2162 CONGRESSIONAL RECORD—SENATE February 10, 1999 SENATE—Wednesday, February 10, 1999

The Senate met at 10:06 a.m. and was reminded that the motion adopted yes- Mr. COVERDELL. Mr. Leader, I am called to order by the Chief Justice of terday allows for a RECORD to be print- still a little confused about this post- the United States. ed on the day of the vote on the arti- ing of a statement in the RECORD. Is it f cles which could contain Senators’ possible for a Member of the Senate to final statements if they choose to have submit to the closed session their TRIAL OF WILLIAM JEFFERSON them printed. statement rather than speaking? I CLINTON, PRESIDENT OF THE Also, Senator DASCHLE was just not- think that might be desirable on the UNITED STATES ing that while Senators have been care- part of some. The CHIEF JUSTICE. The Senate ful not to comment on the discussion Mr. LOTT. I think the answer to that will convene as a Court of Impeach- in closed session, we still should use a is yes. You can do that. ment. The Chaplain will offer a prayer. lot of discretion in going out and talk- Mr. COVERDELL. In other words, if I ing to the media about the details of chose, I could submit the statement in PRAYER what is happening here. I don’t think my sequence to the RECORD, and subse- The Chaplain, Dr. Lloyd John there have been any violations, but use quently, at my choice, decide whether Ogilvie, offered the following prayer: a lot of discretion. I would prefer we it will be made part of the CONGRES- Sovereign God, thank You for the not even talk about which Senator SIONAL RECORD subsequent to the good men and women of this Senate. spoke or how many spoke. I think we close? Today we ask what should be done need to be careful in doing that. Mr. LOTT. I believe that is correct. when really good people disagree. You I expect the Senate will be in session Mr. COVERDELL. I thank the Lead- have shown us so clearly what should until approximately 6. We will confer er. and should not be done. When the fab- with the Senators, the leadership, and Mr. REID. Mr. Leader, and I would ric of our human relationships is being the Chief Justice, and see how the dis- also say they would all appear the frayed, it is time to deepen our rela- cussions are going, and the speeches, same as if they were spoken or not spo- tionship with You. Draw each Senator how many are being made. Perhaps we ken. into healing communion with You that would wrap it up before that. It would Mr. LOTT. Correct. will give physical strength and spir- just depend on how much endurance we Mr. LEAHY. Will the distinguished itual assurance of Your unqualified have today. majority leader yield? love for him or her. Then in the inner We will have a break from 12 until Mr. LOTT. I yield to the Senator heart give Your peace and direction. about 1:15, one hour and 15 minutes for from Vermont. Give each Senator the courage to speak lunch to allow the Chief Justice some Mr. LEAHY. Mr. Chief Justice, and I truth as she or he hears it and knows time to return to the Supreme Court appreciate the courtesy of my good it. When this trial is finished, may and then come back. friend from Mississippi, I notice, as he none feel the pangs of unspoken convic- I expect the Senate to convene again has, that there are a lot of empty seats tions. tomorrow at 10 a.m. in order to try to here in the Chamber. I realize at one Dear God, we also know there is conclude the debate and vote on the ar- time we thought we were coming in at something we dare not do when good ticles if at all possible by 5 o’clock on noon, to have committee meetings. people disagree. You do not condone Thursday. If we are still having speech- If these statements are not made in the impugning of other people’s char- es, if we can’t do it, we would certainly the RECORD, the only time we are going acters because they hold different con- just go over until Friday, but I think to have a chance to discuss with each victions. You do not want us to break we need to talk about that goal of 5 other what our thoughts are is in this our unity or the bond of sacred friend- o’clock on Thursday. closed session, by being here. I also ship. Bless these good Senators as they Mr. REID. Thursday. think, in respect to the Chief Justice, press forward together with love for Mr. LOTT. Also, I know some Sen- we should be doing that. You, America, and each other. In the ators are still on the way here from I am inclined, I would say to my unity of Your spirit and the bond of committee meetings. There are only friend from Mississippi, to suggest the peace. Amen. two or three going on today, but we absence of a quorum. I am withholding, The CHIEF JUSTICE. The Sergeant didn’t give them much notice that we just for a moment, doing that. But if at Arms will make the proclamation. were going to begin at 10, but we are we are going to be off in committee The Sergeant at Arms, James W. notifying everybody now that we will meetings, I don’t think that does serv- Ziglar, made proclamation as follows: come in at 10 tomorrow, so that they ice to the intent of this closed door Hear ye! Hear ye! Hear ye! All persons are will go ahead and be able to take ac- hearing. commanded to keep silent, on pain of impris- tion this morning to cancel those hear- I hope that both leaders—and I have onment, while the Senate of the United ings and be here sharply at 10 o’clock. discussed this with the distinguished States is sitting for the trial of the articles Again, we will alternate today, Democratic leader, too—would urge of impeachment exhibited by the House of across the aisle, with the speakers Members to be here. Nothing could be Representatives against William Jefferson going for up to 15 minutes. more important than this on our agen- Clinton, President of the United States. Senator INHOFE is scheduled to be our da today and tomorrow. THE JOURNAL first speaker today. Mr. LOTT. Mr. Chief Justice, I cer- The CHIEF JUSTICE. If there is no Mr. COVERDELL addressed the tainly agree with that. We are going to objection, the Journal of proceedings of Chair. have to have a momentary quorum, the trial is approved to date. Mr. LOTT. I will be glad to yield to just to get the doors closed and then The majority leader is recognized. Senator COVERDELL. officially go forward. We will call and ORDER OF PROCEDