of human rights and justice in Sierra colleague, Edwin M. McMillan. A form of sor in the university’s graduate school this new element—known as plutonium 239— Leone.∑ of education as a result of his concern was found to undergo fission and to release f about the quality of science education. great energy when bombarded by slow neu- DR. GLENN T. SEABORG He was the director of the Lawrence trons. Berkeley Laboratory and until his That, Dr. Seaborg would say later, gave ∑ Mr. MOYNIHAN. Mr. President, I rise plutonium 239 ‘‘the potential for serving as death its director emeritus. today to salute a pioneering scientist the explosive ingredient for a nuclear bomb.’’ And there were well deserved acco- In 1942, at the age of 30, Dr. Seaborg took and a great American, Dr. Glenn T. lades. In 1991 Dr. Seaborg was awarded Seaborg, who died on February 25 at a leave of absence from the University of the nation’s highest award for sci- California to join the Manhattan Project, the age of 86. Although a chemist by entific achievement, the National the code name for the U.S. World War II ef- training, Dr. Seaborg is best remem- Medal of Science. In 1997 the Inter- fort to develop an atomic bomb. Since Nazi bered for his contributions to nuclear national Union of Pure and Applied Germany was believed to be engaged in a physics. Dr. Seaborg was the co-discov- Chemistry named an element after a similar effort, the project was given the erer of plutonium, and led a research highest wartime priority. living person for the first time. Thus Assigned to a laboratory at the University team which created a total of nine ele- element 106 became Seaborgium (Sg), ments, all of which are heavier than of Chicago, Dr. Seaborg was chief of a Man- and Dr. Seaborg was immortalized as a hattan Project unit that was trying to devise uranium. For this he was awarded the permanent part of the periodic table to a way of isolating large amounts of pluto- Nobel Prize in Chemistry in 1951 which which he had already added so much. nium from uranium. By 1943, they had sepa- he shared with Dr. Edwin M. McMillan. So today I remember Dr. Seaborg for rated enough plutonium to send samples to In 1942, as a member of the Manhat- his contributions to nuclear physics, the Manhattan Project scientists working at tan Project, Dr. Seaborg was assigned and I salute him for his service as the laboratories at Los Alamos, N.M., where to a laboratory at the University of chairman of the Atomic Energy Com- it was needed for some crucial experiments. To arrange for the return of the plutonium Chicago. There he headed a unit that mission. Dr. Seaborg’s family is in my worked to isolate plutonium from ura- to the Chicago laboratory, Dr. Seaborg had prayers at this time of great loss; his to devise a shortcut around the cumbersome nium—the fuel used in the atomic wife of 57 years, Helen, and five of their and top secret wartime security apparatus. bomb dropped on Nagasaki. After the six children: Lynne Annette Seaborg, Lacking clearance to enter the Los Alamos war ended, Dr. Seaborg returned to the Cobb, David Seaborg, Stephen Seaborg, laboratories, he took his wife on a vacation University of California at Berkeley John Eric Seaborg, and Dianne Karole to nearby Santa Fe, where one morning he until 1961, when, at the request of Seaborg. Their son Peter Glenn had breakfast with one of the Los Alamos President John F. Kennedy, he became Seaborg died in May of 1997. physicists. At the restaurant after the meal, chairman of the Atomic Energy Com- Mr. President, I ask that Dr. the physicist handed over the plutonium, mission (AEC). It was a position he which Dr. Seaborg placed in his suitcase and Seaborg’s obituary, which appeared in took back to Chicago on a train. held for ten years, spanning three ad- the Washington Post on Saturday, Feb- By 1945, there had been enough plutonium ministrations. Dr. Seaborg was the ruary 27, 1999, be printed in the produced to build two atomic bombs, includ- first scientist to direct the Commis- RECORD. ing the one dropped on Nagasaki, Japan, March 2, 1999 CONGRESSIONAL RECORD — SENATE S2147 three days after the atomic bombing of Hiro- viser to President Kennedy and U.S. nego- nomination; provided that proxies shall not shima. Shortly thereafter, Japan capitulated tiator Averell Harriman in the talks with be counted in making a quorum. and on Aug. 14, 1945, the war ended. the Soviet Union that led to the Limited 2. For the purpose of taking sworn testi- In 1946, Dr. Seaborg returned to Berkeley Test Ban Treaty. Ratified by the Senate in mony, a quorum of the Committee and each as a full professor, where he continued his September 1963, the treaty banned above- Subcommittee thereof, now or hereafter ap- prewar research on the discovery of new ele- ground nuclear tests and committed the pointed, shall consist of one Senator. ments. He was associate director of the Law- United States and the Soviet Union to seek- III. PROXIES rence Radiation Laboratory and chief of its ing ‘‘discontinuance of all test explosions of When a record vote is taken in the Com- nuclear chemistry research section from 1954 nuclear weapons for all time.’’ For Dr. mittee on any bill, resolution, amendment, to 1958. He became chancellor of the Univer- Seaborg, who had hoped for comprehensive or any other question, a quorum being sity of California at Berkeley in 1958 and prohibition of nuclear tests, the treaty was present, a Member who is unable to attend served in that capacity until his 1961 ap- only a partial victory. the meeting may submit his vote by proxy, pointment as chairman of the AEC. On leaving the AEC in summer 1971, Dr. in writing or by telephone, or through per- Glenn Theodore Seaborg was born in the Seaborg told NBC’s ‘‘Meet the Press’’ that sonal instructions. A proxy must be specific small mining town of Ishpeming, on the the commission’s major achievement under with respect to the matters it addresses. Upper Peninsula of Michigan. At the age of his leadership was ‘‘the development of eco- 10, he moved to a suburb of Los Angeles with nomic nuclear power and the placement of IV. BRINGING A MATTER TO A VOTE his family. He was first in his class and val- that in the domain of private enterprise.’’ In The Chairman shall entertain a non-debat- edictorian in high school, and in September addition to the Limited Nuclear Test Ban able motion to bring a matter before the 1929, he entered the University of California Treaty, he also mentioned the start-up of the Committee to a vote. If there is objection to at Los Angeles. To raise money for his col- International Atomic Energy Agency and bring the matter to a vote without further lege expenses he was a stevedore, an apricot the signing of the Nuclear Nonproliferation debate, a rollcall vote of the Committee picker, a laboratory assistant at a rubber Treaty. shall be taken, and debate shall be termi- company and an apprentice Linotype opera- He observed, somewhat ruefully, that it nated if the motion to bring the matter to a tor for the Los Angeles Herald. He was an as- was the Department of the Defense, not the vote without further debate passes with ten sistant in the UCLA chemistry laboratory AEC, that had full control of the U.S. nu- votes in the affirmative, one of which must and a member of Phi Beta Kappa. clear weapons program. be cast by the minority. On graduating from UCLA, he transferred On rejoining the faculty of the University V. SUBCOMMITTEES to the University of California’s Berkeley of California at Berkeley, following his de- campus where he had a teaching parture from the AEC, Dr. Seaborg held the 1. Any Member of the Committee may sit assistantship and a fellowship to study nu- rank of university professor—the highest with any Subcommittee during its hearings clear chemistry under the noted chemist, academic distinction. In 1983, concerned with or any other meeting, but shall not have the Gilbert N. Lewis. He received a doctorate in the quality of science education, he became authority to vote on any matter before the chemistry at Berkeley in 1937, then became a a professor in the university’s graduate Subcommittee unless he is a Member of such research associate under Lewis and later an school of education. Subcommittee. instructor in chemistry. He was a former president of the American 2. Subcommittees shall be considered de He was a popular classroom teacher, but it Association for the Advancement of Science, novo whenever there is a change in the Sub- was in the laboratory that Dr. Seaborg made and a recipient of the Enrico Fermi Award of committee chairmanship and seniority on his mark in the scientific community. There the AEC and the Priestly Medal of the Amer- the particular Subcommittee shall not nec- his co-worker, McMillan, he demonstrated ican Chemical Society. In 1991, he received essarily apply. that by bombarding uranium with neutrons, the National Medal of Science, the nation’s 3. Except for matters retained at the full a new element—heavier than uranium—could highest award for scientific achievement. Committee, matters shall be referred to the be identified and produced. He called it nep- In 1942, Dr. Seaborg married Helen L. appropriate Subcommittee or Subcommit- tunium after Neptune, the planet beyond Griggs, with whom he had four sons and two tees by the chairman, except as agreed by a Uranus in the solar system. daughters. When his children were young, majority vote of the Committee or by the Building on this demonstration, Dr. the Nobel Prize-winning scientist was an en- agreement of the Chairman and the Ranking Seaborg directed a team that employed a thusiastic participant in family baseball, Minority Member. similar process to isolate the next of what volleyball and basketball games and in VI. ATTENDANCE RULES came to be known as the transurnium ele- swimming contests. 1. Official attendance at all Committee ments—those with nuclei heavier than ura- One of his sons, Peter Glenn Seaborg, died markups and executive sessions of the Com- nium, which had been the heaviest of the in May of 1997.∑ mittee shall be kept by the Committee known elements. This next new element was f Clerk. Official attendance at all Subcommit- named plutonium, after Pluto, the planet be- tee markups and executive sessions shall be yond Neptune in the solar system. RULES OF THE COMMITTEE ON kept by the Subcommittee Clerk. This would become the critical element in THE JUDICIARY 2. Official attendance at all hearings shall the development of atomic war weapons. be kept, provided that Senators are notified After World War II, Dr. Seaborg continued ∑ Mr. HATCH. Mr. President, in ac- cordance with rule XXVI, section 2, of by the Committee Chairman and ranking his work on transuranium elements in the Member, in the case of Committee hearings, Berkeley laboratories, discovering sub- the Standing Rules of the Senate, I and by the Subcommittee Chairman and stances later called berkelium, californium, hereby submit for publication in the ranking Member, in the case of Subcommit- einsteinium, fermium, mendelevium, nobel- CONGRESSIONAL RECORD, the Rules of tee hearings, 48 hours in advance of the hear- ium and ‘‘seaborgium,’’ which was officially the Committee on the Judiciary. ing that attendance will be taken; otherwise, accepted as the name for element 106 in Au- The Rules follow: no attendance will be taken. Attendance at gust 1997. all hearings is encouraged.∑ In his presentation speech on the awarding COMMITTEE ON THE JUDICIARY of the 1951 Nobel Prize, A.F. Westgren of the I. MEETINGS OF THE COMMITTEE f Royal Swedish Academy said Dr. Seaborg 1. Meetings may be called by the Chairman had ‘‘written one of the most brilliant pages as he may deem necessary on three days no- RULES OF THE COMMITTEE ON in the history of discovery of chemical ele- tice or in the alternative with the consent of HEALTH, EDUCATION, LABOR, ments.’’ the Ranking Minority Member or pursuant AND PENSIONS As a member of the General Advisory Com- to the provision of the Standing Rules of the mittee of the AEC, Dr. Seaborg endorsed—re- Senate, as amended. ∑ Mr. JEFFORDS. Mr. President, Sen- luctantly—the postwar crash program that 2. Each witness who is to appear before the ate Standing Rule XXVI requires each developed the hydrogen bomb. Committee or any Subcommittee shall file committee to adopt rules to govern the ‘‘Although I deplore the prospect of our with the Committee, at least 48 hours in ad- procedures of the Committee and to country’s putting a tremendous effort into vance of the hearing, a written statement of publish those rules in the CONGRES- the H-bomb, I must confess that I have been his testimony in as many copies as the unable to come to the conclusion that we SIONAL RECORD of the first year of each Chairman of the Committee or Subcommit- Congress. On January 20, 1999, the com- should not,’’ he said. tee prescribes. On his appointment as chancellor of the 3. On the request of any Member, a nomi- mittee on Health, Education, Labor, University of California at Berkeley in 1958, nation or bill on the agenda of the Commit- and Pensions held a business meeting Dr. Seaborg gave up his research work. For tee will be held over until the next meeting during which the members of the Com- the next three years, he supervised what of the Committee or for one week, whichever mittee unanimously adopted rules to Newsweek magazine called ‘‘possibly the occurs later. best faculty in the United States.’’ govern the procedures of the Commit- His 1961 appointment as AEC chairman II. QUORUMS tee. Consistent with Standing Rule made him the first scientist to direct the 1. Ten Members shall constitute a quorum XXVI, today I am submitting for print- commission, and he was an insider and ad- of the Committee when reporting a bill or ing in the CONGRESSIONAL RECORD a S2148 CONGRESSIONAL RECORD — SENATE March 2, 1999 copy of the Rules of the Senate Com- adequate to fully record the proceedings of posed text of committee reports prior to mittee on Health, Education, Labor, each committee or subcommittee meeting or their filing or publication. In the event there and Pensions.1 conference whether or not such meetings or are supplemental, minority, or additional The rules follow: any part thereof is closed pursuant to the view, and appropriate opportunity shall be specific provisions of subsections (b) and (d) given the majority to examine the proposed RULES OF THE COMMITTEE ON HEALTH, of rule 26.5 of the Standing Rules of the Sen- text prior to filing or publication. EDUCATION, LABOR, AND PENSIONS ate, unless a majority of said members vote Rule 17.—(a) The committee, or any sub- (As adopted in executive session January 20, to forgo such a record. Such records shall committee, may issue subpoenas, or hold 1999) contain the vote cast by each member of the hearings to take sworn testimony or hear Rule 1.—Subject to the provisions of rule committee or subcommittee on any question subpoenaed witnesses, only if such investiga- XXVI, paragraph 5, of the Standing Rules of on which a ‘‘yea and nay’’ vote is demanded, tive activity has been authorized by major- the Senate, regular meetings of the commit- and shall be available for inspection by any ity vote of the committee. tee shall be held on the second and fourth committee member. The clerk of the com- (b) For the purpose of holding a hearing to Wednesday of each month, at 10:00 a.m., in mittee, or the clerk’s designee, shall have take sworn testimony or hear subpoenaed room SD–430, Dirksen Senate Office Build- the responsibility to make appropriate ar- witnesses, three members of the committee ing. The chairman may, upon proper notice, rangements to implement this rule. or subcommittee shall constitute a quorum: call such additional meetings as he may Rule 8.—The committee and each sub- provided, with the concurrence of the chair- deem necessary. committee shall undertake, consistent with man and ranking minority member of the Rule 2.—The chairman of the committee or the provisions of rule XXVI, paragraph 4, of committee or subcommittee, a single mem- of a subcommittee, or if the chairman is not the Standing rules of the Senate, to issue ber may hear subpoenaed witnesses or take present, the ranking majority member public announcement of any hearing it in- sworn testimony. (c) the committee may, by a majority vote, present, shall preside at all meetings. tends to hold at least one week prior to the Rule 3.—Meetings of the committee or a commencement of such hearing. delegate the authority to issue subpoenas to subcommittee, including meetings to con- Rule 9.—The committee or a subcommittee the chairman of the committee or a sub- duct hearings, shall be open to the public ex- shall, so far as practicable, require all wit- committee, or to any member designated by such chairman. Prior to the issuance of each cept as otherwise specifically provided in nesses heard before it to file written state- subpoena, the ranking minority member of subsections (b) and (d) of rule 26.5 of the ments of their proposed testimony at least 24 the committee or subcommittee, and any Standing Rules of the Senate. hours before a hearing, unless the chairman Rule 4.—(a) Subject to paragraph (b), one- and the ranking minority member determine other member so requesting, shall be notified third of the membership of the committee, that there is good cause for failure to so file, regarding the identity of the person to whom it will be issued and the nature of the infor- actually present, shall constitute a quorum and to limit their oral presentation to brief mation sought and its relationship to the au- for the purpose of transacting business. Any summaries of their arguments. The presiding thorized investigative activity, except where quorum of the committee which is composed officer at any hearing is authorized to limit the chairman of the committee or sub- of less than a majority of the members of the the time of each witness appearing before committee, in consultation with the ranking committee shall include at least one member the committee or a subcommittee. The com- minority member, determines that such no- of the majority and one member of the mi- mittee or a subcommittee shall, as far as tice would unduly impede the investigation. nority. practicable, utilize testimony previously All information obtained pursuant to such (b) A majority of the members of the sub- taken on bills and measures similar to those investigative activity shall be made avail- committee, actually present, shall con- before it for consideration. Rule 10.—Should a subcommittee fail to re- able as promptly as possible to each member stitute a quorum for the purpose of port back to the full committee on any of the committee requesting same, or to any transacting business: provided, no measure measure within a reasonable time, the chair- assistant to a member of the committee, des- or matter shall be ordered reported unless man may withdraw the measure from such ignated by such member in writing, but the such majority shall include at least one subcommittee and report that fact to the use of any such information is subject to re- member of the minority who is a member of full committee for further disposition. strictions imposed by the rules of the Sen- the subcommittee. If, at any subcommittee Rule 11.—No subcommittee may schedule a ate. Such information, to the extent that it meeting, a measure or matter cannot be or- meeting or hearing at a time designated for is relevant to the investigation shall, if re- dered reported because of the absence of such a hearing or meeting of the full committee. quested by a member, be summarized in a minority member, the measure or matter No more than one subcommittee executive writing as soon as practicable. Upon the re- shall lay over for a day. If the presence of a meeting may be held at the same time. quest of any member, the chairman of the member of the minority is not then ob- Rule 12.—It shall be the duty of the chair- committee or subcommittee shall call an ex- tained, a majority of the members of the man in accordance with section 133(c) of the ecutive session to discuss such investigative subcommittee, actually present, may order Legislative Reorganization Act of 1946, as activity or the issuance of any subpoena in such measure or matter reported. amended, to report or cause to be reported to connection therewith. (c) No measure or matter shall be ordered the Senate, any measure or recommendation (d) Any witness summoned to testify at a reported from the committee or a sub- approved by the committee and to take or hearing, or any witness giving sworn testi- committee unless a majority of the commit- cause to be taken, necessary steps to bring mony, may be accompanied by counsel of his tee or subcommittee is actually present at the matter to a vote in the Senate. own choosing who shall be permitted, while the time such action is taken. Rule 13.—Whenever a meeting of the com- the witness is testifying, to advise him of his Rule 5.—With the approval of the chairman mittee or subcommittee is closed pursuant legal rights. of the committee or subcommittee, one to the provisions of subsection (b) or (d) of (e) No confidential testimony taken or con- member thereof may conduct public hearings rule 26.5 of the Standing Rules of the Senate, fidential material presented in an executive other than taking sworn testimony. no person other than members of the com- hearing, or any report of the proceedings of Rule 6.—Proxy voting shall be allowed on mittee, members of the staff of the commit- such an executive hearing, shall be made all measures and matters before the commit- tee, and designated assistants to members of public, either in whole or in part or by way tee or a subcommittee if the absent member the committee shall be permitted to attend of summary, unless authorized by a majority has been informed of the mater on which he such closed session, except by special dis- of the members of the committee or sub- is being recorded and has affirmatively re- pensation of the committee or subcommittee committee. quested that he be so recorded. While proxies or the chairman thereof. Rule 18.—Presidential nominees shall sub- may be voted on a motion to report a meas- Rule 14.—The chairman of the committee mit a statement of their background and fi- ure or matter from the committee, such a or a subcommittee shall be empowered to ad- nancial interests, including the financial in- motion shall also require the concurrence of journ any meeting of the committee or a terests of their spouse and children living in a majority of the members who are actually subcommittee if a quorum is not present their household, on a form approved by the present at the time such action is taken. within fifteen minutes of the time schedule committee which shall be sworn to as to its The committee may poll any matters of for such meeting. completeness and accuracy. The committee committee business as a matter of unani- Rule 15.—Whenever a bill or joint resolu- form shall be in two parts— mous consent; provided that every member tion repealing or amending any statute or (I) information relating to employment, is polled and every poll consists of the fol- part thereof shall be before the committee or education and background of the nominee re- lowing two questions: a subcommittee for final consideration, the lating to the position to which the individual (1) Do you agree or disagree to poll the pro- clerk shall place before each member of the is nominated, and which is to be made pub- posal; and committee or subcommittee a print of the lic; and, (2) Do you favor or oppose the proposal. statute or the part or section thereof to be (II) information relating to financial and Rule 7.—There shall be prepared and kept a amended or replaced showing by stricken- other background of the nominee, to be made complete transcript or electronic recording through type, the part or parts to be omitted public when the committee determines that and in italics, the matter proposed to be such information bears directly on the nomi- 1 Pursuant to S. Res. 20, Committee on Labor and added, if a member makes a timely request nee’s qualifications to hold the position to Human Resources name was changed to Committee for such print. which the individual is nominated. on Health, Education, Labor, and Pensions on Janu- Rule 16.—An appropriate opportunity shall Information relating to background and fi- ary 19, 1999. be given the minority to examine the pro- nancial interests (parts I and II) shall not be March 2, 1999 CONGRESSIONAL RECORD — SENATE S2149 required of (a) candidates for appointment RULE XXVI close any information relating to the inves- and promotion in the Public Health Service COMMITTEE PROCEDURE tigation or prosecution of a criminal offense Corps; and (b) nominees for less than full- 1. Each standing committee, including any that is required to be kept secret in the in- time appointments to councils, commissions subcommittee of any such committee, is au- terests of effective law enforcement; or boards when the committee determines thorized to hold such hearings, to sit and act (5) will disclose information relating to the that some or all of the information is not at such times and places during the sessions, trade secrets of financial or commercial in- relevant to the nature of the position. Infor- recesses, and adjourned periods of the Sen- formation pertaining specifically to a given mation relating to other background and fi- ate, to require by subpoena or otherwise the person if— nancial interests (part II) shall not be re- attendance of such witnesses and the produc- (A) an Act of Congress requires the infor- quired of any nominee when the committee tion of such correspondence, books, papers, mation to be kept confidential by Govern- determines that it is not relevant to the na- and documents, to take such testimony and ment officers and employees; or ture of the position. to make such expenditures out of the contin- (B) the information has been obtained by Committee action on a nomination, includ- gent fund of the Senate as may be authorized the Government on a confidential basis, ing hearings or meetings to consider a mo- by resolutions of the Senate. Each such com- other than through an application by such tion to recommend confirmation, shall not mittee may make investigations into any person for a specific Government financial or be initiated until at least five days after the matter within its jurisdiction, may report other benefit, and is required to be kept se- nominee submits the form required by this such hearings as may be had by it, and may cret in order to prevent undue injury to the rule unless the chairman, with the concur- employ stenographic assistance at a cost not competitive position of such person; or rence of the ranking minority member, exceeding the amount prescribed by the (6) may divulge matters required to be waives this waiting period. Committee on Rules and Administration.3 kept confidential under other provisions of Rule 19.—Subject to statutory require- law or Government regulations. ments imposed on the committee with re- The expenses of the committee shall be paid (c) Whenever any hearing conducted by spect to procedure, the rules of the commit- from the contingent fund of the Senate upon any such committee or subcommittee is tee may be changed, modified, amended or vouchers approved by the chairman. open to the public, that hearing may be suspended at any time; provided, not less * * * * * broadcast by radio or television, or both, than a majority of the entire membership so 5. (a) Notwithstanding any other provision under such rules as the committee or sub- determine at a regular meeting with due no- of the rules, when the Senate is in session, committee may adopt. tice, or at a meeting specifically called for no committee of the Senate or any sub- (d) Whenever disorder arises during a com- that purpose. committee thereof may meet, without spe- mittee meeting that is open to the public, or Rule 20.—In addition to the foregoing, the cial leave, after the conclusion of the first any demonstration of approval or dis- proceedings of the committee shall be gov- two hours after the meeting of the Senate approval is indulged in by any person in at- erned by the Standing Rules of the Senate commenced and in no case after two o’clock tendance of any such meeting, it shall be the and the provisions of the Legislative Reorga- postmeridian unless consent therefor has duty of the Chair to enforce order on his own nization Act of 1946, as amended. been obtained from the majority leader and initiative and without any point of order the minority leader (or in the event of the being made by a Senator. When the Chair [Excerpts from the Standing Rules of the absence of either of such leaders, from his finds it necessary to maintain order, he shall Senate] designee). The prohibition contained in the have the power to clear the room, and the RULE XXV preceding sentence shall not apply to the committee may act in closed session for so Committee on Appropriations or the Com- STANDING COMMITTEES long as there is doubt of the assurance of mittee on the Budget. The majority leader or 1. The following standing committees shall order. his designee shall announce to the Senate be appointed at the commencement of each (e) Each committee shall prepare and keep Congress, and shall continue and have the whenever consent has been given under this subparagraph and shall state the time and a complete transcript or electronic recording power to act until their successors are ap- adequate to fully record the proceeding of pointed, with leave to report by bill or other- place of such meeting. The right to make such announcement of consent shall have the each meeting or conference whether or not wise on matters within their respective ju- such meeting or any part thereof is closed risdictions: same priority as the filing of a cloture mo- tion. under this paragraph, unless a majority of * * * * * (b) Each meeting of a committee, or any its members vote to forgo such a record (m)(1) Committee on Health, Education subcommittee thereof, including meetings to * * * * * Labor, and Pensions, to which committee conduct hearings, shall be open to the public, shall be referred all proposed legislation, except that a meeting or series of meetings messages, petitions, memorials, and other by a committee or a subcommittee thereof GUIDELINES OF THE SENATE COMMITTEE ON matters relating to the following subjects: on the same subject for a period of no more HEALTH, EDUCATION, LABOR, AND PENSIONS 1. Measures relating to education, labor, than fourteen calendar days may be closed to WITH RESPECT TO HEARINGS, MARKUP SES- health, and public welfare. the public on a motion made and seconded to SIONS, AND RELATED MATTERS 2. Aging. go into closed session to discuss only wheth- HEARINGS 3. Agricultural colleges. er the matters enumerated in clauses (1) 4. Arts and humanities. Section 133A(a) of the Legislative Reorga- through (6) would require the meeting to be 5. Biomedical research and development. nization Act requires each committee of the 6. Child labor. closed, followed immediately by a record Senate to publicly announce the date, place, 7. Convict labor and the entry of goods vote in open session by a majority of the and subject matter of any hearing at least made by convicts into interstate commerce. members of the committee or subcommittee one week prior to the commencement of such Domestic activities of the American Na- when it is determined that the matters to be hearing. tional Red Cross. discussed or the testimony to be taken at The spirit of this requirement is to assure 9. Equal employment opportunity. such meeting or meetings— adequate notice to the public and other 10. Gallaudet College, Howard University, (1) will disclose matters necessary to be Members of the Senate as to the time and and Saint Elizabeths Hospital. kept secret in the interests of national de- subject matter of proposed hearings. In the Individuals with disabilities 2 fense or the confidential conduct of the for- spirit of section 133A(a) and in order to as- 12. Labor standards and labor statistics. eign relations of the United States; sure that members of the committee are 13. Mediation and arbitration of labor dis- (2) will relate solely to matters of commit- themselves fully informed and involved in putes. tee staff personnel or internal staff manage- the development of hearings: 14. Occupational safety and health, includ- ment or procedure; 1. Public notice of the date, place, and sub- ing the welfare of miners. (3) will tend to charge an individual with ject matter of each committee or sub- 15. Private pension plans. crime or misconduct, to disgrace or injure committee hearing should be inserted in the 16. Public health. the professional standing of an individual, or 17. Railway labor and retirement. Congressional Record seven days prior to the otherwise to expose an individual to public commencement of such hearing. 18. Regulation of foreign laborers. contempt or obloquy or will represent a 2. Seven days prior to public notice of each 19. Student loans. clearly unwarranted invasion of the privacy committee or subcommittee hearing, the 20. Wages and hours of labor. of an individual; committee or subcommittee should provide (2) Such committee shall also study and re- (4) will disclose the identity of any in- written notice to each member of the com- view, on a comprehensive basis, matters re- former or law enforcement agent or will dis- lating to health, education and training, and mittee of the time, place, and specific sub- public welfare, and report thereon from time ject matter of such hearing, accompanied by to time. 3 Pursuant to section 68c of title 2, United States a list of those witnesses who have been or Code, the Committee on Rules and Administration are proposed to be invited to appear. issues Regulations Governing Rates Payable to 2 Effective Jan. 21, 1999, pursuant to the Commit- Commercial Reporting Forms for Reporting Com- 3. The committee and its subcommittee tee Reorganization Amendments of 1999 (S. Res. 28), mittee Hearings in the Senate.’’ Copies of the regu- should, to the maximum feasible extent, en- is amended by striking ‘‘Handicapped individuals’’, lations currently in effect may be obtained from the force the provisions of rule 9 of the commit- and inserting ‘‘Individuals with disabilities.’’ Committee. tee rules as it relates to the submission of S2150 CONGRESSIONAL RECORD — SENATE March 2, 1999 written statements of witnesses twenty-four RULES OF THE SPECIAL such other action to control it as the cir- hours in advance of a hearing. When state- COMMITTEE ON AGING cumstances may warrant. ments are received in advance of a hearing, (b) Request. A witness may request of the the committee or subcommittee (as appro- ∑ Mr. GRASSLEY. Mr. President, in Chairman, on grounds of distraction, harass- priate) should distribute copies of such state- accordance with Rule XXVI, paragraph ment, personal safety, or physical discom- ments to each of its members. 2, of the Standing Rules of the Senate, fort, that during his testimony cameras, I hereby submit for publication in the media microphones, and lights shall not be EXECUTIVE SESSIONS FOR THE PURPOSE OF ONGRESSIONAL ECORD directed at him. MARKING UP BILLS C R , the Rules of the Special Committee on Aging. III. QUORUMS AND VOTING In order to expedite the process of marking The rules follow: 1. Reporting. A majority shall constitute a up bills and to assist each member of the RULES OF THE SPECIAL COMMITTEE ON AGING quorum for reporting a resolution, rec- committee so that there may be full and fair (Rules of Procedure) ommendation or report to the Senate. consideration of each bill which the commit- 2. Committee Business. A third shall con- tee or a subcommittee is marking up the fol- I. CONVENING OF MEETINGS AND HEARINGS stitute a quorum of the conduct of Commit- lowing procedures should be followed: 1. Meetings. The Committee shall meet to tee business, other than a final vote on re- 1. Seven days prior to the proposed date for conduct Committee business at the call of porting, providing a minority Member is an executive session for the purpose of mark- the Chairman. present. One Member shall constitute a ing up bills the committee or subcommittee 2. Special Meetings. The Members of the quorum for the receipt of evidence, the (as appropriate) should provide written no- Committee may call additional meetings as swearing of witnesses, and the taking of tes- tice to each of its members as to the time, provided in Senate Rule XXVI (3). timony at hearings. place, and specific subject matter of such (3) Notice and Agenda: (a) Hearings. The 3. Polling: (a) Subjects. The Committee session, including an agenda listing each bill Committee shall make public announcement may poll (1) internal Committee matters in- or other matters to be considered and includ- of the date, place, and subject matter of any cluding those concerning the Committee’s ing: hearing at least one week before its com- staff, records, and budget; (2) other Commit- mencement. tee business which has been designated for (a) two copies of each bill, joint resolution, (b) Meetings. The Chairman shall give the or other legislative matter (or committee polling at a meeting. members written notice of any Committee (b) Procedure. The Chairman shall cir- print thereof) to be considered at such execu- meeting, accompanied by an agenda enumer- culate polling sheets to each Member speci- tive session; and ating the items of business to be considered, fying the matter being polled and the time (b) two copies of a summary of the provi- at least 5 days in advance of such meeting. limit for completion of the poll. If any Mem- sions of each bill, joint resolution, or other (c) Shortened Notice. A hearing or meeting ber so requests in advance of the meeting, legislative matter to be considered at such may be called on not less than 24 hours no- the matter shall be held for meeting rather executive session; and tice if the Chairman, with the concurrence of than being polled. The clerk shall keep a the Ranking Minority Member, determines 2. Three days prior to the scheduled date record of polls, if the Chairman determines that there is good cause to begin the hearing for an executive session for the purpose of that the polled matter is one of the areas or meeting on shortened notice. An agenda marking up bills, the committee or sub- enumerated in Rule II.3, the record of the will be furnished prior to such a meeting. committee (as appropriate) should deliver to poll shall be confidential. Any Member may 4. Presiding Officer. The Chairman shall each of its members two copies of a cordon move at the Committee meeting following a preside when present. If the Chairman is not print or an equivalent explanation of poll for a vote on the polled decision. present at any meeting or hearing, the changes of existing law proposed to be made Ranking majority Member present shall pre- IV. INVESTIGATIONS by each bill, joint resolution, or other legis- side. Any Member of the Committee may 1. Authorization for Investigations. All in- lative matter to be considered at such execu- preside over the conduct of a hearing. vestigations shall be conducted on a biparti- tive session. II. CLOSED SESSIONS AND CONFIDENTIAL san basis by Committee staff. Investigations 3. Insofar as practical, prior to the sched- MATERIALS may be initiated by the Committee staff uled date for an executive session for the upon the approval of the Chairman of the purpose of marking up bills, each member of 1. Procedure. All meetings and hearing Ranking Minority Member. Staff shall keep the committee or a subcommittee (as appro- shall be open to the public unless closed. To the Committee fully informed of the priate) should provide to all other such mem- close a meeting or hearing or portion there- progress of continuing investigations, except bers two written copies of any amendment or of, a motion shall be made and seconded to where the Chairman and the Ranking Minor- a description of any amendment which that go into closed discussion on whether the ity Member agree that there exists tem- member proposes to offer to each bill, joint meeting or hearing will concern the matters porary cause for more limited knowledge resolution, or other legislative matter to be enumerated in Rule II.3. Immediately after 2. Subpoenas. Subpoenas for the attend- considered at such executive session. such discussion, the meeting or hearing may ance of witnesses or the production of memo- be closed by a vote in open session of a ma- randa, documents, records, or any other ma- 4. Insofar as practical, prior to the sched- jority of the Members of the Committee uled date for an executive session for the terials shall be issued by the Chairman, or present. by any other Member of the Committee des- purpose of marking up bills, the committee 2. Witness Request. Any witness called for ignated by him. Prior to the issuance of each or a subcommittee (as appropriate) should a hearing may submit a written request to subpoena, the Ranking Minority Member, provide each member with a copy of the the Chairman no later than twenty-four and any Member so requesting, shall be noti- printed record or a summary of any hearings hours in advance for his examination to be in fied regarding the identity of the person to conducted by the committee or a sub- closed or open session. The Chairman shall whom the subpoena will be issued and the committee with respect to each bill, joint inform the Committee of any such request. nature of the information sought and its re- resolution, or other legislative matter to be 3. Closed Session Subjects. A meeting or lationship to the investigation. considered at such executive session. hearing or portion thereof may be closed if 3. Investigative Reports. All reports con- the matters to be discussed concern: (1) na- COMMITTEE REPORTS, PUBLICATIONS, AND taining findings or recommendations stem- tional security; (2) Committee staff person- RELATED DOCUMENTS ming from Committee investigations shall nel or internal staff management or proce- be printed only with the approval of a major- Rule 16 of the committee rules requires dure; (3) matters tending to reflect adversely ity of the Members of the Committee. that the minority be given an opportunity to on the character or reputation or to invade examine the proposed text of committee re- the privacy of the individuals; (4) Committee V. HEARINGS ports prior to their filing and that the ma- investigations; (5) other matters enumerated 1. Notice. Witnesses called before the Com- jority be given an opportunity to examine in Senate Rule XXVI (5)(b). mittee shall be given, absent extraordinary the proposed text of supplemental, minority, 4. Confidential Matter. No record made of a circumstances, at least forty-eight hours no- or additional views prior to their filing. The closed session, or material declared confiden- tice, and all witnesses called shall be fur- views of all members of the committee tial by a majority of the Committee, or re- nished with a copy of these rules upon re- should be taken fully and fairly into account port of the proceedings of a closed session, quest. with respect to all official documents filed or shall be made public, in whole or in part or 2. Oath. All witnesses who testify to mat- published by the committee. Thus, consist- by way of summary, unless specifically au- ters of fact shall be sworn unless the Com- ent with the spirit of rule 16, the proposed thorized by the Chairman and Ranking Mi- mittee waives the oath. The Chairman, or text of each committee report, hearing nority Member. any member, may request and administer record, and other related committee docu- 5. Broadcasting: (1) Control. Any meeting the oath. ment or publication should be provided to or hearing open to the public may be covered 3. Statement. Witnesses are required to the chairman and ranking minority member by television, radio, or still photography. make an introductory statement and shall of the committee and the chairman and Such coverage must be conducted in an or- file 150 copies of such statement with the ranking minority member of the appropriate derly and unobtrusive manner, and the Chairman or clerk of the Committee at least subcommittee at least forty-eight hours Chairman may for good cause terminate 72 hours in advance of their appearance, un- prior to its filing or publication.∑ such coverage in whole or in part, or take less the Chairman and Ranking Minority March 2, 1999 CONGRESSIONAL RECORD — SENATE S2151

Member determine that there is good cause VI. DEPOSITIONS AND COMMISSIONS quorum for all business shall be one-third of for a witness’s failure to do so. A witness 1. Notices. Notices for the taking of deposi- the subcommittee Membership, and for hear- shall be allowed no more than ten minutes to tions in an investigation authorized by the ings shall be one Member. orally summarize their prepared statement. Committee shall be authorized and issued by VIII. REPORTS 4. Counsel: (a) A witness’s counsel shall be the Chairman or by a staff officer designated Committee reports incorporating Commit- permitted to be present during his testimony by him. Such notices shall specify a time and at any public or closed hearing or deposi- tee findings and recommendations shall be place for examination, and the name of the printed only with the prior approval of the tions or staff interview to advise such wit- staff officer or officers who will take the dep- ness of his rights, provided, however, that in Committee, after an adequate period for re- osition. Unless otherwise specified, the depo- view and comment. The printing, as Commit- the case of any witness who is an officer or sition shall be in private. The Committee employee of the government, or of a corpora- tee documents, of materials prepared by shall not initiate procedures leading to staff for informational purposes, or the tion or association, the Chairman may rule criminal or civil enforcement proceedings for that representation by counsel from the gov- printing of materials not originating with a witness’s failure to appear unless the depo- the Committee or staff, shall require prior ernment, corporation, or association creates sition notice was accompanied by a Commit- a conflict of interest, and that the witness consultation with the minority staff; these tee subpoena. publications shall have the following lan- shall be represented by personal counsel not 2. Counsel. Witness may be accompanied at guage printed on the cover of the document: from the government, corporation, or asso- a deposition by counsel to advise them of ‘‘Note: This document has been printed for ciation. their rights, subject to the provisions of Rule informational purposes. It does not represent (b) A witness is unable for economic rea- V.4. sons to obtain counsel may inform the Com- 3. Procedure. Witnesses shall be examined either findings or recommendations formally mittee at least 48 hours prior to the upon oath administered by an individual au- adopted by the Committee.’’ witness’s appearance, and it will endeavor to thorized by local law to administer oaths. IX. AMENDMENT OF RULES obtain volunteer counsel for the witness. Questions shall be propounded orally by The rules of the Committee may be amend- Such counsel shall be subject solely to the Committee staff. Objections by the witnesses ed or revised at any time, provided that not control of the witness and not the Commit- as to the form of questions shall be noted for less than a majority of the Committee tee Failure to obtain counsel will not excuse the record. If a witness objects to a question present so determine at a Committee meet- the witness from appearing and testifying. and refuses to testify on the basis of rel- ing preceded by at least 3 days notice of the 5. Transcript. An accurate electronic or evance or privilege, the Committee staff may amendments or revisions proposed.∑ stenographic record shall be kept of the tes- proceed with the deposition, or may at that f timony of all witnesses in executive and pub- time or at a subsequent time, seek a ruling lic hearings. Any witness shall be afforded, by telephone or otherwise on the objection RULES OF THE COMMITTEE ON upon request, the right to review that por- from a Member of the Committee. If the VETERANS’ AFFAIRS tion of such record, and for this purpose, a Member overrules the objection, he may copy of a witness’s testimony in public or refer the matter to the Committee or he may ∑ Mr. SPECTER. Mr. President, pursu- closed session shall be provided to the wit- order and direct the witness to answer the ant to paragraph 2 of Rule XXVI, ness. Upon inspecting his transcript, within question, but the Committee shall not initi- Standing Rules of the Senate, I submit a time limit set by the committee clerk, a ate the procedures leading to civil or crimi- for printing in the CONGRESSIONAL witness may request changes in testimony to nal enforcement unless the witness refuses RECORD the Rules of the Committee on correct errors of transcription, grammatical to testify after he has been ordered and di- Veterans’ Affairs for the 106th Con- errors, and obvious errors of fact, the Chair- rected to answer by a Member of the Com- man or a staff officer designated by him mittee. gress, as adopted by the Committee on shall rule on such request. 4. Filing. The Committee staff shall see March 1, 1999. 6. Impugned Persons. Any person who be- that the testimony is transcribed or elec- The rules follow: lieves that evidence presented, or comment tronically recorded. If it is transcribed, the COMMITTEE ON VETERANS’ AFFAIRS RULES OF made by a Member or staff, at a public hear- witness shall be furnished with a copy for re- PROCEDURE ing or at a closed hearing concerning which view. No later than five days thereafter, the I. MEETINGS there have been public reports, tends to im- witness shall return a signed copy, and the pugn his character or adversely affect his staff shall enter the changes, if any, re- (a) Unless otherwise ordered, the Commit- reputation may: (a) file a sworn statement of quested by the witness in accordance with tee shall meet on the first Wednesday of each facts relevant to the evidence or comment, Rule V.6. If the witness fails to return a month. The Chairman may, upon proper no- which shall be placed in the hearing record; signed copy, the staff shall note on the tran- tice, call such additional meetings as he (b) request the opportunity to appear per- script the date a copy was provided and the deems necessary. sonally before the Committee to testify in failutre to return it. The individual admin- (b) Except as provided in subparagraphs (b) his own behalf; and istering the oath shall certify on the tran- and (d) of paragraph 5 of rule XXVI of the (c) submit questions in writing which he script that the witness was duly sworn in his Standing Rules of the Senate, meetings of requests be used for the cross-examination of presence, the transcriber shall certify that the Committee shall be open to the public. other-witnesses called by the Committee. the transcript is a true record to the testi- The Committee shall prepare and keep a The Chairman shall inform the Committee of mony, and the transcript shall then be filed complete transcript or electronic recording such requests for appearance or cross-exam- with the Committee Clerk. Committee staff adequate to fully record the proceedings of ination. If the Committee so decides; the re- may stipulate with the witness to changes in each meeting whether or not such meeting quested questions, or paraphrased versions this procedure; deviations from the proce- or any part thereof is closed to the public. or portions of them, shall be put to the other dure which do not substantially impair the (c) The Chairman of the Committee or the witness by a Member of by staff. reliability of the record shall not relieve the Ranking Majority Member present in the ab- 7. Minority Witnesses. Whenever any hear- witness from his obligation to testify truth- sence of the Chairman, or such other Mem- ing is conducted by the Committee, the mi- fully. ber as the Chairman may designate, shall nority on the Committee shall be entitled, 5. Commissions. The Committee may au- preside at all meetings. upon request made by a majority of the mi- thorize the staff, by issuance of commis- (d) No meeting of the Committee shall be nority Members to the Chairman, to call wit- sions, to fill in prepared subpoenas, conduct scheduled except by majority vote of the nesses selected by the minority to testify or field hearings, inspect locations, facilities, Committee or by authorization of the Chair- produce documents with respect to the meas- or systems of records, or otherwise act on be- man of the Committee. ure or matter under consideration during at half of the Committee. Commissions shall be (e) The Committee shall notify the office least one day of the hearing. Such request accompanied by instructions from the Com- designated by the Committee on Rules and must be made before the completion of the mittee regulating their use. Administration of the time, place, and pur- hearing or, if subpoenas are required to call VII. SUBCOMMITTEES pose of each meeting. In the event such the minority witnesses, no later than three 1. Establishment. The Committee will op- meeting is canceled, the Committee shall days before the completion of the hearing. erate as a Committee of the Whole, reserving immediately notify such designated office. 8. Conduct of Witnesses, Counsel and Mem- to itself the right to establish temporary (f) Written notice of a Committee meeting, bers of the Audience. If, during public or ex- subcommittees at any time by majority accompanied by an agenda enumerating the ecutive sessions, a witness, his counsel, or vote. The Chairman of the full Committee items of business to be considered, shall be any spectator conducts himself in such a and the Ranking Minority Member shall be sent to all Committee members at least 72 manner as to prevent, impede, disrupt, ob- ex officio Members of all subcommittees. hours (not counting Saturdays, Sundays, and struct, or interfere with the orderly adminis- 2. Jurisdiction. Within its jurisdiction as Federal holidays) in advance of each meet- tration of such hearing the Chairman or pre- described in the Staffing Rules of the Senate, ing. In the event that the giving of such 72- siding Member of the Committee present each subcommittee is authorized to conduct hour notice is prevented by unforeseen re- during such hearing may request the Ser- investigations, including use of subpoenas, quirements or Committee business, the Com- geant at Arms of the Senate, his representa- depositions, and commissions. mittee staff shall communicate notice by the tive or any law enforcement official to eject 3. Rules. A subcommittee shall be governed quickest appropriate means to members or said person from the hearing room. by the Committee rules, except that its appropriate staff assistants of Members and S2152 CONGRESSIONAL RECORD — SENATE March 2, 1999 an agenda shall be furnished prior to the Member, such subpoena may be authorized (3) an Administrator of Veterans’ Affairs, a meeting. by vote of the Members of the Committee. Secretary of Veterans Affairs, a Secretary of (g) Subject to the second sentence of this When the Committee or Chairman authorizes Defense or of a service branch, or a military paragraph, it shall not be in order for the a subpoena, the subpoena may be issued upon or other Federal civilian official of com- Committee to consider any amendment in the signature of the Chairman or of any parable or higher rank; or the first degree proposed to any measure other member of the Committee designated (4) an individual who, as determined by the under consideration by the Committee un- by the Chairman. Chairman and Ranking Minority Member, less a written copy of such amendment has (f) Except as specified in Committee Rule performed outstanding service for veterans; been delivered to each member of the Com- VII (requiring oaths, under certain cir- (B) each member of the Congressional dele- mittee at least 24 hours before the meeting cumstances, at hearings to confirm Presi- gation representing the State in which the at which the amendment is to be proposed. dential nominations), witnesses at hearings designated facility is located has indicted in This paragraph may be waived by a majority will be required to give testimony under writing such member’s support of the pro- vote of the members and shall apply only oath whenever the presiding member deems posal to name such facility after such indi- when 72-hour written notice has been pro- such to be advisable. vidual; and vided in accordance with paragraph (f). V. MEDIA COVERAGE (C) the pertinent State department or II. QUORUMS Any Committee meeting or hearing which chapter of each Congressionally chartered veterans’ organization having a national (a) Subject to the provisions of paragraph is open to the public may be covered by tele- membership of at least 500,000 has indicated (b), seven members of the Committee shall vision, radio, and print media. Photog- in writing its support of such proposal. constitute a quorum for the reporting or ap- raphers, reporters, and crew members using proving of any measure or matter or rec- mechanical recording, filming or broadcast- IX. AMENDMENTS TO THE RULES ommendation. Four members of the Commit- ing devices shall position and use their The rules of the Committee may be tee shall constitute a quorum for purposes of equipment so as not to interfere with the changed, modified, amended, or suspended at transacting any other business. seating, vision, or hearing of the Committee any time, provided, however, that no less (b) In order to transact any business at a members or staff or with the orderly conduct than a majority of the entire membership so Committee meeting, at least one member of of the meeting or hearing. The presiding determine at a regular meeting with due no- the minority shall be present. If, at any member of the meeting or hearing may for tice, or at a meeting specifically called for meeting, business cannot be transacted be- good cause terminate, in whole or in part, that purpose. The rules governing quorums cause of the absence of such a member, the the use of such mechanical devices or take for reporting legislative matters shall gov- matter shall lay over for a calendar day. If such other action as the circumstances and ern rules changes, modification, amend- the presence of a minority member is not the orderly conduct of the meeting or hear- ments, or suspension.∑ then obtained, business may be transacted ing may warrant. f by the appropriate quorum. VI. GENERAL MILITARY PAY AND BENEFITS (c) One member shall constitute a quorum All applicable requirements of the Stand- for the purpose of receiving testimony. ing Rules of the Senate shall govern the BILL III. VOTING Committee. ∑ Mr. DODD. Mr. President, I ask that (a) Votes may be cast by proxy. A proxy VII. PRESIDENTIAL NOMINATIONS the article entitled ‘‘A Military Prob- shall be written and may be conditioned by (a) Each Presidential nominee whose nomi- lem Money Can’t Solve,’’ which ap- personal instructions. A proxy shall be valid nation is subject to Senate confirmation and peared in this morning’s New York only for the day given. referred to this Committee shall submit a Times, be printed in the RECORD. It (b) There shall be a complete record kept statement of his or her background and fi- of all Committee action. Such record shall helps to illustrate why the Senate nancial interests, including the financial in- should have taken a closer look at the contain the vote cast by each member of the terests of his or her spouse and of children Committee on any question on which a roll living in the nominee’s household, on a form provisions of S. 4 before voting on it. call vote is requested. approved by the Committee which shall be Had hearings been held on the bill, and IV. HEARINGS AND HEARING PROCEDURES sworn to as to its completeness and accu- had we awaited the completion of stud- (a) Except as specifically otherwise pro- racy. The Committee form shall be in two ies by the CBO, GAO and Defense De- vided, the rules governing meetings shall parts— partment, perhaps some Senators govern hearings. (b) At least 1 week in ad- (A) information concerning employment, would have had a chance to become fa- vance of the date of any hearing, the Com- education, and background of the nominee miliar with the reasons that our serv- mittee shall undertake, consistent with the which generally relates to the position to which the individual is nominated, and ice men and women leave the military. provisions of paragraph 4 of rule XXVI of the As this article makes clear, retention Standing Rules of the Senate, to make pub- which is to be made public; and lic announcements of the date, place, time, (B) information concerning the financial may depend more on improving quality and subject matter of such hearing. and other background of the nominee, to be of life than increasing pay and pen- (c) The Committee shall require each wit- made public when the Committee determines sions. ness who is scheduled to testify at any hear- that such information bears directly on the The article follows: nominee’s qualifications to hold the position ing to file 40 copies of such witness’ testi- [The New York Times, Tuesday, Mar. 2, 1999] mony with the Committee not later than 48 to which the individual is nominated. A MILITARY PROBLEM MONEY CAN’T SOLVE hours prior to the witness’ scheduled appear- Committee action on a nomination, includ- ance unless the Chairman and Ranking Mi- ing hearings or a meeting to consider a mo- (By Lucian K. Truscott 4th) nority Member determine there is good cause tion to recommend confirmation, shall not LOS ANGELES.—While members of the for failure to do so. be initiated until at least five days after the armed services are underpaid and over- (d) The presiding member at any hearing is nominee submits the form required by this worked, the bill recently passed by the Sen- authorized to limit the time allotted to each rule unless the Chairman, with the concur- ate that gives them a pay raise doesn’t ad- witness appearing before the Committee. rence of the Ranking Minority Member, dress the real problem: keeping skilled offi- (e) The Chairman, with the concurrence of waives this waiting period. cers and noncommissioned officers from the Ranking Minority Member of the Com- (b) At any hearing to confirm a Presi- leaving in mid-career. mittee, is authorized to subpoena the attend- dential nomination, the testimony of the The Army, Navy and Air Force now face ance of witnesses and the production of nominee and, at the request of any Member, serious enlistment shortfalls. For example, memoranda, documents, records, and any any other witness shall be under oath. last year the Navy fell 7,000 short of its re- other materials. If the Chairman or a Com- VIII. NAMING OF DEPARTMENT OF VETERANS cruitment goal. The bill would raise military mittee staff member designated by the AFFAIRS FACILITIES pay 4.8 percent and increase reenlistment bo- Chairman has not received from the Ranking It is the policy of the Committee that no nuses and retirement benefits. Minority Member or a Committee staff mem- Department of Veterans Affairs facility shall But even if the improved benefit package ber designated by the Ranking Minority be named after any individual unless— helps attract more recruits, there will con- Member notice of the Ranking Minority (A) such individual is deceased and was— tinue to be a shortfall unless the military Member’s nonconcurrence in the subpoena (1) a veteran who (i) was instrumental in does more to keep mid-career soldiers from within 48 hours (excluding Saturdays, Sun- the construction or the operation of the fa- resigning. days, and Federal holidays) of being notified cility to be named, or (ii) was a recipient of Over the past few years, I have been in of the Chairman’s intention to subpoena at- the Medal of Honor or, as determined by the touch with more than 100 men and women tendance or production, the Chairman is au- Chairman and Ranking Minority Member, who have resigned from the service, chiefly thorized following the end of the 48-hour pe- otherwise performed military service of an because my last two books have been about riod involved to subpoena the same without extraordinarily distinguished character; the military. Not once have I heard them say the Ranking Minority Member’s concur- (2) a member of the United States House of that they left the service because the pay rence. Regardless of whether a subpoena has Representatives or Senate who had a direct was low. For many, quality-of-life factors been concurred in by the Ranking Minority association with such facility; drove them away. March 2, 1999 CONGRESSIONAL RECORD — SENATE S2153 They complain that junior officers and en- less missions and foolish rules of engagement UNANIMOUS CONSENT AGREE- listed men and women with families are as- so the cocktail party set back in D.C. . . . MENT—S. RES. 51 AND S. RES 52 signed to military housing that is old and can have their consciences feel good.’’ badly maintained. On many bases both here Many of the military men and women I’ve Mr. ALLARD. Mr. President, I ask and abroad, there is a shortage of housing, interviewed see no one in senior leadership unanimous consent that the Senate forcing many young families to live off the positions standing up and telling the politi- proceed en bloc to the immediate con- base. Civilian landlords in neighborhoods cians that while a pay raise is nice, there are sideration of Senate resolutions 51 and near military bases often charge above-mar- a lot of other problems that need to be ad- 52, which are on the calendar. ket rents because they know military fami- dressed. As one former officer wrote me, I further ask consent that the resolu- ‘‘Money would help, but it will not cure.’’∑ lies are a captive market. tions be agreed to and the motion to Deployments to far-off ‘‘peace-keeping’’ f missions are another reason for mid-career reconsider be laid upon the table. attrition. With all of the services short- NATIONAL TRIO DAY The PRESIDING OFFICER. Without handed, assignments to these hardship mis- ∑ Ms. SNOWE. Mr. President, I rise to objection, it is so ordered. sions are far more frequent than in the past. bring my colleagues attention to the f Moreover, to soldiers who have been trained celebration of National TRIO Day PROVIDING FOR MEMBERS ON THE to fight, many of these peacekeeping mis- which took place on Saturday, Feb- sions seem pointless. PART OF THE SENATE OF THE But the complaint I’ve heard as often as ruary 28. National TRIO Day—which JOINT COMMITTEE ON PRINTING any other has been about the system for ad- was created by a concurrent resolution AND THE JOINT COMMITTEE ON vancement. One former officer told me that during the 99th Congress—is celebrated THE LIBRARY the military’s traditional ‘‘zero defects’’ pol- every year on the last Saturday of Feb- icy now applies to careers, not just to the ruary, and serves as a day of recogni- The PRESIDING OFFICER. The readiness of a unit or to effectiveness in tion for the Federal TRIO Programs. clerk will state the first resolution by combat. One bad rating from a senior officer As my colleagues are aware, the title. can end a career. ‘‘Everyone seems afraid to TRIO Programs actually consist of sev- The legislative clerk read as follows: take the slightest chance at making a mis- eral educational programs: Talent A resolution (S. Res. 51) providing for take,’’ he said, for fear of getting a bad re- members on the part of the Senate of the view. Search; Upward Bound; Upward Bound Math/Science; Veterans Upward Bound; Joint Committee on Printing and the Joint So the mid-level officers may be jumping Committee on the Library. ship because the solution—which would in- Student Support Services; Ronald E. clude dissolving the unfair ratings system— McNair Postbaccalaureate Achieve- The resolution was considered and is too radical to ever be considered. ment Program; and Educational Oppor- agreed to, as follows: Dissatisfaction with the overall ratings tunity Centers. These programs, estab- S. RES. 51 system for officers also helps to explain why lished over 30 years ago, provide serv- Resolved, That the following-named Mem- the 20 percent increase in retirement bene- ices to low-income students and help bers be, and they are hereby, elected mem- fits called for in the Senate bill is unlikely them overcome a variety of barriers to bers of the following joint committees of to improve retention rates. There are fewer Congress: slots as you go higher in rank, so promotions obtaining a higher education, including class, social, and cultural barriers. Joint Committee on Printing: Mitch get harder. McConnell, Thad Cochran, Don Nickles, In the past, for example, a major who Currently, 2,000 colleges, universities Dianne Feinstein, and Daniel K. Inouye. wasn’t promoted to lieutenant colonel could and community agencies sponsor TRIO Joint Committee on the Library: Ted Ste- stay at the same rank and still get full re- Programs, and more than 780,000 low- vens, Mitch McConnell, Thad Cochran, Chris- tirement benefits after 20 years of service. income middle school, high school, and topher J. Dodd, and Daniel Patrick Moy- Now many of those who don’t get promoted adult students benefit from the serv- nihan. are asked to leave the military. The new officer rating system, established ices of these programs. By lifting stu- f a year ago, has rigorous quotas that insure dents out of poverty, these students can pursue their highest aspirations AUTHORIZING THE PRINTING OF A that only a certain number of soldiers are COLLECTION OF THE RULES OF promoted—and reach retirement age. The and achieve the American dream, even ratings system uses four levels, but no more as our nation is collectively lifted to THE COMMITTEES OF THE SEN- than half of the soldiers a superior officer new heights. ATE oversees can be given the top rating. Soldiers Mr. President, there are 15 TRIO Pro- The PRESIDING OFFICER. The who consistently score at the top are the grams in my home State of Maine that clerk will state the second resolution ones who will qualify for retirement benefits, serve 6,000 aspiring students each year. by title. the bulk of which kick in at 20 years of serv- I know that these programs work be- ice. The legislative clerk read as follows: But that means the other half has little or cause I have seen and heard of the tan- A resolution (S. Res. 52) to authorize the no chance of qualifying for retirement, and gible impact the programs have had— printing of a collection of the rules of the it’s this group that is more likely to resign and continue to have—on individuals in committees on the Senate. from the service at mid-career. Several Maine. The resolution was considered and former military men have told me that after The impact of the TRIO Programs agreed to, as follows: receiving what they considered to be unfair speaks for itself when considering that S. RES. 52 low ratings as junior officers they drew the TRIO graduates can be found in every conclusion that they would never be able to occupation one can think of, including Resolved, That a collection of the rules of the committees of the Senate, together with serve 20 years and reach retirement. Each of doctors, lawyers, astronauts, television them decided to resign early rather than related materials, be printed as a Senate stick around and learn late in his career that reporters, actors, state senators, and document, and that there be printed 600 addi- his services were no longer wanted by the even Members of Congress. In fact, two tional copies of such document for the use of military. of our colleagues in the House of Rep- the Committee on Rules and Administration. ‘‘They tell you that if you’re not going to resentatives—Congressman HENRY f go all the way to 20, you’d better get out by BONILLA and Congressman ALBERT R. MEASURE READ THE FIRST the end of your eighth year, because the cor- WYNN—are graduates of the TRIO Pro- TIME—H.R. 350 porate world won’t take you after that,’’ one grams. former soldier explained. In closing, as we celebrate National Mr. ALLARD. Mr. President, I under- Many former soldiers I have corresponded with have described their decisions to resign TRIO Day, I would like to encourage stand that H.R. 350 is at the desk. I ask from the military as complex and painful. my colleagues to learn more about the for its first reading. But the emotion they express most fre- TRIO Programs in their respective The PRESIDING OFFICER. The quently is anger. states, and see for themselves the im- clerk will report. ‘‘I think the most important reason for pact the programs have had—and con- The legislative clerk read as follows: leaving is that the Army pays lip service to tinue to have—on their constituents. A bill (H.R. 350) to improve Congressional taking care of its own, but it really doesn’t,’’ Ensuring that all of our nation’s stu- deliberation on proposed Federal private sec- one former officer wrote. tor mandates, and for other purposes. Still another former military man de- dents who desire a higher education are scribed the plight of the mid-career profes- able to attain it is a goal that I think Mr. ALLARD. I now ask for its sec- sional soldier this way: ‘‘They are sent to we can all agree on—and TRIO makes ond reading and would object to my far-off places with inadequate support, point- it possible.∑ own request. S2154 CONGRESSIONAL RECORD — SENATE March 2, 1999 The PRESIDING OFFICER. Objec- I recommend that the Senate give The legislative clerk read as follows: tion is heard. early and favorable consideration to A bill (S. 447) to deem timely filed, and f the Treaty and give its advice and con- process for payment, the applications sub- sent to ratification. mitted by the Dodson School Districts for MEASURE READ THE FIRST WILLIAM J. CLINTON. certain Impact Aid payments for fiscal year TIME—S. 508 THE WHITE HOUSE, March 2, 1999. 1999. Mr. ALLARD. Mr. President, I under- f The PRESIDING OFFICER. Is there stand that Senate bill 508, which was objection to the immediate consider- MAKING APPOINTMENTS TO ation of the bill? introduced earlier by Senators CERTAIN SENATE COMMITTEES SANTORUM and ALLARD, is at the desk, There being no objection, the Senate and I ask that it be read the first time. Mr. ALLARD. Mr. President, I ask proceeded to consider the bill. The PRESIDING OFFICER. The unanimous consent that the Senate Mr. ALLARD. Mr. President, I ask clerk will report. now proceed to the immediate consid- unanimous consent that the bill be The legislative clerk read as follows: eration of Senate Resolution 55 submit- read a third time and passed, the mo- ted earlier today by Senators LOTT and A bill (S. 508) to prohibit implementation tion to reconsider be laid upon the of ‘‘Know Your Customer’’ regulations by the DASCHLE. table, and, finally, that any statements The PRESIDING OFFICER. The Federal banking agencies. related to the bill appear at this point clerk will report. in the RECORD. Mr. ALLARD. I now ask for its sec- The legislative clerk read as follows: ond reading and would object to my The PRESIDING OFFICER. Without A resolution (S. Res. 55) making appoint- objection, it is so ordered. own request. ments to certain Senate committees for the The PRESIDING OFFICER. Objec- 106th Congress. The bill was ordered to be engrossed for a third reading, was deemed read tion is heard. The PRESIDING OFFICER. Is there the third time, and passed as follows: f objection to the immediate consider- ation of the resolution? S. 447 REMOVAL OF INJUNCTION OF SE- There being no objection, the Senate Be it enacted by the Senate and House of Rep- CRECY—TREATY DOCUMENT 106–2 proceeded to consider the resolution. resentatives of the United States of America in Mr. ALLARD. Mr. President, as in Mr. ALLARD. Mr. President, I ask Congress assembled, executive session, I ask unanimous unanimous consent that the resolution SECTION 1. IMPACT AID. consent that the injunction of secrecy be agreed to and the motion to recon- The Secretary of Education shall deem as timely filed, and shall process for payment, be removed from the following treaty sider be laid upon the table. an application for a fiscal year 1999 payment transmitted to the Senate on March 2, The PRESIDING OFFICER. Without under section 8003 of the Elementary and 1999, by the President of the United objection, it is so ordered. Secondary Education Act of 1965 (20 U.S.C. States: The resolution (S. Res. 55) reads as 7703) from a local educational agency serving The Extradition Treaty Between the follows: each of the following school districts if the Government of the United States of S. RES. 55 Secretary receives that application not later America and the Government of the Resolved, That notwithstanding the provi- than 30 days after the date of enactment of sions of S. Res. 400 of the 95th Congress, or this Act: Republic of Korea (Treaty Document (1) The Dodson Elementary School District 106–2). the provisions of Rule XXV, the following shall constitute the membership on those #2, Montana. I further ask that the treaty be con- Senate committees listed below for the 106th (2) The Dodson High School District, Mon- sidered as having been read the first Congress, or until their successors are ap- tana. time; that it be referred, with accom- pointed: f panying papers, to the Committee on Committee on Veterans’ Affairs: Mr. Spec- EXECUTIVE CALENDAR Foreign Relations and ordered to be ter (Chairman), Mr. Murkowski, Mr. Thur- printed; and that the President’s mes- mond, Mr. Jeffords, Mr. Campbell, Mr. Craig, Mr. Hutchinson of Arkansas, Mr. Rocke- sage be printed in the RECORD. feller, Mr. Graham of Florida, Mr. Akaka, EXECUTIVE SESSION The PRESIDING OFFICER. Without Mr. Wellstone, and Mrs. Murray. Mr. ALLARD. Mr. President, I ask objection, it is so ordered. Special Committee on Aging: Mr. Grassley The message of the President is as (Chairman), Mr. Jeffords, Mr. Craig, Mr. unanimous consent that the Senate im- follows: Burns, Mr. Shelby, Mr. Santorum, Mr. Hagel, mediately proceed to executive session Ms. Collins, Mr. Enzi, Mr. Bunning, Mr. to consider the following nomination To the Senate of the United States: Hutchinson of Arkansas, Mr. Breaux, Mr. on the Executive Calendar: No. 9. With a view to receiving the advice Reid of Nevada, Mr. Kohl, Mr. Feingold, Mr. I finally ask unanimous consent that and consent of the Senate to ratifica- Wyden, Mr. Reed of Rhode Island, Mr. Bayh, the nomination be confirmed, the mo- tion, I transmit herewith the Extra- Mrs. Lincoln, and Mr. Bryan. tion to reconsider be laid upon the dition Treaty Between the Government Committee on Indian Affairs: Mr. Campbell table, any statements relating to the (Chairman), Mr. Murkowski, Mr. McCain, of the United States of America and Mr. Gorton, Mr. Domenici, Mr. Thomas, Mr. nomination appear at this point in the the Government of the Republic of Hatch, Mr. Inhofe, Mr. Inouye (Vice Chair- RECORD, the President be immediately Korea, signed at Washington on June 9, man), Mr. Conrad, Mr. Reid of Nevada, Mr. notified of the Senate’s action, and the 1998 (hereinafter the ‘‘Treaty’’). Akaka, Mr. Wellstone, and Mr. Dorgan. Senate then return to legislative ses- In addition, I transmit for the infor- Special Committee on the Year 2000 Tech- sion. mation of the Senate, the report of the nology Problems: Mr. Bennett (Chairman), The PRESIDING OFFICER. Without Department of State with respect to Mr. Kyl, Mr. Smith of Oregon, Ms. Collins, objection, it is so ordered. the Treaty. The Treaty will not require Mr. Stevens (ex-officio), Mr. Dodd (Vice Chairman), Mr. Moynihan, Mr. Edwards, and The Senate proceeded to consider the implementing legislation. Mr. Byrd (ex-officio). nomination. The Treaty will, upon entry into f Mr. SHELBY. Mr. President, I rise force, enhance cooperation between the today to urge my colleagues to vote in law enforcement communities of the APPLICATIONS SUBMITTED BY favor of the nomination of James M. United States and Korea. It will pro- THE DODSON SCHOOL FOR CER- Simon, Jr., to be the Assistant Direc- vide, for the first time, a framework TAIN IMPACT AID PAYMENTS tor of Central Intelligence for Adminis- and basic protections for extraditions FOR FISCAL YEAR 1999 tration. As part of the Intelligence Au- between Korea and the United States, Mr. ALLARD. Mr. President, I ask thorization Act for Fiscal Year 1997 (S. thereby making a significant contribu- unanimous consent that Senate bill 447 1718), the Senate Created the Office of tion to international law enforcement be discharged from the Labor Commit- the Director of Central Intelligence efforts. tee and, further, that the Senate pro- (ODCI), clarified the DCI’s responsibil- The provisions in this Treaty follow ceed to its consideration. ities for managing the Intelligence generally the form and content of ex- The PRESIDING OFFICER. Without Community, and crated three new lead- tradition treaties recently concluded objection, it is so ordered. The clerk ership positions in the ODCI: the As- by the United States. will report. sistant Director of Central Intelligence March 2, 1999 CONGRESSIONAL RECORD — SENATE S2155 (ADCI) for Collection, the Assistant Di- International Relations in Germany ture included the new positions of As- rector of Central Intelligence for Anal- prior to returning to the United States sistant Directors of Central Intel- ysis and Production, and the Assistant to study for a Ph.D. ligence—one for intelligence collection, Director of Central Intelligence for Ad- Mr. Simon has a B.A. in political one for intelligence analysis, and one ministration. According to the Act, the science from the University of Ala- for community administration. The ADCIs were to be appointed by the bama and a M.A. in international rela- nomination to be considered by the President and confirmed by the Senate. tions from the University of Southern Senate, the Assistant Director for Ad- At Conference, the House agreed to California. He held both Herman and ministration, will help to play an im- create the three new positions provided Earhart fellowships while pursuing a portant role in ensuring the Intel- that the position of Deputy Director of Ph.D at USC with emphasis in national ligence Community is effectively man- Central Intelligence for Community security, bureaucracy, Soviet studies, aged. Management (DDCI/CM) also be cre- and Marxism-Leninism. He has given To date, the DCI has taken the in- ated as a position requiring the advise lectures at Harvard, Cornell, Utah terim steps of appointing acting Assist- and consent of the Senate. Therefore State, the Joint Military Intelligence ant Directors for collection and for the Conference Report included the College, the Command and General analysis. I expect Presidential nomina- three ADCI positions and added the Staff College, the Navy War College, tions for these positions will be forth- DDCI/CM position within he Office of the Air War College, and the national coming soon. I must say, the Senate’s the DCI. The ADCIs report directly to War College. For two years, he taught wisdom in the Fiscal Year 1997 Intel- the DDCI/CM. This new leadership Soviet war fighting at he Air Univer- ligence Authorization Act has been structure was enacted into law by P.L. sity’s course for general officers. confirmed by the DCI’s interim ap- Mr. Simon left USC before complet- 104–293. pointments. Prior to the appointments ing his dissertation and joined the CIA The intent was to create a ‘‘Gold- of Mr. Charles Allen and Mr. John Gan- in 1975 through its Career Training water-Nichols’’ equivalent legislation non, Congress and the American people Program. He served briefly in the clan- for the intelligence Community by looked to the DCI to manage both the destine service before joining he Direc- breaking down the barriers to effective collection of intelligence information torate of Intelligence’s Office of Stra- community management erected by and the analysis of that information. tegic Research as a military analyst the very powerful directors of various Without any assistance in these areas, specializing in tactics and doctrine. He intelligence agencies. In many cases, it was literally his personal respon- served as chief of a current intelligence these directors act unilaterally on the sibility. When the intelligence commu- branch as well as of two branches con- day-to-day decisions concerning collec- nity fails to collect adequate informa- cerned with Soviet military strategy, tion, production, and administration tion to prevent policy-makers from doctrine, and plans. From 1986 to 1990 within the Community. On May 22, being surprised, Congress and the he was in charge of the intelligence 1998, the Committee favorably reported American people blame the DCI. Fur- community organization responsible the nomination of Joan Dempsey to be ther, when the intelligence community for asking the imagery constellation. the first DDCI/CM. The Senate con- fails to marshal its resources to ana- In 1990, he was assigned as the senior firmed her on May 22, 1998. lyze tough intelligence targets, Con- A great deal of the responsibility for intelligence representative to the US gress and the American people again management improvement within the delegation for the Conventional Forces blame the DCI. The blame was clear, Intelligence Community will lie with in Europe (CFE) Treaty in Vienna for example, in last year’s Indian nu- the Assistant Director of Central Intel- where he was principal negotiator for clear test incident. Affixing the respon- ligence for Administration. Therefore, the Treaty’s information exchange pro- sibility on the DCI was warranted, but the position requires a strong and de- tocol. After ratification, in 1991, Mr. he did not have the management struc- termined individual that is prepared to Simon was reassigned as Chief of ACIS ture in place to help him fulfill his re- confront and overcome the inevitable Rhein Main in Frankfurt; the Commu- sponsibilities. The Fiscal Year 1997 In- resistance of an entrenched and calci- nity’s facility responsible for the prep- telligence Authorization Act created a fied bureaucracy. aration, debriefing, and reporting of in- structure to help the DCI discharge his Mr. James M. Simon, Jr., a career in- formation gained by arms control in- responsibilities and, following the In- telligence officer, was nominated by spection teams throughout Europe. In dian nuclear tests, the DCI began fill- the President to be the first Assistant 1993, Mr. Simon became chief of a divi- ing the new structure. So far, the re- Director of Central Intelligence for Ad- sion in the Office of European Analysis sults of Mr. Allen’s and Mr. Gannon’s ministration, and the Senate Select and in 1996 was named Chief of the Col- work demonstrate that community- Committee on Intelligence held open lection Requirements and Evaluation wide coordination is appropriate and hearings on his nomination on Feb- Staff. sorely needed. ruary 4, 1999. On February 24, 1999, the The Intelligence Committee believes Committee voted to favorably report that Mr. Simon is well qualified for Mr. Simon is eminently qualified. He the nomination of Mr. Simon to he full this new position. Accordingly,I again is a career intelligence officer. He has Senate. urge my colleagues to support this demonstrated throughout his career Mr. Simon was born in Montgomery, nomination and vote in favor of the the ability to make tough calls and to Alabama on 1 July 1947. He is married Nominee. be held accountable for those calls. In to Susan Woods of Tuscaloosa, Ala- Mr. KERREY. Mr. President, I rise to his most recent assignment as the head bama. join Chairman SHELBY in recommend- of the CIA’s Requirements Evaluation Mr. Simon was commissioned in the ing to the Senate that Mr. James M. Staff, he has taken on a task to fix US Army in 1969, retiring in 1997 from Simon be confirmed as the new Assist- something that has long been broken. the active reserve. Trained as a signal ant Director of Central Intelligence for He is working on a way to place a value officer and in intelligence, he has com- Administration. Mr. Simon has dem- on the different kinds of intelligence manded a SIGINT/EW company and has onstrated the essential qualities re- we collect. To the uninitiated this may been operations officer of a psycho- quired for this position, and I believe sound fairly unimportant and, perhaps, logical warfare battalion. He is a grad- the Director of Central Intelligence has even easy. But is not. It is hard be- uate of the Military Intelligence Offi- acted wisely in proposing to the Presi- cause it directly challenges the direc- cers Advanced Course, the Command dent Mr. Simon’s nomination. tors of the heads of the agencies within and General Staff College, and has I am glad the Director of Central In- the Intelligence Community. For ex- completed the Security Management telligence is fulfilling one of the obli- ample, it forces the head of signals in- Course from the national War College. gations imposed by the Fiscal Year 1997 telligence to justify the quality of his After discharge, Mr. Simon became a Intelligence Authorization Act. In that efforts relative to the efforts of an- research intern at Radio Free Europe Act, Congress—after extended discus- other agency that controls human in- and served as teaching assistant to the sions among the relevant committees— telligence. It has a similar effect on Dean of the University of Southern created a new management structure judging the value of satellite collection California’s Graduate Program in for the Office of the DCI. That struc- relative to the other ways we obtain S2156 CONGRESSIONAL RECORD — SENATE March 2, 1999 our intelligence information. No agen- You serve in local food banks and learn highest ideals of character, conduct, and cy director likes this evaluation be- about politics. The skills, values and service to others so that they may become cause it forces questions to be an- attitudes you learn as a Girl Scout can model citizens in their communities; swered on such fundamental issues as help guide you through your life. As Whereas the Girl Scouts offers girls aged 5 through 17 a variety of opportunities to de- to whether or not community-wide your skills grow, so will your self con- velop strong values and life skills and pro- budget and personnel resources are fidence. Eventually you will earn your vides a wide range of activities to meet girls’ being directed in the right areas. Direc- badges which will serve as symbols interests and needs; tors naturally resist a comparison of that you are succeeding and doing Whereas the Girl Scouts has a membership the value of their agency’s work versus something constructive for your com- of nearly 3,000,000 girls and over 850,000 adult the value of the work of other agencies. munity. You learn the importance of volunteers, and is one of the preeminent or- Nonetheless, Mr. Simon chose to take treating other people fairly and with ganizations in the United States committed on the agency heads in the Intelligence the dignity they deserve. You have the to girls growing strong in mind, body, and spirit; and Community because it was the right confidence to know that you can reach Whereas by fostering in girls and young thing to do. your goals. You can learn to be a lead- women the qualities on which the strength The DCI has made an excellent er. of the United States depends, the Girl choice in recommending Mr. Simon to In today’s hectic world, Scouts are Scouts, for 87 years, has significantly con- the President. Mr. Simon should be more important than ever. Young boys tributed to the advancement of the United confirmed by the Senate. I believe his and girls desperately need before and States: Now, therefore, be it services as the Assistant Director of after school activities to keep their ac- Resolved, That the Senate— Central Intelligence for Administra- tive minds’ focused. They need adult (1) designates the week beginning March 7, 1999, as ‘‘National Girl Scout Week’’; and tion will have a significant and lasting role models like their Girl Scout lead- (2) requests the President to issue a procla- impact on the Intelligence Community. ers, who are dedicated to inspiring mation designating the week beginning I urge my colleagues to support this young people. March 7, 1999, as ‘‘National Girl Scout Week’’ nomination. As the Senator from Maryland, one and calling on the people of the United The nomination considered and con- of my highest priorities is to promote States to observe the day with appropriate firmed follows: structured, community-based after ceremonies and activities. CENTRAL INTELLIGENCE school activities to give children more f James M. Simon, Jr., of Alabama, to be As- help and more ways to learn. After NATIONAL READ ACROSS AMERICA sistant Director of Central Intelligence for school activities also keeps children DAY Administration. (New Position) stay out of trouble and keeps them pro- Mr. ALLARD. Mr. President, I ask f ductive. That’s just what the Girl Scouts do. They promote character & unanimous consent that the Senate LEGISLATIVE SESSION responsibility. They teach the arts and now proceed to the immediate consid- eration of Senate Resolution 56 intro- Mr. ALLARD. Mr. President, I ask cultural activities. They give kids the tools for success. duced earlier today by Senators COVER- unanimous consent that the Senate DELL and TORRICELLI. now return to legislative session. I applaud the Girl Scouts. I also thank them for what they did for me The PRESIDING OFFICER. The The PRESIDING OFFICER. Without clerk will report. objection, it is so ordered. and what they do for millions of young women across the country. I hope the The legislative clerk read as follows: f Resolution that Senator HUTCHISON A resolution (S. Res. 56) recognizing March and I have introduced here today calls 2nd, 1999, as the ‘‘National Read Across NATIONAL GIRL SCOUT WEEK America Day,’’ and encouraging every child, more attention to the good work of the Mr. ALLARD. Mr. President, I ask parent and teacher to read throughout the Girl Scouts. I hope it shows that there year. unanimous consent that the Judiciary are solid after school activities that The PRESIDING OFFICER. Is there Committee be discharged from further children can actively participate in objection to the immediate consider- consideration of Senate Resolution 48 while learning real life skills. Mr. and the Senate proceed to its consider- ation of the resolution? President, I congratulate the Girl There being no objection, the Senate ation. Scouts as they celebrate their 87th an- The PRESIDING OFFICER. Without proceeded to consider the resolution. niversary. I hope my colleagues will Mr. ALLARD. I ask unanimous con- objection, it is so ordered. The clerk join me in supporting this important will report. sent that the resolution be agreed to, Resolution. the preamble be agreed to, the motion The legislative clerk read as follows: Mr. ALLARD. Mr. President, I ask A resolution (S. Res. 48) designating the to reconsider be laid upon the table, unanimous consent that the resolution and that any statements relating to week beginning March 7, 1999, as ‘‘National be agreed to, the preamble be agreed Girl Scout Week.’’ the resolution appear at this point in to, the motion to reconsider be laid The PRESIDING OFFICER. Is there the RECORD. upon the table, and that any state- The PRESIDING OFFICER. Without objection to the immediate consider- ments relating to the resolution appear ation of the resolution? objection, it is so ordered. in the RECORD. The resolution (S. Res. 56) was agreed There being no objection, the Senate The PRESIDING OFFICER. Without proceeded to consider the resolution. to. objection, it is so ordered. The preamble was agreed to. Ms. MIKULSKI. Mr. President, I am The resolution (S. Res. 48) was agreed very proud to introduce this Resolu- The resolution (S. Res. 56), with its to. preamble, reads as follows: tion with my colleague Senator The preamble was agreed to. S. RES. 56 HUTCHISON, who, like me, is a former The resolution (S. Res. 48), with its Girl Scout. This Resolution designates preamble, reads as follows: Whereas reading is a fundamental part of next week as National Girl Scout life and every American should be given the S. RES. 48 chance to experience the many joys it can Week. I am so happy that we are able Whereas March 12, 1999, is the 87th anniver- bring; to recognize the important achieve- sary of the founding of the Girl Scouts of the Whereas National Read Across America ments of the Girls Scouts with such United States of America; Day calls for every child in every American broad bipartisan support. Scouting in- Whereas on March 16, 1950, the Girl Scouts community to celebrate and extoll the vir- stills the values that really matter— became the first national organization for tue of reading on the birthday of America’s duty, honor, patriotism and service. I girls to be granted a Federal charter by Con- favorite Doctor—Dr. Seuss; am so proud to honor the Girl Scouts gress; Whereas National Read Across America for all they do to prepare our young Whereas through annual reports required Day is designed to show every American to be submitted to Congress by its charter, child that reading can be fun, and encour- women to be leaders for the future. the Girl Scouts regularly informs Congress ages parents, relatives and entire commu- As a Girl Scout, you participate in a of its progress and program initiatives; nities to read to our nation’s children; broad range of activities—from taking Whereas the Girl Scouts is dedicated to in- Whereas National Read Across America nature hikes to taking part in the arts. spiring girls and young women with the Day calls on every American to take time March 2, 1999 CONGRESSIONAL RECORD — SENATE S2157 out of their busy day to pick-up a favorite on Wednesday, immediately following NOMINATIONS book and read to a young boy or girl, a class the prayer, the Journal of proceedings or a group of students; be approved to date, the morning hour Executive nominations received by Whereas reading is a catalyst for our chil- be deemed to have expired, the time for the Senate March 2, 1999: dren’s future academic success, their prepa- ration for America’s jobs of the future, and the two leaders be reserved, and the DEPARTMENT OF DEFENSE our nation’s ability to compete in the global Senate then proceed to the time for de- LAWRENCE J. DELANEY, OF MARYLAND, TO BE AN AS- bate on the motion to proceed to S. 280. SISTANT SECRETARY OF THE AIR FORCE, VICE ARTHUR economy; L. MONEY. Whereas the distinguished Chairman Jim The PRESIDING OFFICER. Without Jeffords and Ranking Member Ted Kennedy objection, it is so ordered. INTER-AMERICAN DEVELOPMENT BANK of the Senate Health, Education, Labor and f LAWRENCE HARRINGTON, OF TENNESSEE, TO BE Pensions Committee have provided signifi- UNITED STATES EXECUTIVE DIRECTOR OF THE INTER- AMERICAN DEVELOPMENT BANK FOR A TERM OF THREE cant leadership in the area of community in- PROGRAM YEARS, VICE L. RONALD SCHEMAN, RESIGNED. volvement in reading through their partici- pation in the Everybody Wins! program; Mr. LOTT. Mr. President, the Senate, FOREIGN SERVICE Whereas Chairman Jim Jeffords has been then, will convene tomorrow at 9:30 THE FOLLOWING NAMED CAREER MEMBERS OF THE recognized for his leadership in reading by and resume consideration of the mo- SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- Parenting Magazine; RICULTURE FOR PROMOTION IN THE SENIOR FOREIGN tion to proceed to the education flexi- SERVICE TO THE CLASSES INDICATED: CAREER MEMBER Whereas prominent sports figures such as bility partnership bill. There will have OF THE SENIOR FOREIGN SERVICE OF THE UNITED National Read Across America Day Honor- been a total of 4 hours for debate on STATES OF AMERICA, CLASS OF CAREER MINISTER: ary Chairman Cal Ripken of the Baltimore the motion tomorrow morning, and fol- WARREN J. CHILD, OF MARYLAND Orioles baseball team, Sandy Alomar of the lowing adoption of the motion, we will CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE Cleveland Indians, and members of the At- OF THE UNITED STATES OF AMERICA, CLASS OF MIN- lanta Falcons football team have dedicated begin consideration of the bill itself. ISTER-COUNSELOR: substantial time, energy and resources to en- Amendments to the bill are expected to MARY E. REVELT, OF FLORIDA JOHN H. WYSS, OF TEXAS courage young people to experience the joy be offered and debated throughout and fun of reading; THE FOLLOWING NAMED CAREER MEMBERS OF THE Wednesday’s session and for the re- FOREIGN SERVICE OF THE DEPARTMENT OF AGRI- Whereas the 105th Congress made an his- mainder of the week. Therefore, Sen- CULTURE FOR PROMOTION INTO THE SENIOR FOREIGN toric commitment to reading through the ators should expect rollcall votes SERVICE TO THE CLASS INDICATED: passage of the Reading Excellence Act which CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE throughout the day on Wednesday and OF THE UNITED STATES OF AMERICA, CLASS OF COUN- focused on traditionally successful phonics Thursday and possibly Friday in an ef- SELOR: instruction, tutorial assistance grants for at- WEYLAND M. BEEGHLY, OF VIRGINIA risk kids, and literacy assistance for parents: fort to make substantial progress on LARRY M. SENGER, OF WASHINGTON Now, therefore, be it this important piece of legislation. RANDOLPH H. ZEITNER, OF VIRGINIA Resolved, That the Senate— After I have a chance to consult with DEPARTMENT OF LABOR (1) recognizes March 2, 1999 as National the Democratic leader, we will give RICHARD M. MC GAHEY, OF THE DISTRICT OF COLUM- Read Across America Day; and further information about the schedule BIA, TO BE AN ASSISTANT SECRETARY OF LABOR, VICE (2) expresses its wishes that very child in on Friday and on Monday of next week. OLENA BERG, RESIGNED. every American city and town has the abil- I yield the floor. ity and desire to read throughout the year, f and receives the parental and adult encour- f agement to succeed and achieve academic ADJOURNMENT UNTIL 9:30 A.M. excellence. CONFIRMATION TOMORROW f Mr. ALLARD. Mr. President, if there Executive nomination confirmed by ORDERS FOR WEDNESDAY, MARCH is no further business to come before the Senate March 2, 1999: 3, 1999 the Senate, I now ask that the Senate CENTRAL INTELLIGENCE Mr. LOTT. Mr. President, I ask unan- stand in adjournment under the pre- JAMES M. SIMON, JR., OF ALABAMA, TO BE ASSISTANT imous consent that when the Senate vious order. DIRECTOR OF CENTRAL INTELLIGENCE FOR ADMINIS- TRATION. completes its business today, it stand There being no objection, the Senate, THE ABOVE NOMINATION WAS APPROVED SUBJECT TO in adjournment until 9:30 a.m. on at 6:34 p.m., adjourned until Wednes- THE NOMINEE’S COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY Wednesday, March 3. I further ask that day, March 3, 1999, at 9:30 a.m. CONSTITUTED COMMITTEE OF THE SENATE. March 2, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E303 EXTENSIONS OF REMARKS

PUT THE DECENNIAL CENSUS 1999. This act, a companion to my Family cation back in the hands of citizens and local BACK ON TRACK Education Freedom Act, takes a further step communities by sponsoring the Education Im- toward returning control over education re- provement Tax Cut Act of 1999. HON. PHILIP M. CRANE sources to private citizens by providing a f OF ILLINOIS $3,000 tax credit for donations to scholarship INTRODUCING THE GRATON IN THE HOUSE OF REPRESENTATIVES funds to enable low-income children to attend RANCHERIA RESTORATION ACT Tuesday, March 2, 1999 private schools. It also encourages private citi- zens to devote more of their resources to Mr. CRANE. Mr. Speaker, I come to the helping public schools, by providing a $3,000 HON. LYNN C. WOOLSEY floor today in opposition to the plan of the tax credit for cash or in-kind donations to pub- OF CALIFORNIA Census Bureau to use sampling techniques in lic schools to support academic or extra cur- IN THE HOUSE OF REPRESENTATIVES the Decennial Census. ricular programs. The situation is clear: we must abide by the Tuesday, March 2, 1999 I need not remind my colleagues that edu- Constitution as we have in every census for cation is one of, if not the top priority of the Ms. WOOLSEY. Mr. Speaker, today I am over 200 years. As we all know, Article I Sec- proud to introduce legislation that would re- tion II says that ``an actual enumeration'' must American people. After all, many members of Congress have proposed education reforms store federal recognition for the Federated In- be done every 10 years. Now, for the first time dians of Graton Rancheria, which is primarily in our history, this is not good enough. Some and a great deal of their time is spent debat- ing these proposals. However, most of these composed of the Coast Miwok and Southern feel that counting part of the population and Pomo tribal members. This is a matter of sim- guesstimating the rest is better than actually proposals either expand federal control over education or engage in the pseudo-federalism ple justice, because in 1966 the United States counting the population head by head, as the government terminated the tribe's status under Constitution requires. of block grants. I propose we go in a different direction by embracing true federalism by re- the California Rancheria Act of 1958. The Director of the Census Bureau, Ken- My bill, the Graton Rancheria Restoration neth Prewitt, said last Wednesday he would turning control over the education dollar to the American people. Act, restores all federal rights and privileges to abide by the Supreme Court ruling by using the tribal members. It reinstates their political two sets of numbers in the Decennial Census. One of the major problems with centralized control over education funding is that spending status and makes them eligible for benefits Recognizing part of the Court's decision, now available to other federally recognized Prewitt plans to use enumeration for appor- priorities set by Washington-based Represent- tribes, such as Native American health, edu- tionment. However, the Census Bureau plans atives, staffers, and bureaucrats do not nec- cation, and housing services. The bill also to create a second set of numbers, using sam- essarily match the needs of individual commu- specifically prohibits gambling on tribal lands pling techniques, for redrawing House districts. nities. In fact, it would be a miracle if spending affected by the bill. Although they were not asked to rule on the priorities determined by the wishes of certain The earliest historical account of the Coast constitutionality of sampling, four Justices said politically powerful Representatives or the Miwok peoples, whose traditional homelands that using sampling for a census is illegal. But, theories of Education Department func- include Bodega, Tomales, Marshall in Marin the Administration continues to include sam- tionaries match the priorities of every commu- County and Sebastopol in Sonoma County, pling techniques in the Decennial Census, de- nity in a country as large and diverse as dates back to 1579. Today there are 355 spite the contradictory rulings of several America. Block grants do not solve this prob- members of the Federated Indians of Graton courts. lem as they simply allow states and localities Mr. Speaker, this plan will only create more to choose the means to reach federally-deter- Rancheria. problems. Holding two censuses, which is ex- mined ends. Legislation passed by Congress in 1992 and actly what the Bureau is doing by creating two Returning control over the education dollar later amended in 1996, established an Advi- figures, will double costs, lead to an increase for tax credits for parents and for other con- sory Council in California to study and report in litigation with discrepancies over figures, cerned citizens returns control over the ends on the special circumstances facing tribes and increase the chance that the census will of education policy to local communities. Peo- whose status had been terminated. The Coun- not be done in a timely fashion. For the past ple in one community may use this credit to cil's final report, which was submitted to Con- six years, the Census Bureau was against a purchase computers, while children in another gress in September 1997, recommended the two-figure census for the very same reasons. community may, at last, have access to a restoration of the Federated Indians of the This dual-track census is wrong, and they quality music program because of community Graton Rancheria. know it. leaders who took advantage of the tax credit Mr. Speaker, the tribes of the Graton We in Congress have the responsibility to contained in this bill. Rancheria are a rich part of the North Bay's stand up for the American people. They do not Children in some communities may benefit cultural heritage. Terminating their status was want two versions of how many people live in most from the opportunity to attend private, wrong then, and it would be wrong now for us our nation, and have to deal with the resulting parochial, or other religious schools. One of to continue to deny them the recognition that confusion for ten years. I encourage my col- the most encouraging trends in education has they deserve. leagues to consider this dual-track census been the establishment of private scholarship f plan as we consider releasing funding for the programs. These scholarship funds use vol- HONORING THE LIFE OF JUDGE ED Commerce, State, and Justice Departments untary contributions to open the doors of qual- J. HARRIS that is set to expire on June 15. This may be ity private schools to low-income children. By the last opportunity to put the Decennial Cen- providing a tax credit for donations to these sus back on track. programs, Congress can widen the edu- HON. GENE GREEN f cational opportunities and increase the quality OF TEXAS INTRODUCING THE EDUCATION of education for all children. Furthermore, pri- HON. NICK LAMPSON IMPROVEMENT TAX CUT ACT vately-funded scholarships raise none of the OF TEXAS concerns of state entanglement raised by pub- IN THE HOUSE OF REPRESENTATIVES licly-funded vouchers. HON. RON PAUL There is no doubt that Americans will al- Tuesday, March 2, 1999 OF TEXAS ways spend generously on education, the Mr. GREEN of Texas. Mr. Speaker, my col- IN THE HOUSE OF REPRESENTATIVES question is, ``who should control the education league (Mr. LAMPSON) and I ask all of our col- Tuesday, March 2, 1999 dollarÐpoliticians and bureaucrats or the leagues in Congress to join us in paying trib- Mr. PAUL. Mr. Speaker, I rise to introduce American people?'' Mr. Speaker, I urge my ute to an outstanding individual, Judge Ed J. the Education Improvement Tax Cut Act of colleagues to join me in placing control of edu- Harris. Ed passed away on February 10th

∑ 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. E304 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 1999 after leading a long and distinguished life of HONORING OUR NATION’S BEST Chairman LIVINGSTON'S leadership skills and public service and civic duty. AND BRIGHTEST productive energy will be sorely missed on ap- Ed Harris devoted his professional and pri- propriations and in the House. I know that oth- ers have praised BOB for his humor and his in- vate life to serving his home state of Texas. HON. GARY L. ACKERMAN OF NEW YORK tellect. I want to echo those words while I add After graduating from Southwestern University IN THE HOUSE OF REPRESENTATIVES that BOB LIVINGSTON is also a very good in 1941, Ed entered the United States Navy to Tuesday, March 2, 1999 friend. bravely fight for his country for six years dur- Since I came to Congress, he has been a ing World War II. Mr. ACKERMAN. Mr. Speaker, I rise to mentor and much more. He has provided honor and congratulate four outstanding high campaign support when I needed it, but more After devoting his energy towards comple- school students from my Congressional Dis- tion of both his law degree and master's de- importantly he has assisted me with profes- trict, who were recently named as finalists in sional guidance as I learned the ropes in the gree, Ed joined the law firm of Martin, the Intel Science Talent Search. The talent Appropriations Committee. Carmona, Cruse, Micks & Dunten in 1956. Ed search has given each of these students an The House of Representatives has been af- was admired by his colleagues for his devo- opportunity to demonstrate their unique talents fected positively by the work of our colleague tion to the law and constant strive for excel- and capacity for innovation. The students will BOB LIVINGSTON. I know his future endeavors lence, and within two years he became senior be honored this week in Washington with the will be equally successful. I hope he will re- partner. He distinguished himself as a re- thirty-six other finalists. Indeed, it is both hum- member us as fellow combatants in a fight to spected leader and accomplished attorney for bling and inspirational to listen to the accom- cut government waste and return control to the next 21 years. plishments of these dynamic individuals. the American people. It is a great honor to Trevor Bass, of Great Neck, used a genetic have served during this period with BOB LIV- Ed spent thirty-tree years of his extraor- algorithm to analyze the theory of evolution. At INGSTON and I know his work will be a testa- dinary professional career as an elected public Great Neck South High School, Trevor is the ment to his dedication to public service for official, which in of itself is a testament of his coach of the math team and has won several many, many years to come. outstanding leadership capacity and desire to awards in math, computer science and phys- f serve the community he loved. He won the ics. He hopes to attend Harvard University in first of his 17 successful elections in 1961 the fall. INTRODUCING THE FAMILY Lauren Cooper, of Roslyn, studied how gen- when he was elected as Galveston City Coun- EDUCATION FREEDOM ACT der based language influences our percep- cilman, where he served for three years. In tions of Presidential candidates. At Roslyn HON. RON PAUL 1962, Ed's devotion to service led to his elec- High School, Lauren is active in student gov- OF TEXAS tion to the Texas Legislature as a State Rep- ernment and president of the math club. resentative, where he honorably served for Lauren plans to attend Duke University in the IN THE HOUSE OF REPRESENTATIVES fourteen years. fall. Tuesday, March 2, 1999 After Ed completed his tenure as State Rep- Lisa Schwartz, of Roslyn, examined patterns Mr. PAUL. Mr. Speaker, I rise today to intro- resentative, he became State District Judge, in two-way sequences of positive integers for duce the Family Education Freedom Act of her project. At Roslyn High School, Lisa is the where he presided over the administrative, 1999, a bill to empower millions of working- captain of her forensics team and the editor in and middle-class Americans to choose a non- civil, and criminal dockets until his 1993 retire- chief of both her yearbook and newspaper. ment. Ed is remembered by all he encoun- public education for their children, as well as She is currently ranked first in her class of 221 making it easier for parents to actively partici- tered for his kindness and his dedication to students and hopes to attend Harvard Univer- pate in improving public schools. The Family the law. sity in the fall. Education Freedom Act accomplishes its goals Ed lead a rich and active civic life that en- Eric Stern, of Great Neck, has studied the by allowing American parents a tax credit of hanced the lives of the people in his commu- nature of Alzheimer's disease. At Great Neck up to $3,000 for the expenses incurred in nity. He was a devoted parishioner of Moody South High School, Eric has led the marching sending their child to private, public, parochial, band and science club and has won many Memorial First United Methodist Church in other religious school, or for home schooling music, math, and science awards. Next year, Galveston and was a board member of their children. David hopes to attend Yale University. The Family Education Freedom Act returns McMahan's Chapel, the oldest protestant I would also like to take this opportunity to church in Texas. He continued his long dedi- the fundamental principal of a truly free econ- congratulate all the schools in the Fifth Con- omy to America's education system: what the cation to the law through his activity in many gressional District of New York. These stu- great economist Ludwig von Mises called county and state bar associations and in the dents' achievements underscore our commu- ``consumer sovereignty.'' Consumer sov- American Judges Association. Ed also main- nity's commitment to excellence in education. ereignty simply means consumers decide who tained his Navy ties through his participation in These four scholars truly embody the ideals of succeeds or fails in the market. Businesses the Retired Officers association and VFW. innovation, perseverance, and leadership. I that best satisfy consumer demand will be the Ed's desire to help those less fortunate than ask all of my colleagues to join me in honoring most successful. Consumer sovereignty is the he was a constant force in the community. In and congratulating these young men and means by which the free market maximizes fact, in 1986 and 1987, Ed rode in the 175 women, on their many accomplishments, and human happiness. extending to them our best wishes for contin- mile, two-day Houston Muscular Dystrophy Currently, consumers are less than sov- ued success in what appears to be a very Bike Tour, where he earned $14,000 in ereign in the education ``market.'' Funding de- bright future. cisions are increasingly controlled by the fed- pledges for this cause. In 1991, Ed received f the 1st Annual Independence Award from eral government. Because ``he who pays the North Galveston County Democrats for his life- TRIBUTE TO BOB LIVINGSTON, piper calls the tune,'' public, and even private schools, are paying greater attention to the time of devotion to this community. REPRESENTATIVE FROM THE FIRST DISTRICT OF LOUSIANA dictates of federal ``educrats'' while ignoring The death of Ed Harris is a blow to all that the wishes of the parents to an ever-greater loved and respected him. His years of public SPEECH OF degree. As such, the lack of consumer sov- service and devotion to his community HON. JAMES T. WALSH ereignty in education is destroying parental control of education and replacing it with state touched thousands of lives. Those who were OF NEW YORK control. fortunate enough to have known Ed will never IN THE HOUSE OF REPRESENTATIVES Loss of control is a key reason why so forget his kind spirit, his leadership in the com- Tuesday, February 23, 1999 munity, and his dedication and understanding many of America's parents express dis- of the law. He has left a legacy that will never Mr. WALSH. Mr. Speaker, Today I would satisfaction with the educational system. Ac- like to extend my best wishes and prayers to cording to a recent study by The Polling Com- be forgotten. BOB LIVINGSTON and his family as he retires pany, over 70% of all Americans support edu- Mr. Speaker, please join us in paying tribute from the House of Representatives. I know he cation tax credits! This is just one of numerous to the life of Ed Harris. Those of us fortunate has put the best interests of the family ahead studies and public opinion polls showing that enough to have known him are truly blessed. of politics and I respect him deeply for that. Americans want Congress to get the federal CONGRESSIONAL RECORD — Extensions of Remarks E305 bureaucracy out of the schoolroom and give PERSONAL EXPLANATION eight years and $11 million dollars, his vision parents more control over their children's edu- has been realized. The collection's new home cation. HON. LYNN C. WOOLSEY is a state of the art 100,000 square foot dome Today, Congress can fulfill the wishes of the OF CALIFORNIA and adjoining facility which will not only house American people for greater control over their IN THE HOUSE OF REPRESENTATIVES the artifacts but provide a realistic journey children's education by simply allowing par- through the world of prehistoric flora and ents to keep more of their hard-earned money Tuesday, March 2, 1999 fauna. to spend on education rather than force them Ms. WOOLSEY. Mr. Speaker, had I been The Sternberg Collection has long been one to send it to Washington to support education present for rollcall vote No. 28 on February of the premier collections of fossils in the programs reflective only of the values and pri- 25, 1999, I would have voted ``yea'' on final world. It holds the largest collection of fossil orities of Congress and the federal bureauc- passage of the Wireless Privacy Enhancement grasses; it has the third largest collection of racy. Act. flying reptiles, and it's mammal collection The $3,000 tax credit will make a better f ranks in the top 20 in North America. The Col- education affordable for millions of parents. lection's volume of more than 3,750,000 arti- Mr. Speaker, many parents who would choose HONORING FIRE MARSHAL J.J. facts and specimens ranks it the world's larg- to send their children to private, religious, or PRUITT est at a small university. parochial schools are unable to afford the tui- Dr. George M. Sternberg, an army surgeon tion, in large part because of the enormous HON. GENE GREEN began the collection in 1866. His sons devel- tax burden imposed on the American family by OF TEXAS oped a love for fossil hunting, and his son Washington. IN THE HOUSE OF REPRESENTATIVES George F. eventually established his paleon- The Family Education Freedom Act also tology headquarters in 1927 at Kansas State Tuesday, March 2, 1999 benefits parents who choose to send their chil- Teachers College of Hays, now Fort Hays dren to public schools. Although public Mr. GREEN of Texas. Mr. Speaker, I ask all State University. George was made Curator of schools are traditionally financed through local of my colleagues in Congress to join me in Geology and Paleontology and continued to taxes, increasingly, parents who wish their paying tribute to an outstanding individual, Fire manage and add to the Sternbery Collection children to receive a quality education may Marshal J.J. Pruitt. J.J. will retire after nearly until his retirement in 1961. In 1994, the Stern- wish to use their credit to improve their a half-century of fighting and investigating berg Collection was combined with the Mu- schools by helping financing the purchase of fires. seum of the High Plains under one director, educational tools such as computers or extra- J.J. began his career in 1950 when he en- Dr. Jerry Choate. curricular activities such as music programs. tered the Houston Fire Department. He soon The completion of this project marks a Parents of public school students may also distinguished himself among his colleagues major achievement for Fort Hays State Univer- wish to use the credit to pay for special serv- and all who encountered him through his self- sity and the community of Hays. The new fa- ices for their children. lessness, courage, and quick thinking in the Greater parental support and involvement is cility promises to draw scholars and curious most serious of circumstances. surely a better way to improve public schools travelers from around the globe and provide J.J.'s years of distinguished service lead than funneling more federal tax dollars, fol- them with an exciting experience in prehistoric him to a position of responsibility and leader- lowed by greater federal control, into the pub- times. I commend University President Edward ship at the head of Harris County's Fire Mar- lic schools. Furthermore, a greater reliance on H. Hammond and Museum Director Dr. Jerry parental expenditures rather than government shal's Office. As Marshal, J.J. oversaw a $1.3 Choate for their creativity and tenacity in envi- tax dollars will help make the public schools million annual budget, seventeen employees, sioning and completing this project. It is truly into true community schools that reflect the and 29 full-time volunteer departments. He led a landmark accomplishment. wishes of parents and the interests of the stu- his office in planning and coordination of fire f prevention and control services in the unincor- dents. H. CON. RES. 38, PAUL ROBESON The Family Education Freedom Act will also porated areas of Harris County and inves- COMMEMORATIVE POSTAGE aid those parents who choose to educate their tigated arson. STAMP children at home. Home schooling has be- J.J.'s decision to retire is definitely a blow to come an increasingly popular, and successful the Harris County community. His almost fifty method, of educating children. According to years of dedicated service will leave a legacy HON. BOBBY L. RUSH recent studies, home schooled children out- for future fire marshals. Those people who OF ILLINOIS perform their public school peers by 30 to 37 have had the opportunity to work with J.J. are IN THE HOUSE OF REPRESENTATIVES very fortunate to have benefitted from his percentile points across all subjects on nation- Tuesday, March 2, 1999 ally standardized achievement exams. Home leadership and courageous devotion to saving schooling parents spend thousands of dollars lives. Mr. RUSH. Mr. Speaker, I am pleased today annually, in addition to the wages forgone by Mr. Speaker, please join me in thanking Fire to join with several of my colleagues in intro- the spouse who forgoes outside employment, Marshal J.J. Pruitt for his service to Harris ducing a Concurrent Resolution urging the in order to educate their children in the loving County. Those of us who know J.J. are truly U.S. Postal Service's Citizen Stamp Advisory environment of the home. grateful for his leadership and wish him well in Committee to issue a commemorative postage Ultimately, Mr. Speaker, this bill is about all his future endeavors. stamp honoring Paul Leroy Robeson. freedom. Parental control of child rearing, es- f This bill marks an important step in rec- pecially education, is one of the bulwarks of ognizing the many contributions Paul Robeson liberty. No nation can remain free when the STERNBERG MUSEUM OF made to America, especially to the African- state has greater influence over the knowl- NATURAL HISTORY American community. Paul Robeson was a edge and values transmitted to children than well renown African-American athlete, singer, the family. HON. JERRY MORAN actor, and advocate for the civil rights of peo- By moving to restore the primacy of parents OF KANSAS ple. to education, the Family Education Freedom IN THE HOUSE OF REPRESENTATIVES In the midst of segregation, Paul Robeson Act will not only improve America's education, managed to attend Rutgers University and Co- Tuesday, March 2, 1999 it will restore a parent's right to choose how lumbia law school where he rose to academic best to educate one's own child, a fundamen- Mr. MORAN of Kansas. Mr. Speaker, I prominence. Unfortunately, discrimination in tal freedom that has been eroded by the in- would like to recognize the dedication of Dr. the legal field forced Paul Robeson to leave crease in federal education expenditures and Edward H. Hammond on the occasion of the the practice of law. However, he was able to the corresponding decrease in the ability of opening to the new Sternberg Museum of Nat- use his artistic talents in the theater and music parents to provide for their children's edu- ural History on the Fort Hays State University to promote African-American history and cul- cation out of their own pockets. I call on all my Campus in Hays, Kansas. ture. colleagues to join me in allowing parents to In the early 1990's, Fort Hays State Univer- Paul Robeson is revered around the world devote more of their resources to their chil- sity President Edward H. Hammond made the for his artistic talents. Robeson became even dren's education and less to feed the wasteful commitment to raise the funds necessary to more celebrated because of his role as a Washington bureaucracy by supporting the move the impressive Sternberg fossil collec- world famous singer and actor with exquisite Family Education Freedom Act. tion to an equally impressive facility. After performances that included Shakespeare's E306 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 1999 Othello and Showboat. Armed with the knowl- INTRODUCING THE TEACHER TAX with post-Civil War exclusions such as the poll edge of twenty-five languages Robeson was CUT ACT tax and literacy requirements, have been able to sing for peace and justice throughout eliminated. Unfortunately, the United States the world. HON. RON PAUL continues to stand alone among the major in- Last year marked the 100th birthday of Paul OF TEXAS dustrialized nations in permitting an entire cat- Robeson. It is only fitting that we celebrate IN THE HOUSE OF REPRESENTATIVES egory of citizensÐformer felonsÐto be cut off Robeson's legacy by issuing a commemora- from the democratic process. tive postage stamp in his honor. Tuesday, March 2, 1999 Denial of suffrage to these individuals is no f Mr. PAUL. Mr. Speaker, I rise to introduce small matter. A recent study by the Sentenc- the Teacher Tax Cut Act. This bill provides ing Project and Human Rights Watch reveals HONOR AFRICAN-AMERICAN HIS- every teacher in America with a $1,000 tax that some 3.9 million Americans, or one in 50 TORY WITH A MUSEUM ON THE credit, thus raising every teacher's take-home adults, is either currently or permanently MALL pay without increasing federal spending. Pas- disenfranchised as a result of state felony vot- sage of this bill is a major first step toward ing laws. This includes an estimated 1.4 mil- HON. JOHN LEWIS treating those who have dedicated their lives lion African American men, or 13 percent of OF GEORGIA to educating America's children with the re- the total population of black adult men. In two IN THE HOUSE OF REPRESENTATIVES spect they deserve. Compared to other profes- states (Alabama and Florida) almost one in Tuesday, March 2, 1999 sionals teachers are underappreciated and un- three black men is permanently derpaid. This must change if America is to disenfranchised, while in five other states Mr. LEWIS of Georgia. Mr. Speaker, today have the finest education system in the world! (Iowa, Mississippi, New Mexico, Virginia, and I am introducing legislation to establish an Af- Quality education is impossible without qual- Wyoming), one in four black men is barred rican-American Museum on the mall, in Wash- ity teaching. If we want to ensure that the from voting in elections. Hispanic citizens are ington, D.C., as part of the Smithsonian Insti- teaching profession attracts the very best peo- also disproportionately disenfranchised. tution. ple possible we must make sure that teachers In addition to diminishing the legitimacy of The story of black people in America has receive the compensation they deserve. For our democratic process, denying voting rights yet to be told in its entirety. African-American too long now, we have seen partisan battles to ex-offenders is inconsistent with the goal of history is an integral part of our country, yet and displays of heightened rhetoric about who rehabilitation. Instead of reintegrating such in- the richness and variety of that history is little- wants to provide the most assistance to edu- dividuals into society, felony voting restrictions known and little-understood. As tourists from cation distract us from our important work of only serve to reaffirm their feelings of alien- all over the world come to visit our Nation's removing government-imposed barriers to ation and isolation. As the National Advisory Capital, they will not be able to learn the full educational excellence. Commission on Criminal Justice Standards history of black people in America. This mu- Since America's teachers are underpaid be- and Goals has concluded, ``if correction is to seum represents a great opportunityÐto cause they are overtaxed, the best way to reintegrate an offender into free society, the showcase our history in its diversity and raise teacher take-home pay is to reduce their offender must retain all attributes of citizen- breadth, and to make the understanding of taxes. Simply by raising teacher's take-home ship.'' Clearly this includes votingÐthe most American history more complete. pay via a $1,000 tax credit we can accomplish basic constitutive act of citizenship. Did you know that Dr. Daniel Hale Williams a number of important things. First, we show The legislation I am today introducing con- was a pioneering heart surgeon that played a a true commitment to education. We also let stitutes a narrowly crafted effort to expand vot- vital role in the discovery of open-heart sur- America's teachers know that the American ing rights for ex-felons, while protecting state gery? And that Ernest Everett Just, Percy Ju- people and the Congress respect their work. prerogatives to generally establish voting lian and George Washington Carver were all Finally, and perhaps most importantly, by rais- qualifications. The legislation would only apply outstanding scientists? Educators such as ing teacher take-home pay, the Teacher Tax to persons who have been released from pris- W.E.B. DuBois and Benjamin E. Mays left an Cut Act encourages high-quality professionals on, and it would only apply to federal elec- indelible mark on this country. The Harlem to enter, and remain in, the teaching profes- tions. As such, my bill is fully consistent with Renaissance produced poets, writers and mu- sion. constitutional requirements established by the sicians like Countee Cullen, Langston Hughes In conclusion, Mr. Speaker, I once again Supreme Court in a series of decisions up- and Duke Ellington. The civil rights movement ask my colleagues to put aside partisan bick- holding federal voting rights laws. The legisla- changed the face of this country and inspired ering and unite around the idea of helping tion is supported by a broad coalition of movements toward democracy and justice all educators by supporting the Teacher Tax Cut groups interested in voting and civil rights, in- over the worldÐproducing great leaders like Act. cluding the NAACP, ACLU, the National Coun- Martin Luther King, Jr., and Whitney Young. f cil of Churches (National and Washington Of- Too few people know that Benjamin Banneker, fice), the National Urban League, the Human an outstanding mathematician, along with INTRODUCTION OF CIVIC PARTICI- Rights Watch and the Lawyers Committee for Pierre L'Enfant, designed the District of Co- PATION AND REHABILITATION Civil Rights, among many others. lumbia. There are many more and their stories ACT OF 1999 f must be told. Until we understand the African-American HON. JOHN CONYERS, JR. CONGRATULATING THE MERINO story in its fullness and complexity, we cannot OF MICHIGAN HIGH SCHOOL BOYS BASKET- understand ourselves and our nation. We IN THE HOUSE OF REPRESENTATIVES BALL TEAM must know who we are and where we have come from so that we may move forward to- Tuesday, March 2, 1999 HON. BOB SCHAFFER gether. And we recognize the importance of all Mr. CONYERS. Mr. Speaker, I am pleased OF COLORADO our people and all of our history. The estab- to today introduce, along with 27 cosponsors, IN THE HOUSE OF REPRESENTATIVES lishment of the museum would be one impor- the Civil Participation and Rehabilitation Act of tant step toward achieving greater understand- 1999. This legislation grants persons who Tuesday, March 2, 1999 ing as a nation and as a people. have been released from incarceration the Mr. SCHAFFER. Mr. Speaker, I rise today It is my hope and prayer that as we pre- right to vote in Federal elections. At a time to honor the Merino High School boys basket- serve these important moments in history, we when our Nation faces record low voter partici- ball team on their Class A District 4 Cham- will inspire future generations to dream, to pation, this legislation represents an historic pionship. write, to march and to teach. As they are able means of both expanding voting rights while The Merino players, led by Coach Dave to look back at all that has been accom- helping to reintegrate former felons into our Kautz, will now advance to the next level in plished, they will be able to look forward and democratic society. the state basketball playoffs and their shot at believe in the future of our great country. The practice of many states denying voting the Colorado State A Championship. I am pleased and delighted that many of my rights to former felons represents a vestige All teams, no matter what the sport, contin- colleagues have joined me in cosponsoring from a time when suffrage was denied to ually strive to find that special and unique this bill. I urge all my colleagues of the 106th whole classes of our population based on combination of teamwork, leadership, skill and Congress to support this worthwhile and im- race, sex, and property. However, over the effort which unlocks the door to success. portant legislation. past two centuries, these restrictions, along Under careful tutelage, hard-working teams CONGRESSIONAL RECORD — Extensions of Remarks E307 not only win games, but also build the con- Greater challenges remain, however, and I Championship. No matter what the outcome of fidence necessary to win championships. wish the Granada High School boys basketball the next game, this team has proven it has the Clearly, these dedicated hoopsters have found team the best of luck in the Colorado A State heart of a champion, and can take pride in the this winning formula and attained the next Championship. No matter what the outcome of District 6 Championship. rung of sporting success. the next game, this team has proven it has the f Greater challenges remain, however, and I heart of a champion, and can take pride in the wish the Merino High School boys basketball District 2 Championship. CONGRATULATING THE STRAS- team the best of luck in the Colorado A State f BURG HIGH SCHOOL GIRLS BAS- Championship. No matter what the outcome of KETBALL TEAM the next game, this team has proven it has the CONGRATULATING THE SWINK heart of a champion, and can take pride in the HIGH SCHOOL GIRLS BASKET- HON. BOB SCHAFFER District 4 Championship. BALL TEAM OF COLORADO f IN THE HOUSE OF REPRESENTATIVES HON. BOB SCHAFFER CONGRATULATING THE KIM HIGH Tuesday, March 2, 1999 OF COLORADO SCHOOL BOYS BASKETBALL TEAM Mr. SCHAFFER. Mr. Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES to honor the Strasburg High School girls bas- HON. BOB SCHAFFER Tuesday, March 2, 1999 ketball team on their Class 2A District 8 OF COLORADO Mr. SCHAFFER. Mr. Speaker, I rise today Championship. IN THE HOUSE OF REPRESENTATIVES to honor the Swink High School girls basket- The Strasburg players, led by Coach Merci Ames, will now advance to the next level in Tuesday, March 2, 1999 ball team on their Class 2A District 4 Cham- pionship. the state basketball playoffs and their shot at Mr. SCHAFFER. Mr. Speaker, I rise today The Swink players, led by Coach DeDe the Colorado State 2A Championship. to honor the Kim High School boys basketball Shiplet, will now advance to the next level in All teams, no matter what the sport, contin- team on their Class A District 3 Champion- the state basketball playoffs, and their shot at ually strive to find that special and unique ship. the Colorado State 2A Championship. combination of teamwork, leadership, skill and The Kim players, led by coach Gary Page, All teams, no matter what the sport, contin- effort which unlocks the door to success. will now advance to the next level in the state ually strive to find that special and unique Under careful tutelage, hard-working teams basketball playoffs and their shot at the Colo- combination of teamwork, leadership, skill and not only win games, but also build the con- rado State A Championship. effort which unlocks the door to success. fidence necessary to win championships. All teams, no matter what the sport, contin- Under careful tutelage, hard-working teams Clearly, these dedicated hoopsters have found ually strive to find that special and unique not only win games, but also build the con- this winning formula and attained the next combination of teamwork, leadership, skill and fidence necessary to win championships. rung of sporting success. effort which unlocks the door to success. Clearly, these dedicated hoopsters have found Greater challenges remain, however, and I Under careful tutelage, hard-working teams this winning formula and attained the next wish the Strasburg High School girls basket- not only win games, but also build the con- rung of sporting success. ball team the best of luck in the Colorado 2A fidence necessary to win championships. State Championship. No matter what the out- Greater challenges remain, however, and I Clearly, these dedicated hoopsters have found come of the next game, this team has proven wish the Swink High School girls basketball this winning formula and attained the next it has the heart of a champion, and can take team the best of luck in the Colorado 2A State rung of sporting success. pride in the District 8 Championship. Championship. No matter what the outcome of Greater challenges remain, however, and I the next game, this team has proven it has the f wish the Kim High School boys basketball heart of a champion, and can take pride in the team the best of luck in the Colorado A State CONGRATULATING THE HOEHNE District 4 Championship. Championship. No matter what the outcome of HIGH SCHOOL BOYS BASKET- the next game, this team has proven it has the f BALL TEAM heart of a champion, and can take pride in the CONGRATULATING THE FOWLER District 3 Championship. HIGH SCHOOL GIRLS BASKET- HON. BOB SCHAFFER f BALL TEAM OF COLORADO IN THE HOUSE OF REPRESENTATIVES CONGRATULATING THE GRANADA HIGH SCHOOL BOYS BASKET- HON. BOB SCHAFFER Tuesday, March 2, 1999 BALL TEAM OF COLORADO Mr. SCHAFFER. Mr. Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES to honor the Hoehne High School boys bas- HON. BOB SCHAFFER Tuesday, March 2, 1999 ketball team on their Class 2A District 6 OF COLORADO Championship. Mr. SCHAFFER. Mr. Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES The Hoehne players, led by Coach Chuck to honor the Fowler High School girls basket- Pugnetti, will now advance to the next level in Tuesday, March 2, 1999 ball team on their Class 2A District 6 Cham- the state basketball playoffs and their shot at Mr. SCHAFFER. Mr. Speaker, I rise today pionship. the Colorado State 2A Championship. to honor the Granada High School boys bas- The Fowler players, led by Coach Greg All teams, no matter what the sport, contin- ketball team on their Class A District 2 Cham- Fruhwirth, will now advance to the next level ually strive to find that special and unique pionship. in the state basketball playoffs and their shot combination of teamwork, leadership, skill and The Granada players, led by Coach Manuel at the Colorado State 2A Championship. effort which unlocks the door to success. Gonzales, will now advance to the next level All teams, no matter what the sport, contin- Under careful tutelage, hard-working teams in the state basketball playoffs and their shot ually strive to find that special and unique not only win games, but also build the con- at the Colorado State A Championship. combination of teamwork, leadership, skill and fidence necessary to win championships. All teams, no matter what the sport, contin- effort which unlocks the door to success. Clearly, these dedicated hoopsters have found ually strive to find that special and unique Under careful tutelage, hard-working teams this winning formula and attained the next combination of teamwork, leadership, skill and not only win games, but also build the con- rung of sporting success. effort which unlocks the door to success. fidence necessary to win championships. Greater challenges remain, however, and I Under careful tutelage, hard-working teams Clearly, these dedicated hoopsters have found wish the Hoehne High School boys basketball not only win games, but also build the con- this winning formula and attained the next team the best of luck in the Colorado 2A State fidence necessary to win championships. rung of sporting success. Championship. No matter what the outcome of Clearly, these dedicated hoopsters have found Greater challenges remain, however, and I the next game, this team has proven it has the this winning formula and attained the next wish the Fowler High School girls basketball heart of a champion, and can take pride in the rung of sporting success. team the best of luck in the Colorado 2A State District 6 Championship. E308 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 1999 CONGRATULATING THE PLATTE CONGRATULATING THE EATON at Mount San Antonio, CA State University VALLEY HIGH SCHOOL BOYS HIGH SCHOOL GIRLS BASKET- Fresno, and the University of Nevada at Las BASKETBALL TEAM BALL TEAM Vegas. Supervisor Harness is a retired farmer, building contractor, and land developer. He is HON. BOB SCHAFFER a life member of the Alta District Historical So- HON. BOB SCHAFFER OF COLORADO ciety, a member of the Cutler-Orosi Lions IN THE HOUSE OF REPRESENTATIVES Club, past chairman of the board for the OF COLORADO Dinuba Christian Church, and a former direc- IN THE HOUSE OF REPRESENTATIVES Tuesday, March 2, 1999 tor of the Alta Hospital Foundation. Mr. SCHAFFER. Mr. Speaker, I rise today Mr. Speaker, I rise today to pay tribute to Tuesday, March 2, 1999 to honor the Eaton High School girls basket- the Honorable Charles Harness on the occa- sion of his retirement. Charles Harness has Mr. SCHAFFER. Mr. Speaker, I rise today ball team on their Class 3A District 3 Cham- served the people of the Fourth District for to honor the Platte Valley High School boys pionship. more than 8 years. I urge all my colleagues to basketball team on their Class 3A District 3 The Eaton players, led by coach Bob Ervin, join me in congratulating Charles on a job well Championship. will now advance to the next level in the state basketball playoffs and their shot at the Colo- done and to wish him many years of contin- The Platte Valley players, led by Coach rado State 3A Championship. ued happiness and success. Dave Mekelburg, will now advance to the next All teams, no matter what the sport, contin- f level in the state basketball playoffs and their ually strive to find that special and unique shot at the Colorado State 3A Championship. LEGISLATION REGARDING INDIA combination of teamwork, leadership, skill and AND PAKISTAN All teams, no matter what the sport, contin- effort which unlocks the door to success. ually strive to find that special and unique Under careful tutelage, hard-working teams combination of teamwork, leadership, skill and not only win games, but also build the con- HON. BENJAMIN A. GILMAN OF NEW YORK effort which unlocks the door to success. fidence necessary to win championships. IN THE HOUSE OF REPRESENTATIVES Under careful tutelage, hard-working teams Clearly, these dedicated hoopsters have found not only win games, but also build the con- this winning formula and attained the next Tuesday, March 2, 1999 fidence necessary to win championships. rung of sporting success. Mr. GILMAN. Mr. Speaker, today I am intro- Clearly, these dedicated hoopsters have found Greater challenges remain, however, and I ducing H. Res. 84, legislation recognizing the this winning formula and attained the next wish the Eaton High School girls basketball recent achievements of the Republic of India rung of sporting success. team the best of luck in the Colorado 3A State and the Islamic Republic of Pakistan in foster- Championship. No matter what the outcome of Greater challenges remain, however, and I ing peaceful relations between the two na- the next game, this team has proven it has the wish the Platte Valley High School boys bas- tions. heart of a champion, and can take pride in the This past week, Prime Minister Atal Behari ketball team the best of luck in the Colorado District 3 Championship. Vajpayee of India courageously crossed the 3A State Championship. No matter what the long tense Punjabi border to visit his Pakistani outcome of the next game, this team has f host and counterpart, Prime Minister Nawaz proven it has the heart of a champion, and A TRIBUTE TO THE HONORABLE Sharif. This visit, the first by an Indian premier can take pride in the District 3 Championship. CHARLES HARNESS to Pakistan in ten years, was only the third f such visit since Partition in 1947. Prime Min- HON. GEORGE RADANOVICH ister Vajpayee refused to cancel his trip de- CONGRATULATING THE WELD CEN- OF CALIFORNIA spite a recent horrific and despicable terrorist TRAL HIGH SCHOOL BOYS BAS- IN THE HOUSE OF REPRESENTATIVES attack in Jammu killing 20 civilians. During their summit, the two leaders signed KETBALL TEAM Tuesday, March 2, 1999 the ``Lahore Declaration,'' which commits India Mr. RADANOVICH. Mr. Speaker, I rise and Pakistan to reaching universal nuclear today to pay tribute to the Honorable Charles disarmament and non-proliferation and reaf- HON. BOB SCHAFFER Harness on the occasion of his retirement firms there commitment not to conduct future OF COLORADO from the Tulare County Board of Supervisors. nuclear tests. In this agreement, the parties The people of the Fourth District have been IN THE HOUSE OF REPRESENTATIVES have also agreed to engage in bilateral con- well served by Charles Harness for the past 8 sultations on security, disarmament, and non- Tuesday, March 2, 1999 years. proliferation issues and have issued a con- Charles Harness was first elected to the demnation of terrorism. Mr. SCHAFFER. Mr. Speaker, I rise today Board of Supervisors in 1990, and was re- Since Partition, India and Pakistan, together to honor the Weld Central High School boys elected without opposition in 1994. In 1998, the home of more than one-fifth of the world's basketball team on their Class 3A District 2 Supervisor Harness served as chairman of the population, have fought three wars against Championship. board. As the Board's legislative advocate, each other. The conflict in Kasmir has cost The Weld Central players, led by Coach Supervisor Harness successfully worked with 30,000 to 50,000 civilian lives. Gary Stone, will not advance to the next level State legislators to upgrade county services H. Res. 84 praises this positive step taken in the state basketball playoffs and their shot and promote innovative programs to better by the leadership of India and Pakistan in re- at the Colorado State 3A Championship. serve the people of Tulare County. solving the differences of these two neighbor- In addition to his Board responsibilities, Su- ing countries, sharing so much history and cul- All teams, no matter what the sport, contin- pervisor Harness was a leader in numerous ture, through diplomacy and celebrates this ually strive to find that special and unique State and regional intergovernmental organi- small victory for dialogue. Accordingly, I urge combination of teamwork, leadership, skill and zations. From 1993 to 1997, he was a mem- my colleagues to support H. Res. 84. I request effort which unlocks the door to success. ber of the Governing Board of San Joaquin the full text of H. Res. 84, be printed in the Under careful tutelage, hard-working teams Valley Unified Air Pollution Control District, RECORD at this point. not only win games, but also build the con- and in 1996, he served as its chairman. Su- H. RES.— fidence necessary to win championships. pervisor Harness also served on the Gov- Clearly, these dedicated hoopsters have found Whereas on February 22, 1999, the Prime ernor's Williamson Act Advisory Task Force. Minister of India and the Prime Minister of this winning formula and attained the next He is a member of the Government and Fi- the Islamic Republic of Pakistan signed the rung of sporting success. nance Operations Committee for the California ‘‘Lahore Declaration’’ to develop and secure Greater challenges remain, however, and I State Association of Counties, while remaining a durable peace and to develop harmonious wish the Weld Central High School boys bas- active in the Tulare County Association of relations and friendly cooperation between the two nations; ketball team the best of luck in the Colorado Governments. Whereas the Lahore Declaration states and 3A State Championship. No matter what the A native Californian, Supervisor Harness is affirms the commitment of the Republic of outcome of the next game, this team has married with two children and four grand- India and the Islamic Republic of Pakistan proven it has the heart of a champion, and children. He served in the United States Air to the objective of universal nuclear disar- can take pride in the District 2 Championship. Force from 1957 to 1961. He attended college mament and non-proliferation; CONGRESSIONAL RECORD — Extensions of Remarks E309 Whereas the Republic of India and the Is- Bev Bodem has been involved in her district power shortages. And finally, in just the last lamic Republic of Pakistan have reaffirmed and her community in many ways outside of year, federal agents in one border sector their commitment to continue to abide by her elected office. Such organizations as the alone seized 132 tons of marijuana and more their respective unilateral moratorium on conducting further nuclear test explosions; Big Brothers/Big Sisters of Alpena, the Thun- than 3 tons of cocaine worth a total of $408 Whereas the Republic of India and the Is- der Bay Arts Council, the Alpena Lions Club, million. lamic Republic of Pakistan have agreed to the Alpena General Hospital Auxiliary and the I recently cosigned a letter with a number of take immediate steps to reduce the risk of League of Women Voters have benefited from my colleagues imploring the President to fill a accidental or unauthorized use of nuclear her willingness to serve and work for the bet- backlog of vacant Border Patrol positions. But weapons; terment of her community. clearly this is not enough. By the time those Whereas the Republic of India and the Is- Bev, her husband Dennis and daughter Jen- positions are filled with qualified candidates, lamic Republic of Pakistan have agreed to nifer, a school teacher, always presented a liv- who knows how many more illegal drugs will commence bilateral consultations on secu- rity, disarmament and non-proliferation ing picture of a warm, friendly and proud fam- hit our streets and reach our children? issues within the context of negotiations on ily of public service to all northern Michigan. Mr. Speaker, it's time to put a stranglehold these issues in multilateral form; and Bev always demonstrated the ``best'' of politics on our borders once and for all. I urge all Whereas the Republic of India and the Is- by working hard for all the people of her dis- members to cosponsor H.R. 628. lamic Republic of Pakistan have reaffirmed trict, and she did so with a warm, friendly f their condemnation of terrorism in all its smile on her face. It was obvious she enjoyed forms and manifestations and their deter- her legislative career, and her constituents, TRIBUTE TO THE LATE NAVY LT. mination to combat this menace: Now, COMMANDER KURT BARICH therefore, be it enjoyed having her as their representative. Resolved, That the House of The people of northern Michigan will miss Representatives— Bev Bodem as the state representative, and I HON. HEATHER WILSON (1) recognizes the significance and impor- will miss working with her. OF NEW MEXICO tance of the Lahore Declaration as a step to- f IN THE HOUSE OF REPRESENTATIVES ward durable peace and the development of harmonious relations and friendly coopera- IN SUPPORT OF H.R. 628 Tuesday, March 2, 1999 tion between the Republic of India and the Mrs. WILSON. Mr. Speaker, I wish to bring Islamic Republic of Pakistan; and to your attention the service to our country of (2) supports the commitment of the Repub- HON. JAMES A. TRAFICANT, JR. lic of India and the Islamic Republic of Paki- OF OHIO Navy Lt. Commander Kurt Barich. Lt. Com- stan to universal nuclear disarmament, non- IN THE HOUSE OF REPRESENTATIVES mander Barich recently died in service to our country in an aircraft accident aboard the air- proliferation, and peaceful regional rela- Tuesday, March 2, 1999 tions. craft carrier U.S.S. Enterprise. Mr. TRAFICANT. Mr. Speaker, I rise today f Kurt Barich moved to Albuquerque, NM, in support of legislation I introduced on Feb- with his family in 1970, going to school at TRIBUTE TO FORMER MICHIGAN ruary 8, 1999, which would authorize the de- Sandia High School and the University of New STATE REPRESENTATIVE BEV- ployment of U.S. troops to assist law enforce- Mexico before joining the Navy. Kurt was a ERLEY A. BODEM ment in patrolling U.S. borders. I urge all member of the squadron VAQ±130, the Members to cosponsor this important piece of ``Zappers,'' based at Naval Air Station HON. BART STUPAK legislation. Whidbey Island, WA. OF MICHIGAN Our current program to stop drugs from Lt. Commander Kurt Barich flew 39 combat coming into America is a joke. Eighty percent IN THE HOUSE OF REPRESENTATIVES missions in the Gulf War in A±6 Intruder of the cocaine and heroin smuggled into ground attack jets off the carrier U.S.S. Ken- Tuesday, March 2, 1999 America is transited across the U.S.-Mexico nedy. After the Navy retired the A±6, Kurt Mr. STUPAK. Mr. Speaker, I would like to border. We are losing the war on drugs. If Barich began flying the Prowler, an electronic pay tribute today to Beverly Bodem, a former hundreds of thousands of U.S. soldiers can be warfare variant designed to jam enemy radar representative to the Michigan House of Rep- sent all over the world to protect other coun- and destroy radar sights. He served his coun- resentatives from the 106th Representative tries, certainly a few thousand can be rede- try honorably and with distinction receiving nu- District, which is comprised of four counties in ployed here in the U.S. to help protect Amer- merous medals and decorations in his 13 my congressional district. ica from the scourge of drugs. years in the Navy, including four Air Medals, First elected to the House in 1990, Bev My bill, H.R. 628, authorizes the Department three Navy Commendations and four Navy Bodem has just concluded her service in that of Defense to assign U.S. troops to assist fed- Achievement Medals. body because of the Michigan term limits law. eral law enforcement in monitoring and patrol- Kurt Barich was aboard the U.S.S. Enter- This law was enacted at the will of the voters ling U.S. borders, and inspecting cargo, vehi- prise on his last mission as it sailed for Nor- of Michigan, but I have to confess that in this cles and aircraft at points of entry into the U.S. folk, VA, and then on to the Middle East to case I believe the law has turned a hard-work- Under the bill such assistance could be pro- protect vital American interests. Join me today ing and well-respected public servant out of vided only at the express request of the U.S. as we honor Lt. Commander Kurt Barich for office. Attorney General or Secretary of the Treasury. his service to our country. We will only remain Bev Bodem was known especially for her The bill also mandates special law enforce- a free country as long as there are men and constituent service and for paying attention to ment training for troops deployed to border women ready to protect our freedoms. Let us the people in her northern Michigan district. areas, requires all U.S. troops patrolling the also send our thanks and our sympathies to These efforts cut across party lines, and Bev border to be accompanied by federal law en- his family for their support for his service in was willing to work arm and arm with me on forcement agents, bars soldiers from making the Navy. issues that affected the people she was elect- arrests, and requires the federal government f ed to serve. to notify state and local government officials of One of the issues which she successfully any deployment of U.S. troops. Last year the TRIBUTE TO DALE JACOBS tackled was the problem faced by resort oper- House overwhelmingly approved a similar pro- ators and other tourism-based industries in her vision that I sponsored as an amendment to HON. BRAD SHERMAN district, a district which straddles the northern the FY 1999 DoD bill. The amendment, how- OF CALIFORNIA tip of Lower Michigan to touch both Lake ever, was dropped during a House-Senate IN THE HOUSE OF REPRESENTATIVES Michigan and Lake Huron, Because the state's conference. school year began before Labor Day, resorts, Make no mistake about it, the Border Patrol, Tuesday, March 2, 1999 restaurants and other tourism businesses lost INS and Customs Service desperately need Mr. SHERMAN. Mr. Speaker, I rise today to much of the summer help. Students them- the help our military could provide. For exam- pay tribute to Dale Jacobs in celebration of his selves had to leave good summer jobs before ple, only three out of every 100 trucks coming dedication to community service and vol- the official end of the tourist season. Bev into the U.S. from Mexico are inspected. In unteering. worked hard to adjust the school year to begin addition, recent news reports reveal that the As Dale is being honored this week by the after Labor Day, benefitting employers, em- INS is considering releasing thousands of dan- Tarzana Chamber of Commerce, it seems an ployees, and the many guests and visitors to gerous illegal aliens currently being held in de- appropriate time to acknowledge his distin- our beautiful state. tention centers because of funding and man- guished career and extraordinary contributions E310 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 1999 to the development of our community and our sor Parounag Thomasian, Kersan Aharonian IN MEMORY OF MARY COOPER country. and Harchia Setrakian, Esq. The association STRINGER Since becoming a resident of the Valley, is headquartered in Watertown, MA and has over 20 years ago, Dale has continually chapters throughout the United States as well HON. CHARLES W. ‘‘CHIP’’ PICKERING strived to make his home and community a as in Armenia, Canada, France, Egypt, Argen- OF MISSISSIPPI better place to live. He sacrifices his personal tina, Belgium and Greece. During the Arme- IN THE HOUSE OF REPRESENTATIVES time, energy, and money so that others may nian genocide of 1915±1923, the Fresno benefit. At one point he was involved with 22 Chapter of the Tekeyan Cultural Association Tuesday, March 2, 1999 local organizations simultaneously. significantly contributed to the welfare and Mr. PICKERING. Mr. Speaker, I rise today His children Joel and Angela have been a support of orphans. to pay tribute to a remarkable lady, and con- tremendous inspiration to him giving him the Mr. Speaker, it is with great honor that I pay stituent of mine from the Third District, Mrs. desire to ensure that their lives, and the lives tribute to Vahan Tekeyan on the 120th anni- Mary Cooper Stringer, who passed away on of other children, can be as fulfilling as pos- versary of his birth and to the Tekeyan Cul- Friday January 15, 1999, in Forest, Mis- sible. He is an active member of A.Y.S.O. as tural Association Fresno Chapter. Their dedi- sissippi, following a short illness. The Mis- a Division Manager, Treasurer, coach, and cation to preserving Armenian heritage and sissippi State Senate adjourned January 18, even referee. In addition, he has also taken an their significant support of numerous noble 1999, in her honor. active role in their education, having served as causes is to be commended. I invite my col- Mrs. Stringer, along with her husband Rob- past President of the Portola Middle School leagues to join me in this recognition. ert P. ``Bob'' Stringer, lived in the Forest com- Booster Club, Vice-President of the Wilbur Av- munity for the past 40 years and was actively enue Elementary School Booster Club, Presi- f involved in community and local affairs. She dent of the Reseda High School PTSA, and was a graduate of Mississippi State College Treasurer of Parents for Public Schools. TRIBUTE TO FORMER MICHIGAN for Women, a member of the Eastern Star, Dale has also played an active role in the STATE REPRESENTATIVE ALLEN and worked for the Pentagon after graduating business community. A certified public ac- L. LOWE from college. countant, Dale has been a partner with Sand- When not doting on her husband, Mrs. ler, Powell, Jacobs & Berlin since 1988. A Stringer was cheering and backing her favorite member of the Tarzana Chamber for many HON. BART STUPAK team, the Mississippi State Bulldogs and striv- years Dale has been serving as their Presi- OF MICHIGAN ing to make her hometown the best it could dent since 1997 where he has focused on ex- IN THE HOUSE OF REPRESENTATIVES be. Mrs. Stringer's first love was her husband panding membership, encouraging activism, Tuesday, March 2, 1999 Bob, their two daughters, Jean and Anne and and serving the community. We are fortunate their two sons, Robert and Johnny, along with that he is being reinstalled as President of the Mr. STUPAK. Mr. Speaker, I would like to their 13 grandchildren and one great grand- Tarzana chamber for yet another year. pay tribute today to Allen Lowe, a former rep- son. When he does have free time Dale enjoys resentative to the Michigan House of Rep- Mrs. Stringer was a very astute business- Civil War Reenacting with his wife Bobbe, of resentatives from the 105th Representative woman and a close friend of my predecessor 27 years, and the rest of his family. He is District, which includes five counties in my Congressman G.V. ``Sonny'' Montgomery. She Treasurer of the Fort Tejon Historical Associa- congressional district. was very helpful and active in the planning of tion and spent last summer participating in a First elected to the House in 1992, Allen the Annual Montgomery Hunters Stew which reenactment of the Battle of Gettysburg at Lowe has just concluded his service in that Bob hosted for Congressman Montgomery Gettysburg, Pennsylvania. body because of the Michigan term limits law. each January, for the past 22 years. Mr. Mohandas Gandhi once said that ``You find This law was enacted at the will of the voters Stringer served on the Forest Board of Alder- yourself by losing yourself in service to your of Michigan, but I have to confess that in this man for four terms before his retirement in fellow man, your God and country.'' I cannot case I believe the law has turned our of office June 1997. think of a more fitting tribute to Dale. Thanks a dedicated public servant who was deeply The legacy that Mrs. Stringer leaves behind to his leadership, courage, and dedication, our concerned about the welfare of his constitu- will be very hard to emulate. She was a much community is an ideal place to raise a family, ents. admired lady. I extend my sympathy to her start a business, or become involved in com- I know that Allen traveled extensively husband ``Bob'', and other family members munity activities. throughout his district, because I pride myself while expressing my appreciation and that of Mr. Speaker, distinguished colleagues, every citizen of the 3rd District for her life of please join me in honoring Dale Jacobs for all on returning to my district each week to par- ticipate in community events, and many times service. of his contributions to our community. f f I found Allen attending the same events. Allen Lowe was a legislator with deep con- A TRIBUTE TO FRED STARRH A TRIBUTE TO VAHAN TEKEYAN victions, and although I did not always agree AND TO THE TEKEYAN CUL- with his position on issues, I have always had TURAL ASSOCIATION the greatest respect for the way in which he HON. WILLIAM M. THOMAS presented and defended these convictions. OF CALIFORNIA HON. GEORGE RADANOVICH Like myself, Allen was a graduate of Cooley IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Law School. Like myself, he was a pro-life leg- Tuesday, March 2, 1999 IN THE HOUSE OF REPRESENTATIVES islator. And like myself, he was not afraid to Mr. THOMAS. Mr. Speaker, I want to join Tuesday, March 2, 1999 challenge Michigan's governor on issues that my friends in Kern County who share a mutual he believed would be detrimental to his north- Mr. RADANOVICH. Mr. Speaker, I rise goal of improving educational opportunities in ern Michigan constituents, despite that fact today to pay tribute to Vahan Tekeyan on the our schools, as we honor one of our finest that Allen and the governor were members of 120th anniversary of his birth and to the friends, Fred Starrh, a man devoted to helping the same political party. Tekeyan Cultural Association. his neighbors, a man always willing to do the Vahan Tekeyan was born in Constantinople, Allen brought to his job a broad involvement hard work, a man who pride in his country is Turkey in 1878. He gained prominence as one in community issues. He has been a teacher visible to everyone he meets. Tonight we of the most celebrated poets in Armenian his- and school administrator, and he involved him- honor one aspect of this man's accomplish- tory. Tekeyan is credited with contributing to self in activities and organizations that served mentÐhis achievements and commitment to saving the Armenian language through his his Michigan district, including the Michigan thousands of Kern County high school stu- vast writings. It is said that he gave poetry a Farm Bureau, the Camp Grayling Conserva- dents during his tenure as a trustee of the melody all its own. Tekeyan is recognized tion Club, and the Friends of Hartwick Pines. Kern High School District. both as a poet of the people and as a poet's I will miss doing parades with him, debating As a trustee and Past President, Fred poet. He courageously met and conquered nu- issues, and, as always, working with him on Starrh has devoted a tremendous amount of merous challenges during his lifetime. Vahan issues of importance to his state representa- time and effort to preparing Kern County's Tekeyan died in Cairo, Egypt at the age of 67. tive district. children for their future. Those who have The Tekeyan Cultural Association was I believe the people of the 105th Represent- worked with Fred know he puts his all into founded in Beirut, Lebanon in 1947 by Profes- ative District were well-served by Allen Lowe. every project he takes on. His service on the CONGRESSIONAL RECORD — Extensions of Remarks E311 Board of Trustees is a testament to his char- SVMH has long been on the cutting edge of TRIBUTE TO BOB LIVINGSTON, acter and devotion to all the families in Kern technology in Health care services. Located in REPRESENTATIVE FROM THE County who have sent their children to Kern Salinas in my Central California Coast district, FIRST DISTRICT OF LOUISIANA high schools. Fred Starrh served us all well by SVMH has developed state-of-the-art heart watching over the myriad issues that come be- and cardiac health services. It works in tan- SPEECH OF fore those entrusted with the management of dem with NASA in using high-resolution equip- HON. JOHN D. DINGELL the education provided to our kids during the ment to uncover the secrets of the human OF MICHIGAN critically important four years of high school health system. It also has established a long- IN THE HOUSE OF REPRESENTATIVES study. term Health care facility for senior care that I know people from all over the United Tuesday, February 23, 1999 scores high marks by the health care industry. States who rely on Fred Starrh's advice and Mr. DINGELL. Mr. Speaker, I rise this counsel. Fred has friends everywhere, and Because of SVMH's expertise and experi- evening to pay tribute to a colleague who has years of working together make me honored ence, it has reached out to the international built a fine legacy of accomplishment as an to be included among them. Few people are community to help. China, with the largest adept and effective legislatorÐand leaderÐof as dedicated and as much fun to work with as population on earth and yet some of the most this institution in which we all are honored to we all know Fred Starrh to be. remote and underserved populations, was a serve. BOB LIVINGSTON's leaving leaves a void f key target for assistance. Partnering with As- that is not easily filled, as his colleagues from Louisiana have attested tonight. I wish BOB RECOGNITION OF VOCATIONAL sist International Rotary International Mar- and Bonnie all the best as they embark on EDUCATION WEEK quette Medical Services, SVMH will send a team of doctors and professional staff to their new life, and am certain that BOB will HON. GEORGE E. BROWN, JR. Chengdu, China and Kunming, China today. continue to contribute to the public interest in This international team of hope willÐ the future. OF CALIFORNIA BOB, you will definitely be missed here, and IN THE HOUSE OF REPRESENTATIVES Donate and install $1 million worth of high- as you leave Congress, you should take pride Tuesday, March 2, 1999 tech medical equipment in the Yunnan Red in your record of accomplishment for the State Mr. BROWN of California. Mr. Speaker, I Cross Hospital in Kunming and The First Med- of Louisiana and the Nation. Good luck to you. rise today to recognize national and local ef- ical School, The First University Hospital, f forts in vocational education and career prepa- West China University of Medical Sciences in Chengdu; LACKAWANNA VALLEY HERITAGE ration training. I commend the American Voca- AREA ACT tional Association for designating February Educate and train the medical staff of both 14±20, as Vocational Education Week. The hospitals on the latest technologies and prac- HON. DON SHERWOOD over 14 million students and 26,000 institu- tices utilized by our physicians in the treat- OF PENNSYLVANIA tions that are dedicated to betterment through ment of heart-related illnesses and proce- IN THE HOUSE OF REPRESENTATIVES career education deserve our recognition and dures; support throughout the year. Tuesday, March 2, 1999 Regional occupation programs in my district Interact with the citizenry of the community in order to demonstrate American willingness Mr. SHERWOOD. Mr. Speaker, today I am and throughout the country provide students introducing the Lackawanna Valley Heritage with stronger skills and increased learning op- to share high tech medical information and technology. Area Act. By designating the Lackawanna Val- portunities. They enhance both the education ley of Pennsylvania as a National Heritage and employment prospects of our young peo- This partnership, Mr. Speaker, is important Area, this important legislation would ensure ple and help build a strong, well-trained work- for a number of reasons. First, it is critical to the conservation of its significant natural, his- force. recognize that despite all other political machi- toric and cultural resources. The Lackawanna Vocational education makes a proven dif- nations between the U.S. and China, there is Valley was the first heritage area designated ference in lives of students who might not oth- one very important issue upon which leaders by the Commonwealth of Pennsylvania, and is erwise have access to targeted education and of both countries agree: that Health care is es- a nationally significant historic area as docu- skills training. It opens doors to opportunities sential to quality of life. In that regard, SVMH, mented in the U.S. Department of Interior's for productive futures. I am proud of the work the Rotary International, Assist International Register of Historic Places, Multiple Property done in my community, and I would like to Documentation Submittal of the Pennsylvania recognize the hard-working students and dedi- and Marquette Medical Services have served Historic and Museum Commission (1996). cated staff in the Inland Empire who make vo- as ambassadors extraordinaire to unify our two countries. For every federal dollar provided over the cational education a success. They are to be last decade, the Lackawanna Heritage Valley commended for their role in strengthening Second, this partnership is important be- AuthorityÐwhich oversees the Valley's histori- both individual lives and our community as a cause through the efforts of SVMH and others, cal and cultural resourcesÐhas leveraged ten whole. we are establishing a firm working relationship dollars in State, local and private sector funds f with our Chinese counterpartsÐone that will to finance preservation activities. The Lacka- SALINAS VALLEY MEMORIAL indirectly benefit the relationship between the wanna Heritage Valley Authority would con- HEALTH CARE SYSTEM—HELP- U.S. and China, but that will also directly ben- tinue to foster these important relationships ING TO LEAD CHINA TO BETTER efit the Chinese people through the delivery of with all levels of government, the private sec- HEALTH CARE more and better Health care services. In this tor and local communities. regard, the Yunnan Red Cross Hospital and The Valley represents the development of HON. SAM FARR the West China University of Medical Sciences anthracite coal, one of North America's great- OF CALIFORNIA deserve special recognition and praise for est natural resources. From early in the 19th century, Pennsylvania's coal provided an ex- IN THE HOUSE OF REPRESENTATIVES their commitment to improve Health care prac- tices and their dedication to the pursuit of new traordinary source of energy which fueled Tuesday, March 2, 1999 knowledge in the field of medicine. America's economic growth for over a hundred Mr. FARR of California. Mr. Speaker, I rise years. At the center of the world's most pro- Mr. Speaker, and Members of the House, I today to inform you and all our House col- ductive anthracite field, the Lackawanna Val- leagues of the magnificent contributions to urge you today to stand in honor of the Sali- ley witnessed the inception, spectacular international health care by the Salinas Valley nas Valley Memorial Health Care System and growth and eventual deterioration of an indus- Memorial Health Care System (SVMH). their partners in international Health care, the try which led us to unparalleled prosperity. Through the efforts of SVMH, two cities in Yunnan Red Cross Hospital, the West China The Valley's current mix of ethnicity, its China, Kunming in the Province of Yunnan, University of Medical Sciences, Assist Inter- combination of dense urban areas and iso- and Chengdu in the Province of Sichuan, will national, Rotary International and Marquette lated settlements, and the desolate remains of receive the best in advanced medical training Medical Services. They deserve our praise, coal mines surrounded by beautiful country- services and the best high-tech equipment to they deserve our support and most of all, they side are a microcosm of our legacy from the better serve the Health care needs of the Chi- deserve the chance to make this partnership a industrial revolution. As these contrasts illus- nese people. success so people can live well. trate, the industrial era was not without human E312 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 1999 and environmental costs. Thousands of immi- legislation in the 105th Congress, which derness by the Forest Service, but with grants worked in deep mines under horrible passed the House but due to time constraints boundary revision that will exclude some pri- conditions. Death and injury were common- did not pass the Senate. The efforts by both vate lands. I would like to note that Senator place, with no survivor benefits or disability of these individual legislators helped make this ALLARD and I have made significant efforts to compensation to withstand these calamities. bill possible. address local concerns about the wilderness Anthracite miners created the nation's first The mountains known as the Spanish designation, including: (1) adjusting the bound- labor unions and they fought for the imple- Peaks are two volcanic peaks in Las Animas ary slightly to exclude certain lands that are mentation of child labor laws, workplace safe- and Huerfano Counties whose Native Amer- likely to have the capacity for mineral produc- ty, pension security and fair labor standards. ican name is Wayatoya. The eastern peak tion; and (2) excluding from the wilderness a The new Americans who populated the rises to 12,683 feet above sea level, while the road that locals use for access to the beauty Lackawanna Valley established strong com- summit of the western peak reaches 13,626 of the Spanish Peaks. munities where ethnic ties were reinforced by feet. The two served as landmarks not only for The lands covered by this bill are not only churches and fraternal societies that created a Native Americans but also for some of Colo- striking for their beauty and value but also for sense of security noticeably absent in the rado's other early settlers and for travelers recreation. They fully merit the protection that mines. The Valley's remaining ethnic neigh- along the trail between Bent's Old Fort on the will come from their designation as wilderness. borhoods are a testament to a pattern of Arkansas River and Taos, New Mexico. The bill itself is very simple. It would just add urban growth once common in U.S. cities, but With this history, it's not surprising that the the Spanish Peaks area to the list of areas now disappearing. Spanish Peaks portion of the San Isabel Na- designated as wilderness by the Colorado Wil- The landscape of the Valley conveys the tional Forest was included in 1977 on the Na- derness Act of 1993. As a result, all the provi- story of the industrial revolution most clearly. tional Registry of Natural Landmarks. The sions of the actÐincluding the provisions relat- Miles of track and hundreds of industrial sites Spanish Peaks area has outstanding scenic, ed to waterÐwould apply to the Spanish and abandoned mines are daily reminders of geologic, and wilderness values, including a Peaks area just as they do to the other areas the importance of the region to industry. Herit- spectacular system of over 250 free standing on that list. Like all the areas now on that list, age sites like Pennsylvania's Anthracite Herit- dikes and ramps of volcanic materials radiat- the Spanish Peaks area covered by this bill is age Museum, the Scranton Iron Furnace His- ing from the peaks. The State of Colorado has a headwaters area, which for all practical pur- toric Site, the Lackawanna County Coal Mine designated the Spanish Peaks as a natural poses eliminates the possibility of water con- and the Steamtown National Historic Site help area, and they are a popular destination for flicts. There are no water diversions within the to commemorate this struggle. These sites hikers seeking an opportunity to enjoy an un- area. provide the framework for historic preservation matched vista of southeastern Colorado's Mr. Speaker, enactment of this Spanish which will be cemented by my proposed legis- mountains and plains. Peaks bill will not be the last step in protecting lation. The Forest Service reviewed the Spanish the Federal lands in Colorado. As this bill Mr. Speaker, the designation of the Lacka- Peaks area for possible wilderness designa- demonstrates, when an area is appropriate for wanna Valley as a National Heritage Area will tion as part of its second roadless area review wilderness designation and when all the out- enable all Americans for years to come to wit- and evaluationÐknown as RARE IIÐand in standing issues have been satisfactorily ad- ness and learn the story of anthracite mining, 1979 recommended designation as wilderness dressed, the Colorado delegation will respond the labor movement, and the industrialization of 19,570 acres. Concerns about private land with appropriate legislation. I would also note of our great nation. I urge my colleagues to inholdings in the area prompted Congress, in that other protection short of the absolute wil- support the Lackawanna Valley Heritage Act. the Colorado Wilderness Act of 1980, to in- derness designation may be appropriate in f stead provide for its continued management certain cases, and I would encourage Colo- as a wilderness study area. radans, the counties, local users and interests THE SPANISH PEAKS WILDERNESS A decade later, the Colorado Wilderness Act who would be impacted to consider this possi- ACT OF 1999 of 1993 included provisions for long-term man- bility when discussing how to best utilize pub- agement of all the other wilderness study lic lands within Colorado. HON. SCOTT McINNIS areas in our State's national forests, but I will continue to work to achieve appro- OF COLORADO meanwhile questions about the land-owner- priate levels of protection for the pristine and IN THE HOUSE OF REPRESENTATIVES ship pattern in the Spanish Peaks area had beautiful areas within Colorado. Mr. Speaker, prompted the Forest Service to change its Tuesday, March 2, 1999 I close by urging the Congress to act without mind about designating it as wilderness. That, delay to pass this important measure for the Mr. MCINNIS. Mr. Speaker, today I am intro- in turn, led to inclusion in the 1993 wilderness Spanish Peaks area of Colorado. ducing a bill to give permanent protection as bill of a requirement for its continued manage- f wilderness to the heart of the Spanish Peaks ment of that area as a wilderness study area area in Colorado. for 3 yearsÐuntil August 13, 1996. The 1993 HONORING THE DISTINGUISHED The bill is cosponsored by several of my bill also required the Forest Service to report CAREER OF JUDGE JOHN JUSTIN colleagues from Colorado, including Mr. to Congress concerning the extent of non-Fed- MALIK, JR. UPON HIS RETIRE- SCHAFFER, whose district includes the portion eral holdings in the likelihood of acquisition of MENT of the Spanish Peaks within Las Animas coun- those holdings by the United States with the ty. I am also pleased to be joined by Mr. owner's consent. HON. ROBERT W. NEY HEFLEY, Mr. TANCREDO, and Mr. MARK UDALL The required report was submitted in 1995. OF OHIO of Colorado. I greatly appreciate their assist- It indicated that within the wilderness study IN THE HOUSE OF REPRESENTATIVES ance and support. area, there were about 825 acres where the Tuesday, March 2, 1999 Today, across the Capitol, Senator ALLARD United States owned neither the surface nor is introducing an identical companion bill. I the mineral rights, and about 440 acres more Mr. NEY. Mr. Speaker, I commend the fol- would like to extend my appreciation to the where the United States owned the surface lowing article to my colleagues: Senator for his active support of this worth- but not the minerals. Since then, through vol- Judge John Justin Malik, Jr. has spent his while legislation. untary sales, the United States has acquired life serving the people. His career began in Finally, I would offer a note of appreciation 1958 when he served as the City Solicitor for most of the inholdings. Today only 166 acres the city of Bellaire, Ohio. He then became and thanks to the former Members of Con- of inholdings remain, and the Forest Service is the Belmont County Prosecuting Attorney gress whose efforts made today's legislation in the process of or making efforts to acquire and later a Belmont County Commissioner. possible. First, approximately 20 years ago, 134 of those acres. So the way is now clear As Commissioner, Judge Malik was ap- Senator William Armstrong of Colorado began for Congress to finish the job of protecting this pointed to serve on the Ohio Jail Advisory this worthwhile process by proposing wilder- outstanding area by designating it as part of Board and continues to serve on that Board ness in Colorado, and in 1986 Senator Arm- the National Wilderness Preservation System. as Judge. He also participated in the acquisi- strong proposed protected status and man- The bill I am introducing today would des- tion of the land on State Route 331 where Fox Shannon Industrial Park was formed. agement for the Spanish Peaks. His efforts set ignate as wilderness about 18,000 acres of This industrial park is now the site of sev- in place the foundation upon which today's bill the San Isabel National Forest, including both eral agencies and businesses, including is built. Second, I would like to thank the of the Spanish Peaks as well as the slopes Sargus Juvenile Detention Center, the De- former Congressman from the Second District, below and between them. This includes most partment of Human Services, and the new Mr. Skaggs. Together, he and I introduced this of the lands originally recommended for wil- Belmont County jail. CONGRESSIONAL RECORD — Extensions of Remarks E313 Judge Malik was a partner in a law firm serves our sincere admiration and respect. INTRODUCTION OF THE LIBERTY started by his father in the 1930’s. Upon grad- Her actions show that young Americans can, DOLLAR BILL ACT uation from Notre Dame, Judge Malik joined and do, play important roles in our commu- his father in this practice and practiced law while also serving as City Solicitor for Bel- nities and that America's community spirit con- HON. TOM BLILEY laire and as Belmont County Commissioner. tinues to hold tremendous promise for the fu- OF VIRGINIA Since becoming Juvenile and Probate ture. IN THE HOUSE OF REPRESENTATIVES Judge in February 1991, Judge Malik has continued to work for the benefit of Belmont f Tuesday, March 2, 1999 County. He recently has been instrumental CHRISTIANS ATTACKED IN INDIA Mr. BLILEY. Mr. Speaker, yesterday I had in the donation of land to Belmont County. the privilege of attending Patrick Henry High This area is set to be the new location of the School in Ashland, Virginia and participating in Belmont County Fairgrounds. Additionally, HON. JOHN T. DOOLITTLE Judge Malik works diligently to work with their presentation of the Liberty Dollar Bill Act. OF CALIFORNIA juvenile delinquents and unruly children in This is the finest presentation I have ever wit- Belmont County. IN THE HOUSE OF REPRESENTATIVES nessed by a group of high school and middle In addition to all of these efforts, Judge Tuesday, March 2, 1999 school students. Malik continues to own and operate a garden The Liberty Dollar Bill Act would redesign center and gift ship and serve on the Board Mr. DOOLITTLE. Mr. Speaker, James Madi- the one dollar note and place an abbreviated of Directors for several organizations. son, the primary author of the U.S. Constitu- version of the Constitution on its reverse side. Mr. Speaker, I ask that my colleagues join tion, warned about ``the tyranny of the major- It is a real tragedy that an overwhelming ma- me in honoring the career of Judge Malik. His ity.'' The modern state of India is an example jority of Americans cannot name the liberties lifelong service and commitment to Belmont of what Madison warned us about. Between granted them in the Constitution. The Liberty County is to be commended. Christmas and New Year, several Christian Dollar Bill is important because it would teach f churches, prayer halls, and missionary schools Americans the framework of American Gov- were attacked by extremist Hindu mobs affili- ernment and the liberties of freedom found in TRIBUTE TO JESSICA MOORE ated with the parent organization of India's rul- the Constitution. It would spread the ideals of ing Bharatiya Janata Party (BJP). representative democracy around the world HON. ANNE M. NORTHUP The Washington Post reported on January 1 and allow U.S. soldiers stationed abroad to that ten such attacks occurred the week be- OF KENTUCKY read, show, and teach the ideal for which they tween Christmas and New Year's Day. Six IN THE HOUSE OF REPRESENTATIVES are willing to give their lives. The Liberty Dol- people were injured in one of these attacks. Tuesday, March 2, 1999 lar Bill would ensure that we leave our govern- The Vishwa Hindu Parishad (VHP), or World ment in good condition for our posterity and Mrs. NORTHUP. Mr. Speaker, I rise to con- Hindu Council, appears to be responsible for honor the Constitution as an American sym- gratulate and honor a young Kentucky student the attacks. The BJP is the political wing of bol. from my district who has achieved national the VHP. Therefore, it is with great pleasure that I re- recognition for exemplary volunteer service in The Hindu militants are apparently upset introduce the Liberty Dollar Bill Act today on her community. Jessica Moore of Louisville that Christians are converting low-caste Hin- behalf of the students at Patrick Henry High has just been named one of my state's top dus. Their frustration does not justify acts of School, Liberty Middle School, their teacher honorees in the 1999 Prudential Spirit of Com- violence. Randy Wright, and forty Members of Con- munity Awards program, an annual honor con- Christian activists report that there were gress. ferred on the most impressive volunteers in more than 60 recorded cases of church and f each state, the District of Columbia and Puer- Bible-burning, rape, and other attacks in 1998 to Rico. alone, including the recent rape of four nuns. MT. RAINIER NATIONAL PARK Ms. Moore, 17, is a senior at Sacred Heart The VHP called the rapists ``patriotic youth.'' CENTENNIAL CELEBRATION Academy. She has raised close to $20,000 for In 1997 and 1998, four priests were mur- the Juvenile Diabetes Foundation (JDF) to dered. In the fall of 1997, a Christian festival HON. JENNIFER DUNN help find a cure for the disease which her was stopped when the police opened fire. OF WASHINGTON Clearly, there is a pattern here. However, mother has had since she was 5 years old. IN THE HOUSE OF REPRESENTATIVES ``After attending the 1997 kick-off luncheon for Christians are not the only victims of India's JDF with my mother, I was inspired to take on tyrannical ``democracy.'' Tuesday, March 2, 1999 this major fundraising project to help find a Muslims have seen their most revered Ms. DUNN. Mr. Speaker, today I come be- cure,'' Jessica said. ``As I sat at the luncheon mosques destroyed; Sikhs have seen their fore the House of Representatives to wish a and saw mothers holding their infants, I began most sacred shrine, the Golden Temple in happy 100th birthday to Mt. Rainier National to envision what lay ahead for their futures.'' Amritsar, attacked and remain under occupa- Park in the 8th Congressional District in the For the past two years, Jessica has spent tion by plainclothes police. Their spiritual lead- state of Washington. Like many others from countless hours raising money and an aware- er, the Jathedar of the Akal Takht, Gurdev Washington, I am tempted to say ``my moun- ness of diabetes throughout her school and Singh Kaunke, was tortured and killed in po- tain'' because that's how we all feel about Mt. local community by conducting a letter-writing lice custody. Although there is a witness to RainierÐit belongs to each of us. It also gives campaign, coordinating educational programs this murder, no action has been taken against the 8th district distinction as the most beautiful and organizing fund-raising walks. She plans those responsible. Is this the secular democ- district in the nation. to continue her fight against diabetes until her racy that India is so proud of? Mt. Rainier National Park was established dream of a cure becomes a reality. The United States is the beacon of freedom March 2, 1899 as our fifth national park. The In light of numerous statistics that indicate to the world. As such, we cannot sit idly by park itself encompasses 378 square miles. At Americans today are less involved in their and watch India trample on the religious free- its highest point, the mountain is 14,411 feet, communities than they once were, it is vital dom of its minorities. We should put this Con- so it's not surprising that more than 2 million that we encourage and support the kind of gress on record in support of peaceful, demo- people visit the park each year to enjoy its selfless contribution this young citizen has cratic freedom movements in South Asia and moist rainforest, giant old growth forests, sub- made. Young volunteers like Ms. Moore are throughout the world. alpine meadows, and glaciers. inspiring examples to all of us and are among The United States recently allowed Puerto But Rainier is more than just a national our brightest hopes for a better tomorrow. Rico to vote on its status; our Canadian neigh- park. It is an integral part of the network of Ms. Moore should be extremely proud to bors held a similar referendum in Quebec. communities that surround its boundaries and have been singled out from such a large When do the Sikhs of Khalistan, the Muslims form a gateway that visitors pass through group of dedicated volunteers. I heartily ap- of Kashmir, and the other peoples living under when visiting the area. These communities plaud Ms. Moore for her initiative in seeking to Indian rule get their chance to exercise this support the park and the park supports them. make her community a better place to live and basic democratic right? Will we support demo- It would be hard to imagine many people in for the positive impact she has had on the cratic freedom for the people of South Asia, or Washington who can't go through their per- lives of others. She has demonstrated a level will we look away while the tyranny of the ma- sonal or family photo albums and find pictures of commitment and accomplishment that is jority continues to suppress fundamental rights of themselves with friends or family during a truly extraordinary in today's world and de- like freedom of religion? visit to the mountain. And every one of those E314 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 1999 photos tells a story. It is so with my family. rently set at $2,000 annually. Today I am in- in the 1880's. In addition, under the Glacier Our family and friends all grew up in the shad- troducing legislation to boost IRA deduction Bay National Park General Management Plan, ow of ``our'' mountain spending time in a cabin limits $500 per year over several years. When put into place in 1984, commercial fishing was near Greenwater and venturing into the park fully phased in, a middle class family could de- allowed. Why has the Park Service suddenly many times during every season. duct up to $7,000 for an annual IRA contribu- now determined that there is some threat to It was always amazing to me that for all the tion. I strongly urge that an increase in IRA Park resources? trails we hiked, streams we crossed, picnics deductions be a part of any tax relief plan of- Both the salmon and crab fisheries found off we enjoyed, glaciers we climbed, it was new fered in this Congress. the coast of Alaska and in Glacier Bay Na- and different every time. We never tired of An increase in IRA deductions would help tional Park, even in Federal waters, are man- ``our'' mountain. I can't imagine I ever will. As middle class families save for the future, be- aged by the State of Alaska not the Federal a Member of Congress, I have been given the come more financially independent, and be- government. There is no resource problem in opportunity to see the park and mountain from come better able to deal with unexpected these fisheries or within the boundaries of the a different vantage point. Rather than just a events. Expanded IRAs would also give mid- Park. The halibut resource in this area is man- visitor, I am now an active partner in helping dle class families a greater stake in the U.S. aged through an international treaty and sci- to maintain the park and protect it for future economic system. It is a tax incentive that av- entists with both the North Pacific Fishery generations. erage Americans would understand and Management Council and the International The theme of the centennial celebration is strongly support. Halibut Commission have found that there is ``A Century of Resource Stewardship.'' To un- An increase in IRA deductions would in- no problem with the halibut resource in this derscore this theme, the park has undertaken crease personal saving, a major source of in- area. In 1990, the Alaska Wildlife Alliance a series of signature projects. These include vestment and economic growth. This would sued the National Park Service claiming that the Sunrise Ecological Restoration Project, re- help firms to supply their workers with the best commercial fishing was statutorily prohibited habilitation of the White River Patrol Cabin, and most advanced tools, thus increasing their within the Park. In March 1997, the Federal and completion of the last mile of the Wonder- productivity and income. The current treatment appeals court (U.S. Ninth Circuit Court of Ap- land Trail. of saving in our tax code is literally counter- peals) ruled that commercial fishing was not In February, Northwest Airlines began airing productive. This is hampering our economy statutorily prohibited in the Park, except for in a special video about the Mt. Rainier Centen- over the long term and reducing the American wilderness areas. If there is no resource prob- nial that airs on international flights landing at standard of living relative to what it would oth- lem within the Glacier Bay National Park Sea Tac Airport. Today, the celebration begins erwise be. boundaries, then commercial and subsistence with a birthday cake and a ceremony to an- Many in Washington bemoan the low sav- fishing activities should not be prohibited by nounce a collectible cancelled stamp at ings rate, but if we want personal saving to in- broad National Park Service policies drafted in Longmire in the park. I am honored to partici- crease, we should increase IRA deductions for Washington, D.C. pate in this ceremony kicking off the official middle class taxpayers. A tax code that penal- The determination banning commercial and celebration. izes saving and investment makes no sense. subsistence fishing within Glacier Bay National Throughout this year the centennial commit- Middle class taxpayers need a means of ad- Park made no sense and was a political deci- tee has planned exciting projects and activities dressing their responsibilities to save for retire- sion that will take away the livelihood of a to celebrate the park's 100th birthday. For in- ment, higher education, medical expenses and large number of fishermen and will affect the stance, the Tacoma/Pierce County Visitor and long term care, and unemployment. My legis- well being of a number of communities which Convention Bureau and the gateway commu- lation provides for penalty-free withdrawals for rely on the fishing industry. A ban on commer- nities have joined together to host several these purposes. Federal tax policy should not cial fishing will affect not only fishermen, but special weekends of festivals and activities, discriminate against taxpayers willing and able will also have a huge effect on processing and renowned mountain climber, Lou Whit- to take on these responsibilities but are pre- companies including a Native owned and op- taker, is leading a special ``Centennial Climb'' vented from doing so by the destructive im- erated processing plant in Kake, which buys to the summit of Mt. Rainier. Lou's climbing pact of the current tax system. Let's limit the much of its seafood from vessels which fish in group will include international mountain climb- tax discrimination against personal saving. Glacier Bay. A ban on commercial fishing in ers as well as celebrities who have climbed f Glacier Bay will affect 416 crew and permit with Lou in the past. holders from Gustavus, Elfin Cove, Hoonah, My colleagues, if you haven't made vacation LEGISLATION THAT ALLOWS COM- and Pelican and affect employment opportuni- plans or visited Mt. Rainier National Park be- MERCIAL AND SUBSISTENCE ties for 613 employed in the seafood industry fore, this is surely the time to come to Wash- FISHING TO CONTINUE IN GLA- in these four towns alone. This ban will have ington and join us in our celebration. And, per- CIER BAY NATIONAL PARK a huge economic effect on this region. All of haps on your way up to the park or while the fishing operations in the Park boundaries you're enjoying a latte somewhere in Seattle, HON. DON YOUNG are small businessesÐthere are no large fish- you will have that special experience that sep- OF ALASKA ing vessels fishing in the Park and no factory arates us in Washington from the rest of the IN THE HOUSE OF REPRESENTATIVES trawlers fish here. Last year, a group of stakeholders including world. You or someone you're with may look Tuesday, March 2, 1999 South to the horizon and say, ``Look! The commercial fishing industry representatives, mountain is out today!'' Mr. YOUNG of Alaska. Mr. Speaker, today Alaskan Natives, local processing companies, f I am introducing legislation, along with iden- local and national environmental representa- tical legislation being introduced in the Senate tives, the State of Alaska, and Park Service IRA EXPANSION NEEDED by Senators MURKOWSKI and STEVENS, to personnel met to work out details of an agree- allow commercial and subsistence fishing to ment which would allow commercial fishing to HON. JIM SAXTON continue in Glacier Bay National Park. continue. The stakeholders had not come to a OF NEW JERSEY In 1978, the National Park Service made a resolution and because there was no resolu- IN THE HOUSE OF REPRESENTATIVES determination that commercial fishing activities tion, language was put in the Interior Appro- were incompatible with National Park Service priations legislation to prevent the National Tuesday, March 2, 1999 resources and would be permitted only when Park Service from publishing final rules until Mr. SAXTON. Mr. Speaker, the current tax specifically authorized by law. Because of this the stakeholder group could reach an agree- system has many problems, but one of its broad determination, the National Park Service ment; however, the National Park Service and main defects is its bias against personal sav- developed a rule outlawing commercial and national environmental groups made this a na- ing. Personal saving is taxed once out of in- subsistence fishing within the waters of Gla- tional environmental priority and prevented the come, and then the return to saving is taxed cier Bay National Park in 1997. stakeholder process from concluding. once again. This multiple taxation penalizes This broad determination by the National Mr. Speaker, this legislation will reverse this personal saving, a major source of economic Park Service ignores the fact that commercial unjust and unscientific National Park Service growth. So it is no surprise that America has fishing has taken place in the waters of Gla- policy and allow commercial and subsistence one of the lowest personal savings rates in the cier Bay even before the National Park Serv- fishing to continue in the non-wilderness wa- world. ice took control of the Bay in 1925. Alaskan ters of Glacier Bay National Park. It clarifies This bias can be addressed by increasing Natives have fished in this Bay since the that the State of Alaska will continue to man- the tax deduction for IRA contributions, cur- 1700's. Non-Native commercial fishing began age marine fishery resources within the Park's CONGRESSIONAL RECORD — Extensions of Remarks E315 boundaries. It will also provide compensation areas and singled out examples that can you share, Maxine. Harry was not just a con- to those who have been displaced by any clo- serve as models of excellence for commu- stituent or a campaign volunteer, but my sures within the Park or by actions of any nities across the nation. Ninety six schools very good friend. It is with a heavy heart that I write this letter today, however, it is Federal agency which interferes with any per- were cited as examples of outstanding institu- also with great pride that I do so. We are all son legally fishing in Park waters. tions where students progress steadily toward inspired by people like Harry, who make it Even with commercial fisheries operating in high academic standards and where every their life’s work to improve the quality and the Park, Glacier Bay National Park was the student matters. dignity of life for all. I will miss Harry a number one destination in the National Park The five schools that were honored shared great deal. Service system last year. Commercial fishing several key traits including high academic Maxine, your love for Harry was so tender poses no threat to the ``park experience'' and standards, a core curriculum, highly qualified and caring, and it was an inspiration to us all. You enriched his life and kept him with in fact many visitors consider seeing fishing teachers, strong mentoring for new teachers, us for many years he might never have had vessels as a positive experience in the Park. partnerships between parents and schools, were it not for your loving care. Mr. Speaker, there is no fishery resource administrators and teachers who know each Maxine, please know that I am with you problem in the Park and there is no justifica- child and high attendance rates. today in spirit and prayer. tion for a complete closure of Glacier Bay Na- Each school also demonstrated high aca- Sincerely, tional Park to commercial or subsistence fish- demic achievement as defined by the NORC. DALE E. KILDEE, M.C. ing. This legislation will right a wrong and con- The NORC's ``value-added approach'' meas- Mr. Speaker, I and our community will sore- tinue to allow these practices to continue in ured each school's performance only after tak- ly miss my dear friend, Harry Orr. But his spirit Glacier Bay National Park in a well managed ing its students' family circumstances into ac- lives on through his loving wife, Maxine, and and sustainable manner. count, thus identifying schools that do an out- his son, Harry, Jr. Our thoughts and prayers f standing job with the students they have, re- are with them. gardless of their socio-economic background. f PRITCHETT HIGH SCHOOL GIRLS Mr. Speaker, I ask my colleagues to join me BASKETBALL TEAM HONORED EAST ASIA AND MISSILE DEFENSE in honoring these five schools, De La Salle SYSTEMS Collegiate, Henry Ford II, Immaculate Concep- HON. BOB SCHAFFER tion Ukrainian Catholic, Troy High School and HON. DOUG BEREUTER OF COLORADO Troy Athens High School and to congratulate OF NEBRASKA IN THE HOUSE OF REPRESENTATIVES their administrators, faculty, students and par- IN THE HOUSE OF REPRESENTATIVES Tuesday, March 2, 1999 ents for their dedication and hard work. I wish them continued success as they continue to Tuesday, March 2, 1999 Mr. SCHAFFER. Mr. Speaker, I rise today take care of our nation's greatest asset, our Mr. BEREUTER. Mr. Speaker, during this to honor the Pritchett High School girls basket- young people. Member visit to several East Asian countries ball team on their Class A District 3 Cham- f in January, considerable Japanese interest in pionship. developing a missile defense system was The Pritchett players, led by Coach Tom TRIBUTE TO HARRY ORR mentioned in the region's news media as a re- Gooden, will now advance to the next level in sult of the North Korean missile launch over the state basketball playoffs and their shot at HON. DALE E. KILDEE Japanese territory on its course to the Pacific. the Colorado State A Championship. OF MICHIGAN Also noted was very substantial public discus- All teams, no matter what the sport, contin- IN THE HOUSE OF REPRESENTATIVES sion and media coverage of the possibility of ually strive to find that special and unique a missile defense system in Taiwan because combination of teamwork, leadership, skill and Tuesday, March 2, 1999 of the Chinese missile firings in the run-up to effort which unlocks the door to success. Mr. KILDEE. Mr. Speaker, it is with great the last Taiwanese presidential elections and Under careful tutelage, hard-working teams sorrow that I inform my colleagues in the U.S. because of the Chinese mainland missile not only win games, but also build the con- House of Representatives of the passing of build-up in the Taiwan Strait region. fidence necessary to win championships. my dear friend, Harry Orr. As I have men- The following editorial from the February 20, Clearly, these dedicated hoopsters have found tioned in the past, Harry Orr was a dedicated 1999, edition of The Economist magazine this winning formula and attained the next and tireless volunteer of the Democratic Party, notes not only the impact on Japan of the rung of sporting success. a committed union activist of United Auto North Korean's provocative action and dem- Greater challenges remain, however, and I Workers Local 651, and a proud member of onstrated advancement of their missile devel- wish the Pritchett High School girls basketball the Veterans of Foreign Wars Post 4087 in opment program, it also suggests that ``[w]ith team the best of luck in the Colorado A State Davison, Michigan. Due to his unceasing ef- its missile, North Korea was thumbing its nose Championship. No matter what the outcome of forts in all three of these forums, our commu- as much at China as at Japan and America.'' the next game, this team has proven it has the nity is a much better place in which to live. He This Member has long felt that China's influ- heart of a champion, and can take pride in the touched many people with his dedication, his ence on North Korean is generally over-esti- District 3 Championship. humor, and his tenderness. mated, but certainly it has more influence on f Mr. Speaker, my feelings, and the feelings the isolated, paranoid North Korean regime than any other country. The Economist edi- 12TH CONGRESSIONAL DISTRICT of many people who knew Harry, are perhaps best summarized in the letter I have sent his torial notes what is almost certainly true, that HIGH SCHOOLS HONORED BY U.S. ``North Korea felt it could take such missile lib- NEWS AND WORLD REPORT loving wife, Maxine. Due to the press of legis- lative business, I am unable to attend Harry's erties in part because China has stoutly op- funeral, but my letter will be read at the serv- posed all international pressure on North HON. SANDER M. LEVIN ice. Korea to curb its nuclear and missile activi- OF MICHIGAN ties.'' China is complaining loudly and threat- DEAR MAXINE: I would like to express my IN THE HOUSE OF REPRESENTATIVES eningly against the possible deployment of sincerest sympathy to you and your family. missile defense systems in Japan, Korea, and Tuesday, March 2, 1999 I am so very sorry that I am not able to join you today, but extremely important legisla- Taiwan rather than examining its own culpabil- Mr. LEVIN. Mr. Speaker, I rise to honor five tive business involving my own committee ity in increasing its missile threat against Tai- high schools within my Congressional district requires that I be in Washington, D.C. wan and ignoring, to its own danger, the de- that have been identified as Outstanding High I wanted to express my thoughts about a stabilizing missile and nuclear development Schools by U.S. News and World Report . . . loyal friend, a tireless volunteer, and a great programs of North Korea. The United States, De La Salle Collegiate in Warren, Henry Ford man who has been taken from this Earth. It threatened itself by the North Korean missiles II in Sterling Heights, Immaculate Conception has been said that ‘‘death ends a life, not a under development, cannot ignore their threat Ukrainian Catholic in Warren, Troy High relationship,’’ and this is certainly the case to our allies, the Republic of Korea and Japan, for those who have ever come in contact School and Troy Athens High School in Troy. with Harry. Harry’s desire was to help people nor its commitment that Taiwan not be forcibly U.S. News & World Report, in conjunction in any way possible and do whatever he placed under the control of Beijing. As The with the National Opinion Research Center could to ensure that a positive environment Economist concludes, China ``has mostly itself (NORC) at the University of Chicago, reviewed existed throughout the community. Harry’s to blame'' for any new tilt in East Asia's 1,053 high schools in six major metropolitan ability to make a difference was a trait that unease balance of power may have been E316 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 1999 caused by more Potent missile forces and the missiles. Its belligerence drove Taiwan to reduce the damages they suffer from unpre- resultant urgent interest in American assist- seek better defences, not, as China would dictable natural disasters. By helping these ance for missile defense systems. have it, the other way around. businesses to prepare for and react to disas- This Member urges his colleagues to read There is still time to calm tensions over ters better, we are also ensuring they are able Taiwan, and still time for the regional pow- the entire Economist editorial on this important ers to talk over the problems raised by any to continue providing needed goods and serv- set of related developments. future (limited) missile defences. Yet these ices to the communities that depend on them. [From the Economist, Feb. 20, 1999] issues give a new tilt to East Asia’s uneasy Given the unpredictability of their frequency and the severity of natural disasters, this ap- CAUSING OFFENCE balance of power. If this tilt upsets China, it has mostly itself to blame. proach seems more than reasonable. A 5 year TALK ABOUT MISSILE DEFENCES IS A SYMPTOM OF EAST ASIA’S TENSIONS, NOT THE CAUSE f pilot program authorizing up to $15 million a Are America and China heading for an- year in mitigation loans will permit the Small other bust-up? The ‘‘strategic dialogue’’ in- INDIA-UNITED STATES Business Administration to evaluate this ap- augurated by Presidents Bill Clinton and MULTILATERAL TALKS proach to see if it is a less costly way of miti- Jiang Zemin has been shrilly interrupted, gating disasters than other fully subsidized this time by Chinese concern about Ameri- HON. ROBERT E. ANDREWS federal disaster relief. ca’s discussions with Japan and others of This legislation makes sense. By making OF NEW JERSEY possible missile defences in East Asia, and by available low interest, long term pre-disaster IN THE HOUSE OF REPRESENTATIVES American worries about Chinese missiles mitigation loans that will be paid back to the pointed at Taiwan (see page 37). The row Tuesday, March 2, 1999 treasury, we will be reducing the amount of threatens to sour preparations for the visit to America in April of China’s prime min- Mr. ANDREWS. Mr. Speaker, I rise today to emergency grants necessary to respond to ister, Zhu Rongji. Handled sensibly, the mis- thank and congratulate United States Deputy disasters. Furthermore, by offering pre-disas- sile tiff need not produce a crisis. Yet it goes Secretary of State Strobe Talbot and Indian ter assistance, we will be supporting the ef- to the heart of what divides China from Minister of External Affairs Jaswant Singh for forts of small businesses that want to act re- America and most of its Asian neighbours: their efforts in the most recent phase of bi-lat- sponsibly and pro-actively. Pre-disaster assist- China’s pursuit of power by at times reckless eral talks between India and the United ance means saving taxpayer money, secure means. small business communities and a healthy China may never be a global power to rival States. Though the full details of the talks re- main undisclosed, as they should, all reports economy. America. It is, however, an increasingly po- Mr. Speaker, this will surely be a welcome tent regional power, with territorial scores are that much progress is being made in to settle. It makes plain that it intends to strengthening relations of the two countries. alternative to small businesses in our state of recover sovereignty over Taiwan, to extend I fully acknowledge and support the United Illinois which has received the fifth highest jurisdiction over almost all the rocks and States' foreign policy principle of opposing nu- amount of disaster loan money nation wide reefs of the South China Sea, and ultimately clear proliferation, but I would also like to take since 1989. I thank my colleagues for their to displace America as East Asia’s most in- this opportunity to recognize that exceptions to consideration and urge them to support this fluential power. valuable piece of legislation. Until recently, events had seemed to be that principle may occasionally be warranted f moving China’s way. Recognising China’s ex- Such exceptions should be based on the se- treme sensitivity on the Taiwan issue, on a curity needs of a nation, the entirety of that CONGRATULATIONS TO CHARLES visit to China last year Mr. Clinton made nation's relationshipÐeconomic, cultural, and C. BUTT, 1999 BORDER TEXAN OF clear that America did not support independ- diplomaticÐwith the United States, and the THE YEAR ence for the island, despite the protective nation's willingness to participate in inter- arm America throws round it at times of national arms control efforts. ´ military tension with the mainland. Mean- Based on such criteria, I assert that India is HON. RUBEN HINOJOSA while China had skilfully used the region’s OF TEXAS a good candidate for such an exception to economic turmoil to reinforce its claims in IN THE HOUSE OF REPRESENTATIVES the South China Sea, blame rival Japan for United States non-proliferation policy and not doing enough to aid regional economic would like to voice my hope that Mr. Talbot is Tuesday, March 2, 1999 recovery and play on sharp economic dif- working hard to lift remaining multilateral sanc- Mr. HINOJOSA. Mr. Speaker, it is a privi- ferences between America and Japan. Hence tions against India, especially the remaining lege for me to rise today to recognize an ac- China’s fury that the question of missiles World Bank lending sanctions. Again, I would complished individual who is the deserving re- and missile defences could blow a hole in like to express my thanks to Mr. Talbot and cipient of this year's Border Texan of the Year these stratagems. Mr. Singh for their hard work in this vital The launch of a North Korean rocket over Award, Mr. Charles C. Butt, Chairman & CEO Japan last August reminded the Japanese of arena, congratulate them on their success of the H.E.B. Grocery Company. the importance of their alliance with Amer- thus far, and wish them the best in the future This award is given to individuals whose ef- ica, and persuaded the government to set negotiations. forts have improved the quality of life for resi- aside China’s objections and start discus- f dents in South Texas. Recipients of this award sions on missile defences. Without such serve as role models for all Texans. They are defences in a dangerous neighbourhood, SUPPORT FOR THE DISASTER an inspiration to others, and they exhibit char- America had worried and China had cal- MITIGATION COORDINATION ACT acter as well as display a high standard of culated that pressure would eventually grow ethics. in Congress to pull back the 100,000 or so Charles Butt has been selected by the American troops in Japan and South Korea. HON. JANICE D. SCHAKOWSKY China’s reaction has been all the shriller for OF ILLINOIS BorderFest Border Texan of the Year Commit- knowing that any missile defences eventu- IN THE HOUSE OF REPRESENTATIVES tee because his contributions to South Texas in the area of employment and economic de- ally deployed to protect America’s troops Tuesday, March 2, 1999 and close allies from rogue North Korean velopment are unsurpassed. HEB today missiles could be used to help protect Tai- Ms. SCHAKOWSKY. Mr. Speaker, I am stands as one of the nation's largest inde- wan from China. joining with Chairman TALENT, Ranking Mem- pendently owned food retailing companies. It With its missile, North Korea was thumb- ber VELAÂZQUEZ and the Small Business Com- is the largest private employer in the state of ing its nose as much at China as at Japan mittee in support of the Disaster Mitigation Co- and America. Yet the success of its engineers Texas with 45,000 employees, or ``partners,'' owes at least something to past Chinese col- ordination Act. This legislation is a sensible, and operates 250 stores across Texas, Louisi- lusion. North Korea felt it could take such smart addition to the disaster loan program. ana, and Mexico. HEB generated sales of ap- missile liberties in part because China has The Disaster Mitigation Coordination Act will proximately $7 billion in 1998. In 1971, Mr. stoutly opposed all international pressure on add a valuable pro-active measure to the Butt became HEB's Chairman and CEO. At North Korea to curb its nuclear and missile Small Business Association's Disaster Loan that time 4,500 individuals were employed, activities. program. If enacted, this legislation will save and revenues were approximately $250 mil- The Taiwanese had their reminder of the money for taxpayers, communities and small lion. potential value of missile defences three years ago, when it was China lobbing mis- businesses. These facts and figures merit mention be- siles, these ones falling near the island’s By adding the availability of pre-disaster cause they reflect the strengths of someone shipping lanes in a crude effort to intimidate mitigation loans to small businesses located in who is a true leader, someone whose vision voters before Taiwan’s first democratic pres- FEMA's ``Project Impact'' zones, we will be al- and work ethic has made a successful com- idential election. China now has snazzier lowing small businesses to avoid or at least pany even more dynamic. CONGRESSIONAL RECORD — Extensions of Remarks E317 Moreover, HEB has always had a practice the Congressional Gift of Life Medal. Families (1) IN GENERAL.—Except as provided in of reaching out to the community. Never just would also request that a Member of Con- paragraph (2), only 1 medal may be presented a policy, but always a tradition, the practice of gress, state or local official, or community to a family under subsection (b), Such medal shall be presented to the donating family helping those in need has only become leader award the medal to the donor or do- member, or in the case of a deceased donor, stronger under the leadership of Charles Butt. nor's survivors. the family member who signed the consent Time and time again, he has been there to According to the United Network for Organ form authorizing, or who otherwise author- help communities in need. When flood-waters Sharing (UNOS), an average of 5300 dona- ized, the donation of the organ involved. ravaged the small city of Del Rio, Texas in Au- tions per year were made between 1994 and (2) EXCEPTION.—In the case of a family in gust, HEB was there. Within hours of this trag- 1996. Research points to a clear need for in- which more than 1 member is an organ edy, HEB tankers carrying 5,500 gallons of centive programs and public education on donor, the OPTN contractor may present an water were stationed at the Del Rio stores organ donation. These efforts can increase the additional medal to each such organ donor or their family. around the clock, and construction experts number of organ donations by more than 80 SEC. 5. DUPLICATE MEDALS. with the company were on site helping this city percent. (a) IN GENERAL.—The Secretary of Health to rebuild. Charles Butt personally was on the Physicians can now transplant kidneys, and Human Services or the OPTN contractor scene to assist in whatever way he could. lungs, pancreas, liver, and heart with consider- may provide duplicates of the medal de- The spirit of HEB can be seen not only in able success. The demand for organs will con- scribed in section 2 to any recipient of a times of crises, but in everyday programs that tinue to grow with the improvement of medical medal under section 4(b), under such regula- reflect the company's desire to feed the hun- technologies. Without expanded efforts to in- tions as the Secretary of Health and Human gry. HEB has revolutionized the food banking crease the supply of organ donation, the sup- Services may issue. efforts with its support of twenty food banksÐ ply of suitable organs will continue to lag be- (b) LIMITATION.—The price of a duplicate medal shall be sufficient to cover the cost of eighteen in Texas and two in Mexico. Since hind the need. such duplicates. 1983 HEB supported food banks have shared This is a non-controversial, non-partisan leg- SEC. 6. NATIONAL MEDALS. more than 150 million pounds of donated food islation to increase organ donation. I ask that The medals struck pursuant to this Act are and merchandise with some 6,000 organiza- our colleagues help bring an end to transplant national medals for purposes of section 5111 tions. The list of charitable works goes on and waiting lists and recognize the enormous faith of title 31, United States Code. on. and courage displayed by organ donors and SEC. 7. GENERAL WAIVER OR PROCUREMENT Again, I want to say how delighted I am that their families. REGULATIONS. Charles C. Butt has been selected to receive A copy of the legislaiton follows. No provision of law governing procurement or public contracts shall be applicable to the this recognition. He is a man who represents H.R. — the best in our countryÐa personal devotion procurement of goods or services necessary Be it enacted by the Senate and House of Rep- for carrying out the provisions of this Act. to service, a professional commitment to ex- resentatives of the United States of America in cellence, and a visionary grasp of the opportu- SEC. 8. SOLICITATION OF DONATIONS. Congress assembled, (a) IN GENERAL.—The Secretary of the nities open to all Americans. SECTION 1. SHORT TITLE. Treasury may enter into an agreement with Thank you for all your contributions, and I This Act may be cited as the ‘‘Gift of Life the OPTN contractor to collect funds to off- am glad to have this opportunity to add my ac- Congressional Medal Act of 1999’’. set expenditures relating to the issuance of colades to this well-deserved honor. Congratu- SEC. 2. CONGRESSIONAL MEDAL medals authorized under this Act. lations, Mr. Border Texan! The Secretary of the Treasury shall design (b) PAYMENT OF FUNDS.— f and strike a bronze medal with suitable em- (1) IN GENERAL.—Except as provided in blems, devises, and inscriptions, to be deter- paragraph (2), all funds received by the THE GIFT OF LIFE CONGRES- mined by the Secretary of the Treasury, to Organ Procurement and Transplantation SIONAL MEDAL ACT OF 1999 commemorate organ donors and their fami- Network under subsection (a) shall be lies. promptly paid by the Organ Procurement and Transplantation Network to the Sec- HON. FORTNEY PETE STARK SEC. 3 ELIGIBILITY REQUIREMENTS. retary of the Treasury. N ENERAL OF CALIFORNIA (a) I G .—Any organ donor, or the (2) LIMITATION.—Not more than 5 percent family of any organ donor, shall be eligible IN THE HOUSE OF REPRESENTATIVES of the any funds received under subsection for a medal described in section 2. (a) shall be used to pay administrative costs Tuesday, March 2, 1999 (b) DOCUMENTATION.—The Secretary of incurred by the OPTN contractor as a result Health and Human Services shall direct the of an agreement establish under this section. Mr. STARK. Mr. Speaker, my colleagues entity holding the Organ Procurement and and I are proud to introduce the ``Gift of Life (c) NUMISMATIC PUBLIC ENTERPRISE FUND.— Transplantation Network (hereafter in this Notwithstanding any other provision of Congressional Medal Act of 1999.'' This legis- Act referred to as ‘‘OPTN’’) to contract to— law— lation creates a commemorative medal to (1) establish an application procedure re- (1) all amounts received by the Secretary honor organ donors and their survivors. quiring the relevant organ procurement or- of the Treasury under subsection (b)(1) shall There is a serious shortage of available and ganization, as described in section 371(b)(1) be deposited in the Numismatic Public En- suitable organ donors. Over 50,000 people are of the Public Health Service Act (42 U.S.C. terprise Fund, as described in section 5134 of currently waiting for an organ transplant. Be- 273(b)(1)), through which an individual or title 31, United States Code; and their family made an organ donation, to sub- (2) the Secretary of the Treasury shall cause of low donor rates, over 4,000 people mit to the OPTN contractor documentation die each year for lack of a suitable organ. charge such fund with all expenditures relat- supporting the eligibility of that individual ing to the issuance of medals authorized Some patients also wait significantly longer for or their family to receive a medal described under this Act. a transplant depending on where they live. In in section 2; and (d) START-UP COSTS.—A 1-time amount some parts of the country, the typical wait for (2) determine, through the documentation notto exceed $55,000 shall be provided to the an organ transplant is close to 100 days. In provided, and, if necessary, independent in- OPTN contractor to cover initial start-up other parts of the country, the wait is closer to vestigation, whether the individual or family costs. The amount will be paid back in full 1,000 days. We need to use every possible is eligible to receive a medal described in within 3 years of the date of the enactment section 2. option to increase the number of donated or- of this Act from funds received under sub- gans for all Americans. The Gift of Life Con- SEC. 4 PRESENTATION. section (a). (a) DELIVERY TO THE SECRETARY OF HEALTH (e) NO NET COST TO THE GOVERNMENT.—The gressional Medal Act draws attention to this AND HUMAN SERVICES.—The Secretary of the Secretary of the Treasury shall take all ac- life-saving issue, and sends a clear message Treasury shall deliver medals struck pursu- tions necessary to ensure that the issuance that donating one's organs is a self-less act ant to this Act to the Secretary of Health of medals authorized under section 2 results that should receive the profound respect of the and Human Services. in no net cost to the Government. Nation. (b) DELIVERY TO ELIGIBLE RECIPIENTS.—The SEC. 9. DEFINITIONS. The legislation allows the Health and Secretary of Health and Human Services For purposes of this Act— Human Service's Organ Procurement Organi- shall direct the OPTN contractor to arrange (1) the term ‘‘organ’’ means the human zation (OPO) and the Organ Procurement and for the presentation to the relevant organ kidney, liver, heart, lung, pancreas, and any procurement organization all medals struck Transplantation Network to establish a non- other human organ (other than corneas and pursuant to this Act to individuals or fami- eyes) specified by regulation of the Sec- profit fund to design, produce, and distribute lies that, in accordance with section 3, the retary of Health and Human Services or the the medals. Funding would come solely from OPTN contractor has determined to be eligi- OPTN contractor; and charitable donations. The donor or family ble to receive medals under this Act. (2) the term ‘‘Organ Procurement and member would have the option of receiving (c) LIMITATION.— Transplantation Network’’ means the Organ E318 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 1999 Procurement and Transplantation Network but you know it when you see it. In simple bate. But the debate shouldn’t focus on find- established under section 372 of the Pubic terms, sprawl is the poorly planned, low-den- ing a national solution, because there isn’t Health Service Act (42 U.S.C. 274). sity, auto-oriented development that spreads one. There are two essential elements in any SEC. 10. SUNSET PROVISION. out from the edges of communities. But it is effective program to combat sprawl: sensible This Act shall be effective during the 5- best defined by the way it affects us in our land-use planning and the revitalization of year period beginning on the date of the en- daily lives. existing communities. These are issues tra- actment of this Act. Winston Churchill said, ‘‘We shape our ditionally and best handled at the state and buildings, and then our buildings shape us.’’ local levels—and that, in the end, is where f The same holds true for communities: The the fight against sprawl will be won or lost. THE SPRAWLING OF AMERICA way we shape them has a huge impact on the But—and here’s the main point I want to way we feel, the way we interact with one make today—the federal government also another, the way we live. By harming our has a crucial role to play in the process. HON. EARL BLUMENAUER communities, sprawl touches us all—and one There are obviously many factors such as OF OREGON way or another, we all pay for it. crime, drugs and bad schools and public serv- We pay in open space and farmland lost. ices that have helped propel the exodus of IN THE HOUSE OF REPRESENTATIVES Since 1950, the State of Pennsylvania has people and jobs from our central cities, but Tuesday, March 2, 1999 lost more than 4 million acres of farmland; that exodus has been greatly facilitated— Mr. BLUMENAUER. Mr. Speaker, people that’s an area larger than Connecticut and even accelerated—by the effects of federal policies. Sometimes these effects have been from across the nation are talking about ways Rhode Island combined. Metropolitan Phoe- nix now covers an area the size of Delaware. intended and sometimes they have been in- they can make their communities more livable. It’s estimated that over the next 45 years, advertent, but in most cases they have been Improving livability means better schools, safer sprawl in the Central Valley of California profound. Because the federal government neighborhoods, affordable housing and more will affect more than 3.6 million acres of has contributed so heavily to the problem, it choices in transportation. Improving livability America’s most productive farmland. has a clear duty to help find solutions. also means preserving what makes each com- We pay in time lost. A study last year re- It can—and should—do so in four ways: ported that each of us here in Washington First, it should correct policies that en- munity unique, be it the farmlands in Oregon courage or reward sprawl. or the desert in Arizona. It is my pleasure to spends about 59 hours a year—the equivalent of a week and a half of work—stuck in traf- Sprawl-friendly policies and practices exist share with my colleagues the comments of fic. The price tag for time and fuel wasted is in almost every federal agency. I’ll mention Richard Moe, the president of the National roughly $860 annually for every man, woman only a few examples. Nearly 17 million people work directly or Trust for Historic Preservation, on this impor- and child in the Washington area. In Los An- indirectly for the federal government. With a tant and timely topic. geles, the average speed on the freeway is ex- workforce that size, decisions about where pected to drop to 11 miles per hour by 2010. THE SPRAWLING OF AMERICA: FEDERAL POLICY the government locates its offices can have a A new term ‘‘road rage’’ has been coined to IS PART OF THE PROBLEM; CAN IT BE PART huge impact on a community’s economic describe drivers’ frustration over traffic. OF THE SOLUTION? We pay in higher taxes. Over the decades, health. A 1996 Executive Order directs fed- (An address by Richard Moe, president, Na- we’ve handed over our tax dollars to pay for eral agencies to give first consideration to locating their facilities in downtown historic tional Trust for Historic Preservation at infrastructure and services—things like po- districts instead of out on the suburban the National Press Club in Washington, DC lice and fire protection, water and sewer fringe—but two years after it was issued, on January 22, 1999) lines, schools and streetlights—in our com- compliance is spotty. Right now, for exam- America today is engaged in a great na- munities. Now we’re being asked to pay ple, in the small, economically-depressed tional debate. It’s a debate about sprawl. The higher taxes to duplicate those services in town of Glasgow, Montana, the U.S. Depart- central question in the debate is this: Will sprawling new developments, while the infra- ment of Agriculture is putting its county of- we continue to allow haphazard growth to structure we’ve already paid for lies aban- fice in a new building that will be con- consume more countryside in ways that doned or underused in our older city center structed in pastureland on the edge of town. drain the vitality out of our cities while and suburbs. Even worse, local governments A suitable downtown building was available, eroding the quality of life virtually every- use our tax dollars to offer incentives and but USDA rejected it because the parking lot where? Or will we choose instead to use our write-offs to sprawl developers—in effect, re- is a block away instead of right next door. land more sensibly and to revitalize our warding them for consuming our landscape Relocating post offices to suburban sites older neighborhoods and downtowns, thereby and weakening our older communities. can also deal a body blow to a small-town enhancing the quality of life for everyone? Finally, we pay in the steady erosion of Main Street—and put historic buildings at The debate touches every aspect of our our quality of life. Inner cities have become risk as well. Because post offices serve an lives—the quality of the natural and built enclaves of poverty. Long, frustrating com- important role in the social and business life environments, how we feel about the places mutes leave us less time with our families. of many towns, the U.S. Postal Service needs where we live and work and play, how much Tranquil neighborhoods are destroyed by to give communities more say in where these time we have for our family and civil life, road-widening. Historic landmarks get de- essential facilities are to be located. how rooted we are in our communities. I be- molished and carted off to the landfill. Ev- The federal tax code, in all its complexity, lieve that this debate will frame one of the eryplace winds up looking more and more is heavily tilted toward new development most important political issues of the first like Noplace. These signs point to an ines- and the consumption of open space. It needs decade of the 21st century. Ultimately, its capable fact: Sprawl and its byproducts rep- to put at least as much emphasis on promot- outcome will determine whether the Amer- resent the number-one threat to community ing opportunities for revitalization and sta- ican dream will become a reality for future livability in America today. And in a com- bilization of older communities. It needs to generations. petitive global marketplace, livability is the provide incentives—which are currently The National Trust for Historic Preserva- factor that will determine which commu- lacking—for middle-class and moderate-in- tion, which I am privileged to serve, works nities thrive and which ones wither. Nobel come households to become urban home- to revitalize America’s communities by pre- Prize-winning economist Robert Solow puts owners. serving our heritage—the buildings, neigh- it this way: ‘‘Livability is not some middle- Federal water and sewer grants were origi- borhoods, downtowns and landscapes that class luxury. It is an economic imperative.’’ nally intended as a means of providing clean link us with our past and define us as Ameri- Sprawl is finally getting the attention it water and safe waste-treatment facilities in cans. Our mission is summed up in a short deserves. It was the subject of major initia- rural areas. In practice, however, the ready phrase: ‘‘Protecting the Irreplaceable.’’ tives announced by the President and the availability of this funding virtually invites Sprawl destroys the irreplaceable, which is Vice President in recent back-to-back development further and further into coun- why the National Trust is concerned about speeches. Bipartisan caucuses focusing on tryside. sprawl—and why I want to address the sub- smart growth and community livability have The list goes on and on, but the biggest of- ject today. been formed in both the House and Senate. fender of all is federal transportation policy, Preservation is in the business of saving Governors across the political spectrum have which can be summed up in a short phrase: special places and the quality of life they announced programs to control sprawl and ‘‘feed the car, starve the alternative.’’ As support, and sprawl destroys both. It devours encourage smart growth. The Urban Land In- Jessica Mathews wrote a while ago in the historic landscapes. It makes the strip malls stitute, the American Institute of Archi- Washington Post, ‘‘Americans are not irra- and subdivisions on the edge of Washington tects, the National Governors Association, tionally car-crazed. We seem wedded to the look like those on the edge of Albuquerque and foundations and nonprofit organizations automobile because policy after . . . policy or Birmingham or any other American city. of every stripe hold seminars and workshops .. . encourages us to be.’’ Transportation of- It drains the life out of older communities, on sprawl. Last November, voters from Cape ficials generally try to ‘‘solve’’ problems by stops their economic pulse and often puts Cod to California overwhelmingly approved building more roads—an approach which is them in intensive care—or sometimes even some 200 ballot initiatives related to growth often like trying to cure obesity by loosen- the morgue. management and urban revitalization. ing your belt. Sprawl reminds me of Justice Stewart’s re- All this attention is welcome. Sprawl is a People need transportation choices and mark about pornography: It’s hard to define, national problem, and it needs a national de- communities need balanced transportation CONGRESSIONAL RECORD — Extensions of Remarks E319 systems. Federal policy hasn’t done a good in a limited area often just shift the problem also need to focus energies and resources on job of offering them—but that may be chang- from one community to another. It’s like reclaiming the streets and neighborhoods ing. The Transportation Equity Act for the trying to stop a flood with a picket fence. where people live—the towns, inner cities 21st Century, or TEA–21, enacted last year, States need to encourage local govern- and older suburbs that we’ve neglected so encourages planning that looks beyond irrel- ments in the same region to better coordi- badly for the past half-century. We must de- evant political boundaries and allows for nate their land-use and transportation plans, velop housing policies and programs that ad- greater citizen and local government partici- and the federal government can help a great vance the goal of economic integration of pation in making transportation investment deal by simply providing basic information our communities and lessen the concentra- decisions. That’s welcome news, certainly, that regions need. Much of this informa- tion of poor households in inner-city areas. but TEA–21 is a promissory note that will be tion—dealing with things such as the geo- We must attract middle-income families redeemed only through hard work at the graphic mismatch between workers and jobs back to the towns and cities, and we must state and local levels. It offers a great oppor- and the extent of outmigration from cities to improve the quality of housing for lower-in- tunity for the federal Department of Trans- suburbs—already exists, but it is difficult come people. portation to take a leadership role in urging and expensive for localities to obtain. That’s One way to do this is by enacting the His- the states to take full advantage of this a fairly easy problem to fix, and the federal toric Homeownership Assistance Act. This landmark legislation. government ought to do it. legislation, which has broad bipartisan sup- Within the next few months, the General While regionalism by itself does not curb port in both houses of Congress, would ex- Accounting Office will release its study on sprawl, it can moderate one of the engines of tend federal tax credits to homeowners who the extent to which federal policies encour- sprawl: the costly bidding wars between renovate their historic homes, giving resi- age sprawl, and I hope the report will prompt neighboring jurisdictions for sprawl-type de- dents of older neighborhoods incentives to a serious examination of these policies. velopment that holds out the hope for new stay and invest in their community’s future, Second, the federal government should re- tax revenues. Admittedly, the performance and providing an incentive for others to ward states and communities that promote of some regional governments has been lack- move back into the city. By offering a way smart growth and help revitalize existing luster, but in other areas—Portland, Oregon, to put deteriorated property back on the tax communities. for examples—regionalism is making a dif- rolls while making homeownership more af- Being anti-sprawl is not being anti-growth. ference in addressing the problems of sprawl fordable for lower-income residents, this law The question is not whether our commu- and poorly managed growth. Encouraging could greatly benefit communities all over nities should grow, but rather how they will and assisting similar efforts all over the the country. Obviously, this one act won’t grow. More and more people—private citi- country should be a cornerstone of federal solve America’s urban problems—but it can zens and public officials alike—are realizing policy. help, and a step in the right direction is bet- that the answer to that question lies in sen- Happily, the current Administration is ter than standing still. sible land-use planning. taking an important step in that direction. In fighting sprawl, we’re dealing with an Three states have recently launched dif- The ‘‘Livability Agenda’’ recently announced issue that undermines many of the national ferent efforts to manage sprawl. Last May, by Vice President Gore proposes a major ini- goals and values that we’ve embraced over Tennessee passed a law that requires coun- tiative to reduce barriers to regional govern- the years. The provision of affordable hous- ties and municipalities to adopt ‘‘growth ance and to fund local partnerships that pur- ing, improved mobility, a clean environ- plans’’ which, among other things, set firm sue smart-growth strategies across jurisdic- ment, the transition from welfare to work, boundaries for new development and public tional lines. This will be the first flexible the livability and economic health of our services. Closer to home, Governor source of funding provided by the federal communities—all of these are undermined by Glendening’s Smart Growth initiative in government to promote smarter metropoli- sprawl. In fact, there is scarcely a single na- Maryland is one of the most innovative—and tan growth. It’s a very welcome initiative. tional problem that is not exacerbated by potentially one of the most significant—in Controlling sprawl is only half the battle, sprawl or that would not be alleviated if the country. Under Governor Whitman’s which brings me to the fourth thing the fed- sprawl were better contained. leadership, residents of New Jersey have ap- eral government should do: provide incen- We can continue turning much of our na- proved up to $98 million in tax revenue annu- tives for reinvestment in existing commu- tion into a tragic patchwork of ruined cities ally for conservation and historic preserva- nities. and spoiled countryside, or we can insist on tion; over 10 years this measure will protect Discussions about the plight of the cities sensible federal policies that strengthen a million acres of land—a marvelous gift to often overlook a simple fact: When people communities instead of scattering them ran- future generations. leave the city it’s not necessarily because domly across the landscape. We should encourage efforts like these in they love sprawl or hate urban life, but be- We can keep on accepting the kind of com- other states. I suggest that we design a fed- cause leaving is the rational thing to do. munities we get, or we can summon the na- eral ‘‘smart growth scorecard’’—a system More than anything else, urban flight is an tional will to demand the kind of commu- that favors sensible, sustainable growth and indictment of bad schools, crime and poor nities we want and need and deserve. evaluates the effectiveness with which states public services. As if this ‘‘push’’ weren’t The choice is ours, and the time to make and communities meet that test. States that enough, people are ‘‘pulled’’ out of the city that choice is now. by policies and practices that make homes amend their building codes to make them f more ‘‘rehab-friendly’’ or that remove their and infrastructure in the suburbs less expen- constitutional ban against the use of state sive and easier to build. FIGHT DIABETES gas tax revenues for mass transit projects, In place of this ‘‘push-pull’’ combination, for example, are taking positive steps to we need public policy that favors existing fight sprawl and restore communities. They communities. Fifty years ago the govern- HON. BERNARD SANDERS ought to be rewarded. The federal scorecard ment began to offer economic inducements OF VERMONT would give states credit for initiatives such to families that wanted to flee to the sub- IN THE HOUSE OF REPRESENTATIVES as these and would give smart-growth urbs; it’s time to offer those same kinds of Tuesday, March 2, 1999 projects an edge in the competition for fed- inducements to entice middle-class residents eral funds. to return to, or stay in, the city. Mr. SANDERS. Mr. Speaker, I rise today to Third, the federal government should pro- It all comes down to choosing where to call the attention of my Colleagues to the fol- mote regional cooperation as a key to effec- make investments. If the federal government lowing letter I received from a young Ver- tive control of sprawl. chooses to pour funding into more outer monter. Philip Burgin-Young is nine years old, Metropolitan areas now contain close to beltways and more suburban infrastructure, and likes to play soccer, as well as study math 80% of the total U.S. population. Half the sprawl will continue to spread like an epi- people in this country now live in just 39 demic. But if the government makes a com- and science. At the same time, Philip has to metropolitan areas. But governmental struc- mitment to existing communities, it can regularly check his blood sugar, take three in- tures in no way reflect this reality. have an enormous, positive impact on the sulin shots a day, and closely watch what he Urban decline and sprawl are practically critical need to keep people in urban neigh- eats, because he is diabetic. Like Philip, I be- guaranteed wherever there is a balkanized borhoods and give others a reason to move lieve that our government must do more for system of local jurisdictions. There’s a per- back to the city. the 16 million Americans suffering from diabe- fect example right here in Washington, This is the missing piece of the administra- tes by investing in a cure to the disease. where our metropolitan area is a patchwork tion’s Livability Agenda, which includes a I call the attention of my colleagues to this quilt comprising two states, the District of heavy focus on the preservation of open Columbia, a dozen counties and a score of space. There’s no question that we need to moving letter and submit the letter for the municipalities—each with its own budget, speed up our efforts to protect open space CONGRESSIONAL RECORD for their benefit.FEBRUARY each following its own agenda. and farmland through land trusts, ease- 21, 1999. When it comes to sprawl, city limits and ments, the purchase of development rights Hon. BERNIE SANDERS, county lines are often meaningless marks on and other means. Saving greenspace is a very U.S. House of Representatives, a map. Limited jurisdiction makes it hard good thing, but it’s not enough by itself. We Washington, DC. for local government to deal with an issue of could buy all the open land in the country DEAR REPRESENTATIVE SANDERS: My name this magnitude, and efforts to control sprawl and still not solve the problem of sprawl. We is Philip Burgin-Young, and I am nine years E320 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 1999 old. I have had diabetes almost four years. I All teams, no matter what the sport, contin- fidence necessary to win championships. love to play soccer, study math, and experi- ually strive to find that special and unique Clearly, these dedicated hoopsters have found ment with science. To be able to do these combination of teamwork, leadership, skill and this winning formula and attained the next things, I have to work real hard to take care of my diabetes. That means that I check my effort which unlocks the door to success. rung of sporting success. blood sugar at least six times a day (but usu- Under careful tutelage, hard-working teams Greater challenges remain, however, and I ally closer to ten times), have at least three not only win games, but also build the con- wish the Swink High School boys basketball shots of insulin a day (in my stomach, arms, fidence necessary to win championships. team the best of luck in the Colorado 2A State legs, and buttocks), count every gram of car- Clearly, these dedicated hoopsters have found Championship. No matter what the outcome of bohydrate and fat that I eat, and make sure this winning formula and attained the next the next game, this team has proven it has the that I exercise a lot to keep my blood sugar rung of sporting success. heart of a champion, and can take pride in the balanced. My parents also check my blood sugar in the middle of the night while I am Greater challenges remain, however, and I District 4 Championship. sleeping. But even doing these things, it is wish the Sterling High School girls basketball f team the best of luck in the Colorado 4A State impossible to keep my blood sugar in the CONGRATULATING THE CHERAW normal range all of the time. Diabetes is a Championship. No matter what the outcome of very complex thing. the next game, this team has proven it has the HIGH SCHOOL GIRLS BASKET- It is not easy to describe what it is like liv- heart of a champion, and can take pride in the BALL TEAM ing with diabetes. But I have two stories District 4 Championship. that can describe it a little. The first story f is about something my sister said to me. One HON. BOB SCHAFFER OF COLORADO day my sister said that if she had diabetes CONGRATULATING THE CALICHE IN THE HOUSE OF REPRESENTATIVES and then a cure was discovered, she would go HIGH SCHOOL BOYS BASKET- out and eat a dozen donuts. She asked me Tuesday, March 2, 1999 what I would do. I said, ‘‘I wouldn’t go out BALL TEAM and eat a dozen donuts. I WOULD JUST BE Mr. SCHAFFER. Mr. Speaker, I rise today SO RELIEVED!’’ I could tell that she HON. BOB SCHAFFER to honor the Cheraw High School girls basket- couldn’t really understand what it feels like OF COLORADO ball team on their Class A District 2 Cham- to live with diabetes every minute of every IN THE HOUSE OF REPRESENTATIVES pionship. day, even though she does help me with my The Cheraw players, led by Coach Charles diabetes. The second story is about some- Tuesday, March 2, 1999 Phillips, will now advance to the next level in thing that happens all of the time, because I play soccer on a couple of teams. Before I go Mr. SCHAFFER. Mr. Speaker, I rise today the state basketball playoffs and their shot at on the field I always check my blood sugar to honor the Caliche High School boys basket- the Colorado State A Championship. to make sure that I’m not too high or too ball team on their Class 2A District 2 Cham- All teams, no matter what the sport, contin- low. If I’m too high, I can’t play and I need pionship. ually strive to find that special and unique to have a shot of insulin. Even though I do The Caliche players, led by Coach Rocky combination of teamwork, leadership, skill and everything I am supposed to do to take care Samber, will now advance to the next level in effort which unlocks the door to success. of my diabetes, this does happen and I the state basketball playoffs and their shot at Under careful tutelage, hard-working teams missed the beginning of our playoffs because the Colorado State 2A Championship. not only win games, but also build the con- I was too high. If I’m too low, I also can’t play and have to wait about 15 minutes for All teams, no matter what the sport, contin- fidence necessary to win championships. the food that I eat to get into my system. ually strive to find that special and unique Clearly, these dedicated hoopsters have found Then, during half time I do the same thing— combination of teamwork, leadership, skill and this winning formula and attained the next I recheck my blood sugar. At the end of the effort which unlocks the door to success. rung of sporting success. game I check again to make sure I’m not too Under careful tutelage, hard-working teams Greater challenges remain, however, and I low or too high. not only win games, but also build the con- wish the Cheraw High School girls basketball I want a cure for diabetes so that I can do fidence necessary to win championships. team the best of luck in the Colorado A State what I want with my life—I want to be healthy and I want to help other people by Clearly, these dedicated hoopsters have found Championship. No matter what the outcome of being a scientist who helps to find cures for this winning formula and attained the next the next game, this team has proven it has the diseases. I also want a cure for all of the rung of sporting success. heart of a champion, and can take pride in the other people who have diabetes. As hard as it Greater challenges remain, however, and I District 2 Championship. is for me with diabetes, at least I am lucky wish the Caliche High School boys basketball f because my mom and dad and sister help me team the best of luck in the Colordao 2A State try to take real good care of myself. Some Championship. No matter what the outcome of TRUE COMMUNITY SERVICE: IN kids aren’t so lucky and they end up in the the next game, this team has proven it has the HONOR OF SISTER MARY ALICE hospital often. MURPHY Will you please vote for more money for re- heart of a champion, and can take pride in the search, to try to find a cure for diabetes? I District 2 Championship. know that with more money scientists will f HON. BOB SCHAFFER be able to find a cure more easily. There are OF COLORADO CONGRATULATING THE SWINK so many areas that are being researched and IN THE HOUSE OF REPRESENTATIVES if they don’t have enough money they can’t HIGH SCHOOL BOYS BASKET- do the research. PLEASE HELP! BALL TEAM Tuesday, March 2, 1999 Sincerely, Mr. SCHAFFER. Mr. Speaker, I rise today PHILIP BURGIN-YOUNG. HON. BOB SCHAFFER to pay tribute to Sister Mary Alice Murphy. f OF COLORADO September 1, 1999 marks the end of an era CONGRATULATING THE STERLING IN THE HOUSE OF REPRESENTATIVES defined by community service as Sister Mur- phy will step down as executive director of HIGH SCHOOL GIRLS BASKET- Tuesday, March 2, 1999 BALL TEAM Community Affordable Residences Enter- Mr. SCHAFFER. Mr. Speaker, I rise today prises. Known as CARE, the organization to honor the Swink High School boys basket- builds affordable housing for low-income resi- HON. BOB SCHAFFER ball team on their Class 2A District 4 Cham- dents in Fort Collins. OF COLORADO pionship. A Roman Catholic nun, Sister Murphy came IN THE HOUSE OF REPRESENTATIVES The Swink players, led by Coach Tim Jor- to Fort Collins in 1983 to lead Catholic Char- Tuesday, March 2, 1999 dan, will now advance to the next level in the ities Northern where she recognized the need Mr. SCHAFFER. Mr. Speaker, I rise today state basketball playoffs and their shot at the for affordable housing in my hometown. Keep to honor the Sterling High School girls basket- Colorado State 2A Championship. in mind, before 1993, affordable housing was ball team on the Class 4A District 4 Cham- All teams, no matter what the sport, contin- not even on City Council's policy agenda. She pionship. ually strive to find that special and unique had the foresight to point out a problem 16 The Sterling players, led by Coach Darrell combination of teamwork, leadership, skill and years ago that today has become one of the Parker, will now advance to the next level in effort which unlocks the door to success. most crucial issues in Fort Collins. Sister Mary the state basketball playoffs and their shot at Under careful tutelage, hard-working teams Alice could have stopped there like most crit- the Colorado State 4A Championship. not only win games, but also build the con- ics do, just pointing out a problem, but she CONGRESSIONAL RECORD — Extensions of Remarks E321 acted and led the leaders. She developed a CONGRATULATING THE DEER CONGRATULATING THE IDALIA plan for low income residents in Fort Collins TRAIL HIGH SCHOOL GIRLS BAS- HIGH SCHOOL GIRLS BASKET- which resulted in the construction of the Mis- KETBALL TEAM BALL TEAM sion homeless shelter in 1989. Again acting with foresight, Sister Mary HON. BOB SCHAFFER HON. BOB SCHAFFER Alice knew the Mission shelter was only tem- porary, and shelter residents would eventually OF COLORADO OF COLORADO need a more permanent place. CARE wanted IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES to build new homes for low-income residents because renovation of existing homes in Fort Tuesday, March 2, 1999 Tuesday, March 2, 1999 Collins was not the optimum solution. Sister Mr. SCHAFFER. Mr. Speaker, I rise today Mr. SCHAFFER. Mr. Speaker, I rise today Mary Alice sheparded CARE's construction of to honor the Deer Trail High School girls bas- to honor the Idalia High School girls basketball the 40-unit Greenbriar complex in 1995, the ketball team on their Class A District 8 Cham- team on their Class A District 5 Champion- first of three new housing units for low-income pionship. ship. families. The Deer Trail players, led by Coach Robert The Idalia players, led by Coach Mike Now in 1999, after almost two decades of Kelley, will now advance to the next level in Waitman, will now advance to the next level in service to low-income families in Fort Collins, the state basketball playoffs and their shot at the state basketball playoffs and their shot at CARE, under Sister Mary Alice's direction, has the Colorado State A Championship. the Colorado State A Championship. built three affordable housing complexes with All teams, no matter what the sport, contin- All teams, no matter what the sport, contin- 116 new housing units in Fort Collins and ually strive to find that special and unique ually strive to find that special and unique plans are in the making for a fourth project. combination of teamwork, leadership, skill and combination of teamwork, leadership, skill and When Sister Mary Alice steps down in Sep- effort which unlocks the door to success. effort which unlocks the door to success. tember, I am proud to say she will still be in- Under careful tutelage, hard-working teams Under careful tutelage, hard-working teams volved with affordable housing in Fort Collins not only win games, but also build the con- not only win games, but also build the con- by assuming an advisory role in CARE's board fidence necessary to win championships. fidence necessary to win championships. of directors. Clearly, these dedicated hoopsters have found Clearly, these dedicated hoopsters have found Mr. Speaker, today I am honored to pay this winning formula and attained the next this winning formula and attained the next tribute to a woman who exemplifies commu- rung of sporting success. rung of sporting success. nity service, service to humanity and faith in Greater challenges remain, however, and I Greater challenges remain, however, and I God. Sister Mary Alice Murphy is the person wish the Deer Trail High School girls basket- wish the Idalia High School girls basketball who identified the need for affordable housing ball team the best of luck in the Colorado A team the best of luck in the Colorado A State in Fort Collins and followed through by State Championship. No matter what the out- Championship. No matter what the outcome of sheparding the construction of it. We need come of the next game, this team has proven the next game, this team has proven it has the more citizens like Sister Mary Alice who see it has the heart of a champion, and can take heart of a champion, and can take pride in the problems and fixes them. pride in the District 8 Championship. District 5 Championship. f f f CONGRATULATING THE GENOA- CONGRATULATING THE IDALIA CONGRATULATING THE PRAIRIE HUGO HIGH SCHOOL BOYS BAS- HIGH SCHOOL BOYS BASKET- HIGH SCHOOL GIRLS BASKET- KETBALL TEAM BALL TEAM BALL TEAM

HON. BOB SCHAFFER HON. BOB SCHAFFER HON. BOB SCHAFFER OF COLORADO OF COLORADO OF COLORADO IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Tuesday, March 2, 1999 Tuesday, March 2, 1999 Tuesday, March 2, 1999 Mr. SCHAFFER. Mr. Speaker, I rise today Mr. SCHAFFER. Mr. Speaker, I rise today Mr. SCHAFFER. Mr. Speaker, I rise today to honor the Genoa-Hugo High School boys to honor the Idalia High School boys basket- to honor the Prairie High School girls basket- basketball team on their Class A District 7 ball team on their Class A District 5 Cham- ball team on their Class A District 4 Cham- Championship. pionship. pionship. The Genoa-Hugo players, led by Coach The Idalia players, led by Coach Dave The Prairie players, led by Coach Maggie Casey Moats, will now advance to the next Eastin, will now advance to the next level in Kilmer, will now advance to the next level in level in the state basketball playoffs and their the state basketball playoffs and their shot at the state basketball playoffs and their shot at shot at the Colorado State A Championship. the Colorado State A Championship. the Colorado State A Championship. All teams, no matter what the sport, contin- All teams, no matter what the sport, contin- All teams, no matter what the sport, contin- ually strive to find that special and unique ually strive to find that special and unique ually strive to find that special and unique combination of teamwork, leadership, skill and combination of teamwork, leadership, skill and combination of teamwork, leadership, skill and effort which unlocks the door to success. effort which unlocks the door to success. effort which unlocks the door to success. Under careful tutelage, hard-working teams Under careful tutelage, hard-working teams Under careful tutelage, hard-working teams not only win games, but also build the con- not only win games, but also build the con- not only win games, but also build the con- fidence necessary to win championships. fidence necessary to win championships. fidence necessary to win championships. Clearly, these dedicated hoopsters have found Clearly, these dedicated hoopsters have found Clearly, these dedicated hoopsters have found this winning formula and attained the next this winning formula and attained the next this winning formula and attained the next rung of sporting success. rung of sporting success. rung of sporting success. Greater challenges remain, however, and I Greater challenges remain, however, and I Greater challenges remain, however, and I wish the Genoa-Hugo High School boys bas- wish the Idalia High School boys basketball wish the Prairie High School girls basketball ketball team the best of luck in the Colorado team the best of luck in the Colorado A State team the best of luck in the Colorado A State A State Championship. No matter what the Championship. No matter what the outcome of Championship. No matter what the outcome of outcome of the next game, this team has the next game, this team has proven it has the the next game, this team has proven it has the proven it has the heart of a champion, and heart of a champion, and can take pride in the heart of a champion, and can take pride in the can take pride in the District 7 Championship. District 5 Championship. District 4 Championship. E322 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 1999 CONGRATULATING THE TRINIDAD Clearly, these dedicated hoopsters have found ball team on their Class A District 7 Cham- HIGH SCHOOL GIRLS BASKET- this winning formula and attained the next pionship. BALL TEAM rung of sporting success. The Flagler players, led by Coach Mike Greater challenges remain, however, and I Campbell, will now advance to the next level HON. BOB SCHAFFER wish the Trinidad High School girls basketball in the state basketball playoffs and their shot OF COLORADO team the best of luck in the Colorado A State at the Colorado State A Championship. IN THE HOUSE OF REPRESENTATIVES Championship. No matter what the outcome of All teams, no matter what the sport, contin- Tuesday, March 2, 1999 the next game, this team has proven it has the ually strive to find that special and unique heart of a champion, and can take pride in the combination of teamwork, leadership, skill and Mr. SCHAFFER. Mr. Speaker, I rise today District 6 Championship. to honor the Trinidad High School girls basket- effort which unlocks the door to success. ball team on their Class A District 6 Cham- f Under careful tutelage, hard-working teams pionship. not only win games, but also build the con- The Trinidad players, led by coach Mike CONGRATULATING THE FLAGLER fidence necessary to win championships. Vecellio, will now advance to the next level in HIGH SCHOOL GIRLS BASKET- Clearly, these dedicated hoopsters have found the state basketball playoffs and their shot at BALL TEAM this winning formula and attained the next the Colorado State A Championship. rung of sporting success. All teams, no matter what the sport, contin- HON. BOB SCHAFFER Greater challenges remain, however, and I ually strive to find that special and unique OF COLORADO wish the Flagler High School girls basketball combination of teamwork, leadership, skill and IN THE HOUSE OF REPRESENTATIVES team the best of luck in the Colorado A State effort which unlocks the door to success. Championship. No matter what the outcome of Under careful tutelage, hard-working teams Tuesday, March 2, 1999 the next game, this team has proven it has the not only win games, but also build the con- Mr. SCHAFFER. Mr. Speaker, I rise today heart of a champion, and can take pride in the fidence necessary to win championships. to honor the Flagler High School girls basket- District 7 Championship Tuesday, March 2, 1999 Daily Digest

HIGHLIGHTS Senate passed Small Business Year 2000 Readiness Act, and Special Com- mittee on Y2K Technology-related Problems Funding Increase bill. Senate Printing Authorization: Senate agreed to S. Res. Chamber Action 52, to authorize the printing of a collection of the Routine Proceedings, pages S2059–S2157 rules of the committees of the Senate. Page S2153 Measures Introduced: Twenty-two bills and two Senate Committee Appointments: Senate agreed resolutions were introduced, as follows: S. 491–512, to S. Res. 55, making appointments to certain Sen- and S. Res. 55–56. Pages S2095±96 ate committees for the 106th Congress. Page S2154 Measures Reported: Reports were made as follows: Dodson School Districts Impact Aid Applica- S. 364, to improve certain loan programs of the tions: Committee on Health, Education, Labor, and Small Business Administration. (S. Rept. No. 106–6) Pensions was discharged from further consideration S. 313, to repeal the Public Utility Holding Com- of S. 447, to deem as timely filed, and process for pany Act of 1935, to enact the Public Utility Hold- payment, the applications submitted by the Dodson ing Company Act of 1999. (S. Rept. No. 106–7) School Districts for certain Impact Aid payments for S. 247, to amend title 17, United States Code, to fiscal year 1999, and the bill was then passed. reform the copyright law with respect to satellite re- transmissions of broadcast signals, with amendments. Page S2154 Page S2094 National Girl Scout Week: Committee on the Ju- Measures Passed: diciary was discharged from further consideration of S. Res. 48, designating the week beginning March Small Business Year 2000 Readiness Act: By a 7, 1999, as ‘‘National Girl Scout Week’’, and the unanimous vote of 99 yeas (Vote No. 28), Senate resolution was then agreed to. Page S2156 passed S. 314, to provide for a loan guarantee pro- gram to address the Year 2000 computer problems National Read Across America Day: Senate agreed to S. Res. 56, recognizing March 2, 1999 as of small business concerns. Pages S2059±69 the ‘‘National Read Across America Day’’ and en- Special Committee on Y2K Funding Increase: couraging every child, parent and teacher to read Pursuant to the order of Thursday, February 25, throughout the year. Pages S2156±57 1999, Committee on Rules and Administration was discharged from further consideration of S. Res. 7, to Education Flexibility Partnership Act: Senate amend Senate Resolution 208 of the 105th Congress began consideration of the motion to proceed to the to increase funding of the Special Committee on the consideration of S. 280, to provide for education Year 2000 Technology-related Problems, and by 92 flexibility partnerships. Pages S2084±88 yeas to 6 nays (Vote No. 29), Senate agreed to the A unanimous-consent agreement was reached pro- resolution, after agreeing to the following amend- viding for further consideration of the motion to ment proposed thereto: Pages S2071±84 proceed to the consideration of the bill, with a vote Bennett/Dodd Amendment No. 30, to make a to occur on the motion to proceed, on Wednesday, conforming change. Page S2071 March 3, 1999. Page S2157 Joint Committee on Printing/Joint Committee Removal of Injunction of Secrecy: The injunction on the Library Membership: Senate agreed to S. of secrecy was removed from the following treaty: Res. 51, providing for members on the part of the The Extradition Treaty Between the Government Senate of the Joint Committee on Printing and the of the United States of America and the Government Joint Committee on the Library. Page S2153 of the Republic of Korea (Treaty Doc. 106–2). D194 March 2, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D195 The treaty was transmitted to the Senate today, considered as having been read for the first time, and Committee Meetings referred, with accompanying papers, to the Commit- (Committees not listed did not meet) tee on Foreign Relations and was ordered to be printed. Page S2154 CHILD NUTRITION PROGRAM Messages From the President: Senate received the Committee on Agriculture, Nutrition, and Forestry: Com- following messages from the President of the United mittee concluded hearings on proposed legislation, States: authorizing funds for federal child nutrition pro- Transmitting the report of the Federal Labor Rela- grams, after receiving testimony from Martha Hill, tions Authority for fiscal year 1997; referred to the Madison, West Virginia, and Gayle Lynn Mac- Committee on Governmental Affairs. (PM–12). Donald, Bellingham, Washington, both of the Pages S2093±94 American School Food Association; Barry Reese, In- During today’s proceedings, Senate also took the diana School Food Service Association, Auburn; following action: James D. Weill, Food Research Action Center, and Pursuant to the order of Thursday, February 25, Rhea F. Starr, YWCA of the U.S.A., both of Wash- 1999, Senate agreed to a motion to recess. ington, D.C.; and Nick Craft, on behalf of the Na- Page S2070 tional Child Care Association, Conyers, Georgia. Nominations Confirmed: Senate confirmed the fol- APPROPRIATIONS—AGRICULTURE lowing nominations: James M. Simon, Jr., of Alabama, to be Assistant Committee on Appropriations: Subcommittee on Agri- culture, Rural Development, and Related Agencies Director of Central Intelligence for Administration. concluded hearings on proposed budget estimates for Pages S2154±57 fiscal year 2000 for the Department of Agriculture, Nominations Received: Senate received the follow- focusing on assistance to producers and farm econ- ing nominations: omy, after receiving testimony from Keith Collins, Lawrence J. Delaney, of Maryland, to be an Assist- Chief Economist, August Schumacher, Jr., Under ant Secretary of the Air Force. Secretary for Farm and Foreign Agricultural Services, Lawrence Harrington, of Tennessee, to be United and Dennis Kaplan, Deputy Director for Budget, States Executive Director of the Inter-American De- Legislative and Regulatory Systems, all of the De- velopment Bank for a term of three years. partment of Agriculture. Richard M. McGahey, of the District of Colum- bia, to be an Assistant Secretary of Labor. NOMINATIONS A routine list in the Foreign Service. Page S2157 Committee on Armed Services: Committee ordered favor- ably reported 2,131 military nominations in the Air Messages From the President: Pages S2093±94 Force, Army, Navy, and Marine Corps. Measures Read First Time: Page S2094 AUTHORIZATION—DEFENSE Executive Reports of Committees: Pages S2094±95 Committee on Armed Services: Committee concluded Statements on Introduced Bills: Pages S2096±S2136 hearings on proposed legislation authorizing funds Additional Cosponsors: Pages S2136±38 for fiscal year 2000 for the Department of Defense, Amendments Submitted: Page S2139 and the future years defense program, after receiving testimony from Louis Caldera, Secretary of the Notices of Hearings: Page S2139 Army; Richard Danzig, Secretary of the Navy; and Authority for Committees: Pages S2139±40 F. Whitten Peters, Acting Secretary of the Air Force. Additional Statements: Pages S2140±53 NATIONAL DEFENSE BUDGET Record Votes: Two record votes were taken today. Committee on the Budget: Committee concluded hear- (Total—29) Pages S2068, S2083 ings on the President’s proposed budget request for Adjournment: Senate convened at 9:30 a.m. and fiscal year 2000 for national defense, after receiving adjourned at 6:34 p.m., until 9:30 a.m. on Wednes- testimony from William S. Cohen, Secretary, and day, March 3, 1999. (For Senate’s program, see the John J. Hamre, Deputy Secretary, both of the De- remarks of the Majority Leader in today’s Record on partment of Defense; and Gen. Henry H. Shelton, page S2157.) Chairman, Joint Chiefs of Staff. D196 CONGRESSIONAL RECORD — DAILY DIGEST March 2, 1999 AUTHORIZATION—SURFACE Georges, after receiving testimony from Mark S. Jae- TRANSPORTATION BOARD ger, Jockey International, Kenosha, Wisconsin; Rene Committee on Commerce, Science, and Transportation: Sub- Fonseca, Consultants International, Tegucigalpa, committee on Surface Transportation and Merchant Honduras; James Kenneth Isaacs, Samaritan’s Purse, Marine concluded hearings on proposed legislation Boone, North Carolina; and James Chapman, World authorizing funds for the Surface Transportation Vision, Washington, D.C. Board, Department of Transportation, after receiving DETERMINING MEDICAL NECESSITY testimony from Linda J. Morgan, Chairman, Surface Transportation Board, Department of Transportation; Committee on Health, Education, Labor, and Pensions: Edward M. Emmett, National Industrial Transpor- Committee concluded hearings to examine issues tation League, and William E. Harvey, Lyondell Pe- with regard to the delivery of necessary health care trochemical Company, on behalf of the Rail Cus- in the United States, after receiving testimony from tomer Coalition, both of Arlington, Virginia; John John E. Wennberg, Dartmouth College Medical Bratten, Central Soya Company, Inc., on behalf of School, Hanover, New Hampshire; Sara Rosenbaum, the National Grain and Feed Association, Edward George Washington University Medical Center, Wytkind, Transportation Trades Department Washington, D.C.; Linda A. Bergthold, Stanford (AFL–CIO), James M. Brunkenhoefer, United Trans- University, Stanford, California; Robert H. Brook, portation Union, and Edward R. Hamberger, Asso- RAND Health, Santa Monica, California; Lee N. ciation of American Railroads, all of Washington, Newcomer, UnitedHealth Group, Minneapolis, Min- D.C.; and Timothy R. Murphy, Mercer Management nesota; Woodrow A. Myers, Jr., Ford Motor Com- Consulting, Inc., Lexington, Massachusetts. pany, Dearborn, Michigan; and Richard F. Corlin, American Medical Association, Chicago, Illinois. DEPARTMENT OF THE INTERIOR BUDGET Y2K IMPACT ON FOOD INDUSTRY Committee on Energy and Natural Resources: Committee concluded oversight hearings on the President’s pro- Special Committee on the Year 2000 Technology Problem: posed budget request for fiscal year 2000 for the De- Committee concluded hearings to examine Y2K-re- partment of the Interior, focusing on Minerals Man- lated problems within the food industry, focusing on agement Service, Lands Legacy Initiative, Payments the manufacturing, distribution, and retail of food in Lieu of Taxes, Mining Law, National Park Service, products and recommendations relative to the status Office of Insular Affairs, Bureau of Reclamation, and of food import, export, preparation, and distribution, Alaska issues, after receiving testimony from Bruce after receiving testimony from Timothy M. Ham- Babbitt, Secretary of the Interior. monds, Food Marketing Institute, and C. Manly Molpus, Grocery Manufacturers of America, both of HURRICANE MITCH RELIEF Washington, D.C.; Mike Wright, SUPERVALU Committee on Foreign Relations: Subcommittee on INC., Minneapolis, Minnesota; Michael S. Heschel, Western Hemisphere, Peace Corps, Narcotics and Kroger Co., Cincinnati, Ohio; James R. Kinney, Terrorism concluded hearings on the United States Kraft Foods, Inc., New York, New York; and Jeri relief efforts in response to Hurricanes Mitch and Bender, Nestle USA, Glendale, California. March 2, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D197 House of Representatives a pilot program for the implementation of disaster Chamber Action mitigation measures by small businesses; Bills Introduced: 58 public bills, H.R. 891–948; 1 Pages H842±45 private bill, H.R. 949; and 7 resolutions, H.J. Res. Nullify Reservation of Funds Under Consoli- 35, H. Con. Res. 39, and H. Res. 84, 87–90, were dated Farm and Rural Development Act: H.R. introduced. Pages H888±91 882, to nullify any reservation of funds during fiscal Reports Filed: Reports were filed today as follows: year 1999 for guaranteed loans under the Consoli- H.R. 661, to direct the Secretary of Transpor- dated Farm and Rural Development Act for qualified tation to prohibit the commercial operation of super- beginning farmers or ranchers. Pages H846±48 sonic transport category aircraft that do not comply Social Security Guarantee Initiative: H.J. Res. with stage 3 noise levels if the European Union 32, amended, expressing the sense of the Congress adopts certain aircraft noise regulations (H. Rept. that the President and the Congress should join in 106–35); undertaking the Social Security Guarantee Initiative H.R. 609. To amend the Export Apple and Pear to strengthen and protect the retirement income se- Act to limit the applicability of the Act to apples curity of all Americans through the creation of a fair (H. Rept. 106–36); and modern Social Security Program for the 21st H. Res. 85, providing for consideration of the bill century (passed by a yea and nay vote of 416 yeas (H.R. 603) to amend title 49, United States Code, to one nay, Roll No. 29). Agreed to amend the title; to clarify the application of the Act popularly known and Pages H848±56 as the ‘‘Death on the High Seas Act’’ to aviation in- Export Apple Act: H.R. 609, to amend the Ex- cidents (H. Rept. 106–37); port Apple and Pear Act to limit the applicability H. Res. 86, providing for consideration of the bill of the Act to apples (passed by a yea and nay vote (H.R. 603) to amend title 49, United States Code, of 416 yeas with none voting ‘‘nay,’’ Roll No. 30). to clarify the application of the Act popularly known Pages H845±46, H856 as the ‘‘Death on the High Seas Act’’ to aviation in- cidents (H. Rept. 106–38); and Joint Committees on Printing and on the Li- H.R. 4, to declare it to be the policy of the brary: The House agreed to H. Res. 87, electing United States to deploy a national missile defense members of the Joint Committee on Printing and the Joint Committee of Congress on the Library. (H. Rept. 106–39). Page H888 Pages H856±57 Speaker Pro Tempore: Read a letter from the Speaker wherein he designated Representative Committee Election: The House agreed to H. Res. Stearns to act as Speaker pro tempore for today. 88, electing Representative Isakson to the Commit- tees on Education and the Workforce and Transpor- Page H827 tation and Infrastructure. Page H857 Recess: The House recessed at 11:21 and reconvened Quorum Calls—Votes: Two yea and nay votes de- at 12 noon. Page H834 veloped during the proceedings of the House today Presidential Message—Federal Labor Relations and appear on pages H855 and H856. There were Authority: Read a message from the President no quorum calls. wherein he transmitted the 19th annual report of the Adjournment: The House met at 10:30 a.m. and Federal Labor Relations Authority for fiscal year adjourned at 7:39 p.m. 1997—referred to the Committee on Government Reform. Page H838 Suspensions: The House agreed to Suspend the Committee Meetings rules and pass the following measures: AGRICULTURE, RURAL DEVELOPMENT, Child Labor Exemption for Certain Amish and FDA APPROPRIATIONS Other Youth: H.R. 221, amended, to amend the Committee on Appropriations: Subcommittee on Agri- Fair Labor Standards Act of 1938 to permit certain culture, Rural Development, Food and Drug Admin- youth to perform certain work with wood products. istration, and Related Agencies held a hearing on Pages H838±42 Research, Education, and Economics. Testimony was Disaster Mitigation Coordination Act: H.R. heard from the following officials of USDA: I. Miley 818, to amend the Small Business Act to authorize Gonzalez, Under Secretary; and Eileen Kennedy, D198 CONGRESSIONAL RECORD — DAILY DIGEST March 2, 1999 Deputy Assistant Secretary, both with Research, Reserve Affairs, Installations and Environment), Maj. Education, and Economics. Gen. Eugene A. Lupia, USAF, The Civil Engineer, LABOR-HHS-EDUCATION Brig. Gen. Craig R. McKinley, USAF, Deputy Di- APPROPRIATIONS rector, Air National Guard and Brig. Gen. Ralph S. Clemm, USAF, Deputy to the Chief, Office of the Committee on Appropriations: Subcommittee on Labor, Air Force Reserve, all with the Department of the Health and Human Services, and Education, held a Air Force. hearing on the National Institute on Drug Abuse, National Institute on Alcohol Abuse and Alcohol- DEFENSE REFORM INITIATIVES ism, and the National Institute of Nursing Research, Committee on Armed Services: Subcommittee on Mili- and on National Heart, Lung, and Blood Institute tary Readiness held a hearing on Defense reform ini- and the National Institute of Environmental Health tiatives, contracting out, and outsourcing. Testimony Sciences. Testimony was heard from the following was heard from Barry Holman, Assistant Director, officials of the NIH, Department of Health and National Security and International Affairs Division, Human Services: Alan I. Leshner, M.D., Director, Defense Management, GAO; and the following offi- National Institute on Drug Abuse; Enoch Gordis, cials of the Department of Defense: Stan Z. Soloway, M.D., Director, National Institute on Alcohol Abuse Deputy Under Secretary (Acquisition Reform); Ran- and Alcoholism; Patricia A. Grady, M.D., Director, dall A. Yim, Deputy Under Secretary (Installations); National Institute of Nursing Research; Claude Maj. Gen. Robert L. Van Antwerp, Jr., USA, Assist- Lenfant, M.D., Director, National Heart, Lung, and ant Chief of Staff, Installations Management, Depart- Blood Institute; and Kenneth Olden, M.D., Director, ment of the Army; Vice Adm. James Amerault, National Institute of Environmental Health Sciences. USA, Assistant Chief of Naval Operations (Logis- TREASURY-POSTAL SERVICE tics), Department of the Navy; Brig. Gen. Richard APPROPRIATIONS B. Bundy, USAF, Director, Manpower, Organization and Quality, Department of the Air Force; and Rob- Committee on Appropriations: Subcommittee on Treas- ert E. Hammond, Assistant Deputy Chief of Staff, ury, Postal Service, and General Government held a Installations and Logistics, U.S. Marine Corps. hearing on the Executive Office of the President. Testimony was heard from Mark Lindsay, Director, EFT–99 IMPLEMENTATION Office of Administration, Executive Office of the Committee on Banking and Financial Services: Sub- President; and Jacob Lew, Director, OMB. committee on General Oversight and Investigations VA-HUD-INDEPENDENT AGENCIES held a hearing to review implementation of EFT–99, APPROPRIATIONS the federal program designed to facilitate the pay- Committee on Appropriations: Subcommittee on VA, ment of government benefits by electronic rather HUD and Independent Agencies held a hearing on than paper check. Testimony was heard from John FEMA. Testimony was heard from James Lee Witt, Dyer, Principal Deputy Commissioner, SSA; Donald Director, FEMA. V. Hammond, Fiscal Assistant Secretary, Depart- ment of the Treasury; Gregory Bitz, Director of Fi- MILITARY CONSTRUCTION AND nance, Finance and Accounting Services Head- MILITARY FAMILY HOUSING FISCAL YEAR quarters, Department of Defense; and a public wit- 2000 BUDGET REQUEST ness. Committee on Armed Services: Subcommittee on Mili- tary Installations and Facilities held a hearing on fis- NURSING HOME RESIDENTS cal year 2000 budget request for military construc- PROTECTION AMENDMENTS tion and military family housing of the Department Committee on Commerce: Subcommittee on Health and of Defense. Testimony was heard from the following Environment approved for full Committee action officials of the Department of Defense: Robert Pirie, H.R. 540, Nursing Home Residents Protection Jr., Assistant Secretary (Installations and Facilities); Amendments of 1999. Rear Adm. Louis M. Smith, USN, Commander, Naval Facilities Engineering Command; Rear Adm. OLDER AMERICANS ACT (Select) John P. McLaughlin, USN, Deputy Director, Committee on Education and the Workforce: Subcommit- Naval Reserve, and Maj. Gen. Geoffrey B. tee on Postsecondary Education, Training, and Life- Higginbotham, USMC, Deputy Chief of Staff, Instal- Long Learning held a hearing on The Older Ameri- lations and Logistics (Facilities), Headquarters, U.S. cans Act: Meeting the Needs of Our Nation’s Sen- Marine Corps, all with the Department of the Navy; iors. Testimony was heard from Representatives Ruby B. DeMesme, Assistant Secretary (Manpower, DeFazio and Kolbe; and public witnesses. March 2, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D199 OVERSIGHT—2000 CENSUS mony was heard from the following officials of the Committee on Government Reform: Subcommittee on the Department of State: Bonnie Cohen, Under Sec- Census held a hearing on Oversight of the 2000 retary, Management; and Patrick Kennedy, Assistant Census: Examining the America Counts Today Secretary, Administration. (ACT) Initiatives to Enhance Traditional Enumera- BANKRUPTCY LEGISLATION; BUDGET tion Methods. Testimony was heard from Represent- VIEWS AND ESTIMATES atives Myrick and Meek of Florida; and Kenneth J. Committee on the Judiciary: Ordered reported amended Prewitt, Director, Bureau of the Census, Department H.R. 808, to extend for 3 additional months the pe- of Commerce. riod for which chapter 12 of title 11 of the United OVERSIGHT—YEAR 2000 PROBLEM States Code is reenacted. Committee on Government Reform: Subcommittee on The Committee also approved the Committee’s Government Management, Information, and Tech- Budget Views and Estimates for fiscal year 2000 for nology, and Subcommittee on Technology of the submission to the Committee on the Budget. Committee on Science held a joint hearing on Over- INDEPENDENT COUNSEL sight of the Year 2000 Problem at the Department REAUTHORIZATION of Defense: How Prepared is Our Nation’s Defense? Testimony was heard from the following officials of Committee on the Judiciary: Subcommittee on Com- the Department of Defense: Robert J. Lieberman, mercial and Administrative Law held a hearing on Assistant Inspector General, Auditing; and John J. the reauthorization of the Independent Counsel Act. Hamre, Deputy Secretary; and Jack L. Brock, Direc- Testimony was heard from Representatives Dickey, tor, Governmentwide and Defense Information Sys- Hastings of Florida and Thompson of Mississippi; tems, GAO. and Eric H. Holder, Jr., Deputy Attorney General, Department of Justice. OVERSIGHT—EFFORTS TO REDUCE WASTE, FRAUD AND MANAGEMENT WEAKNESSES PROHIBITION—COMMERCIAL OPERATION BY CERTAIN DEPARTMENTS OF SUPERSONIC TRANSPORTATION Committee on Government Reform: Subcommittee on Committee on Rules: Granted, by voice vote, an open National Security, Veterans Affairs, and International rule providing 1 hour of debate on H.R. 661, to di- Relations held an oversight hearing on efforts to ad- rect the Secretary of Transportation to prohibit the dress waste, fraud and management weaknesses by commercial operation of supersonic transport cat- the Departments of Defense, Veterans Affairs, and egory aircraft that do not comply with state 3 noise State. Testimony was heard from the following offi- levels if the European Union adopts certain aircraft cials of the Department of Defense: Nelson Toye, noise regulations. The rule waives clause 4(a) of Rule Deputy Chief Financial Officer; and Standley Z. XIII (requiring a three-day layover of the committee Soloway, Deputy Under Secretary, Acquisition Re- report) against consideration of the bill. The rule form; Edward A. Powell, Jr., Assistant Secretary, Fi- provides that the bill shall be open for amendment nancial Management, Department of Veterans Af- at any point. The rule authorizes the chair to accord fairs; and Bert T. Edwards, Chief Financial Officer, priority in recognition to Members who have pre- Department of State. printed their amendments in the Congressional Record. The rule permits the Chairman of the Com- U.S. SHOULD INTRODUCE RESOLUTION mittee of the Whole to postpone votes during con- CRITICIZING CHINA FOR HUMAN RIGHTS sideration of the bill, and to reduce voting time to ABUSES; FOREIGN RELATIONS AUTHORIZATION five minutes on a postponed question if the vote fol- lows a fifteen minute vote. Finally, the rule provides Committee on International Relations: Subcommittee on for one motion to recommit with or without instruc- International Operations and Human Rights ap- tions. Testimony was heard from Representatives proved for full Committee action amended Duncan and Sherwood. H.Con.Res. 28, expressing the sense of Congress that the United States should introduce and make all ef- ‘‘DEATH ON THE HIGH SEAS ACT’’— forts necessary to pass a resolution criticizing the CLARIFY APPLICATION People’s Republic of China for its human rights Committee on Rules: Granted, by voice vote, an open abuses in China and Tibet at the annual meeting of rule providing 1 hour of debate on H.R. 603, to the United Nations Commission on Human Rights. amend title 49, United States Code, to clarify the The Subcommittee also held a hearing on Foreign application of the Act popularly known as the Relations Authorization for Fiscal Years 2000–2001: ‘‘Death on the High Seas Act’’. The rule provides Department of State Management Initiatives. Testi- that each section of the bill shall be considered as D200 CONGRESSIONAL RECORD — DAILY DIGEST March 2, 1999 read. The rule authorizes the chair to accord priority Subcommittee on Legislative Branch, to hold hearings in recognition to Members who have pre-printed on proposed budget estimates for fiscal year 2000 for the their amendments in the Congressional Record. The Capitol Police Board, and the Architect of the Capitol, 10 rule permits the Chairman of the Committee of the a.m., SD–116. Whole to postpone votes during consideration of the Committee on Armed Services: Subcommittee on Person- nel, to continue hearings on proposed legislation author- bill, and to reduce voting time to five minutes on izing funds for fiscal year 2000 for the Department of a postponed question if the vote follows a fifteen Defense, focusing on recommendations pertaining to mili- minute vote. Finally, the rule provides for one mo- tary retirement, pay and compensation, and the Future tion to recommit with or without instructions. Tes- Years Defense Program, 10 a.m., SR–222. timony was heard from Representatives Duncan and Subcommittee on Airland, to hold hearings on pro- Sherwood. posed legislation authorizing funds for fiscal year 2000 for the Department of Defense, focusing on Army mod- MISCELLANEOUS MEASURES; BUDGET ernization, and the future years defense program, 1:30 VIEWS AND ESTIMATES p.m., SR–222. Committee on Transportation and Infrastructure: Ordered Subcommittee on SeaPower, to hold hearings on the reported the following bills: H.R. 819, Federal Mari- 21st century seapower vision overview and maritime im- time Commission Authorization Act of 1999; and plications of 21st century threats, 2 p.m., SR–232A. H.R. 707, amended, Disaster Mitigation and Cost Committee on the Budget: to hold hearings on the Presi- Reduction Act of 1999. dent’s proposed budget for fiscal year 2000, 10 a.m., SD–608. The Committee also approved the Committee’s Committee on Commerce, Science, and Transportation: busi- Budget Views and Estimates for fiscal year 2000 for ness Meeting to markup S.96, to regulate commerce be- submission to the Committee on the Budget. tween and among the several States by providing for the REPORT ON MEDICARE PAYMENT orderly resolution of disputes arising out of computer- POLICIES based problems related to processing data that includes a 2-digit expression of that year’s date, 10 a.m., SR–253. Committee on Ways and Means: Subcommittee on Committee on Energy and Natural Resources: with the Health held a hearing on the Report on Medicare Committee on Indian Affairs, to hold joint hearings on Payment Policies. Testimony was heard from Gail R. American Indian trust management practices in the De- Wilensky, Chair, Medicare Payment Advisory Com- partment of the Interior, 9:30 a.m., SD–106. mission. Subcommittee on Water and Power, to hold hearings on the President’s proposed budget request for fiscal year 2000 for the Bureau of Reclamation, Department of the Joint Meetings Interior, and the Power Marketing Administrations, De- VETERANS OF FOREIGN WARS partment of Energy, 2 p.m., SD–366. Committee on Environment and Public Works: Subcommit- Joint Hearing: Senate Committee on Veterans’ Affairs tee on Fisheries, Wildlife, and Drinking Water, to hold and the House Committee on Veterans’ Affairs con- oversight hearings on the Environmental Protection cluded joint hearings to review the legislative rec- Agency’s implementation of the 1996 amendments to the ommendations of the Veterans of Foreign Wars, after Safe Drinking Water Act, 9 a.m., SD–406. receiving testimony from Thomas A. Pouliot, Com- Committee on Finance: to hold hearings to examine edu- mander in Chief, Veterans of Foreign Wars of the cation savings incentives, education financing and school United States. construction financing proposals, 10 a.m., SD–215. Committee on Foreign Relations: Subcommittee on Inter- f national Economic Policy, Export and Trade Promotion, COMMITTEE MEETINGS FOR WEDNESDAY, to hold hearings on the commercial viability of a Caspian Sea export energy pipeline, 2 p.m., SD–419. MARCH 3, 1999 Committee on Governmental Affairs: to resume hearings (Committee meetings are open unless otherwise indicated) on the future of the Independent Counsel Act, 10 a.m., SH–216. Senate Committee on Health, Education, Labor, and Pensions: Sub- Committee on Appropriations: Subcommittee on Labor, committee on Aging, to hold oversight hearings on the Health and Human Services, and Education, to hold hear- implementation of the Older Americans Act, 9:30 a.m., ings on proposed budget estimates for fiscal year 2000 for SD–430. the Department of Education, 9:30 a.m., SD–138. Committee on Indian Affairs: with the Committee on En- Subcommittee on Defense, to hold hearings on pro- ergy and Natural Resources, to hold joint hearings on posed budget estimates for fiscal year 2000 for the De- American Indian trust management practices in the De- partment of Defense, 10 a.m., SD–192. partment of the Interior, 9:30 a.m., SD–106. March 2, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D201 House Committee on Government Reform, hearing on Fighting Crime in the Trenches, Part l, National Problems, Local Committee on Agriculture, Subcommittee on Risk Man- Solutions: Federalism at Work, 10 a.m., 2154 Rayburn. agement, Research, and Specialty Crops, hearing on agri- Committee on House Administration, to consider Commit- cultural biotechnology, 10:30 a.m., 1300 Longworth. tee funding requests, 2 p.m., 1310 Longworth. Committee on Appropriations, Subcommittee on Agri- Committee on International Relations, hearing on the Ad- culture, Rural Development, Food and Drug Administra- ministration’s Foreign Assistance Budget Request, 10 tion, and Related Agencies, on Marketing and Regulatory a.m., 2172 Rayburn. Programs, 1 p.m., 2362–A Rayburn. Subcommittee on Asia and the Pacific, hearing on Subcommittee on Commerce, Justice, State, and Judici- South Asia: Challenges in U.S. Policy, 1:30 p.m., 2200 ary, on Legal Services Corporation, 10:30 a.m., H–309 Rayburn. Capitol, and on Secretary of Commerce, 2 p.m., 2359 Subcommittee on International Economic Policy and Rayburn. Trade, hearing on a New World Order: Reassessing the Subcommittee on Defense, on fiscal year 2000 Depart- Export Administration Act, 2:30 p.m., 2237 Rayburn. ment of Defense budget, 10 a.m., 2359 Rayburn. Subcommittee on the Western Hemisphere, hearing on Subcommittee on Interior, on Recreational Fees, 10 the anti-drug effort in the Americas and implementation a.m., B–308 Rayburn. of the Western Hemisphere Drug Elimination Act, 1:30 Subcommittee on Labor, Health and Human Services, p.m., 2172 Rayburn. and Education, on National Institute of Neurological Dis- Committee on Resources, to consider the following bills: orders and Strokes, the National Institute on Aging, and H.R. 15, Otay Wilderness Act of 1999; H.R. 39, the National Institute on Mental Health, 10 a.m., and on Neotropical Migratory Bird Conservation Act; H.R. 154, National Institute of Diabetes, Digestive and Kidney Dis- to provide for the collection of fees for the making of mo- eases, the National Institute of Arthritis and Musculo- tion pictures, television productions, and sound tracks in skeletal and Skin Diseases, and the National Center for National Park System and National Wildlife Refuge Sys- Research Resources, 2 p.m., 2358 Rayburn. tem units; H.R. 449, Gateway Visitor Center Authoriza- Subcommittee on Treasury, Postal Service, and General tion Act of 1999; H.R. 509, to direct the Secretary of Government, on Office of National Drug Control Policy, the Interior to transfer to the personal representative of 10 a.m., and on U.S. Postal Service, 2 p.m., H–140 Cap- the estate of Fred Steffens of Big Horn County, Wyo- itol. ming, certain land comprising the Steffens family prop- Subcommittee on VA, HUD, Independent Agencies, erty; and H.R. 510, to direct the Secretary of the Interior on Court of Veterans Appeals, 9:30 a.m., and on Selective to transfer to John R. and Margaret J. Lowe of Big Horn Service System, 10:30 a.m., H–143 Capitol. County, Wyoming, certain land so as to correct an error Committee on Armed Services, to continue hearings on the in the patent issued to their predecessors in interest, fiscal year 2000 National Defense authorization budget 11:45 a.m., 1324 Longworth. request, 10 a.m., 2118 Rayburn. Committee on Rules, to consider the following: H.R. 820, Subcommittee on Military Procurement and the Sub- Coast Guard Authorization Act of 1999; H.R. 707, Dis- committee on Military Research and Development, joint aster Mitigation and Cost Reduction Act of 1999; and hearing on service aviation modernization plans, 1 p.m., H.R. 416 Federal Retirement Coverage Corrections Act, 2118 Rayburn. 3 p.m., H–313 Capitol. Committee on Banking and Financial Services, Subcommit- Committee on Science, Subcommittee on Energy and the tee on Capital Markets, Securities, and Government Spon- Environment, oversight hearing on Fiscal Year 2000 Re- sored Enterprises, hearing on hedge funds, 10 a.m., 2128 quest: Department of Energy Office of Science; Environ- Rayburn. ment, Safety, and Health; and Environmental Manage- Subcommittee on Housing and Community Oppor- ment, 10 a.m., 2318 Rayburn. tunity, hearing on HUD’s fiscal year 2000 budget, 3 Subcommittee on Space and Aeronautics, oversight p.m., 2128 Rayburn. hearing on Fiscal Year 2000 Budget: Aero-Space Tech- Committee on Commerce, Subcommittee on Finance and nology, 2 p.m., 2318 Rayburn. Hazardous Materials, to continue hearings on the Market Committee on Ways and Means, Subcommittee on Social Impact of the Administration’s Social Security Proposal, Security, hearing on Investing Social Security in the Pri- 10 a.m., 2123 Rayburn. vate Market, 10 a.m., 1100 Longworth. Committee on Education and the Workforce, to mark up Permanent Select Committee on Intelligence, hearing on Bio- H.R. 800, Education Flexibility Partnership Act of 1999, logical Warfare Threats and Capabilities, 2 p.m., 2212 11 a.m., 2175 Rayburn. Rayburn. D202 CONGRESSIONAL RECORD — DAILY DIGEST March 2, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, March 3 10 a.m., Wednesday, March 3

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. 603, ation of the motion to proceed to the consideration of S. Death on the High Seas Act (open rule, 1 hour of de- 280, Education Flexibility Partnership Act, with a vote bate); to occur on the motion to proceed; following which, Sen- H.R. 661, concerning supersonic transport aircraft that ate will begin consideration of the bill. do not comply with stage 3 noise levels (open rule, 1 hour of debate); and H.R. 669, to authorize Peace Corps Appropriations for fiscal years 2000 through 2003 (open rule, 1 hour of de- bate).

Extensions of Remarks, as inserted in this issue

HOUSE Green, Gene, Tex., E303, E305 Saxton, Jim, N.J., E314 Hinojosa, Rube´n, Tex., E316 Schaffer, Bob, Colo., E306, E307, E308, E315, E320, Ackerman, Gary L., N.Y., E304 Kildee, Dale E., Mich., E315 E321, E322 Andrews, Robert E., N.J., E316 Lampson, Nick, Tex., E303 Schakowsky, Janice D., Ill., E316 Bereuter, Doug, Nebr., E315 Levin, Sander M., Mich., E315 Sherman, Brad, Calif., E309 Bliley, Tom, Va., E313 Lewis, John, Ga., E306 Sherwood, Don, Pa., E311 Blumenauer, Earl, Ore., E318 McInnis, Scott, Colo., E312 Stark, Fortney Pete, Calif., E317 Brown, George E., Jr., Calif., E311 Moran, Jerry, Kans., E305 Stupak, Bart, Mich., E309, E310 Conyers, John, Jr., Mich., E306 Ney, Robert W., Ohio, E312 Thomas, William M., Calif., E310 Crane, Philip M., Ill., E303 Northup, Anne M., Ky., E313 Traficant, James A., Jr., Ohio, E309 Dingell, John D., Mich., E311 Paul, Ron, Tex., E303, E304, E306 Walsh, James T., N.Y., E304 Doolittle, John T., Calif., E313 Pickering, Charles W. ‘‘Chip’’, Miss., E310 Wilson, Heather, N.M., E309 Dunn, Jennifer, Wash., E313 Radanovich, George, Calif., E308, E310 Woolsey, Lynn C., Calif., E303, E305 Farr, Sam, Calif., E311 Rush, Bobby L., Ill., E305 Young, Don, Alaska, E314 Gilman, Benjamin A., N.Y., E308 Sanders, Bernard, Vt., E319

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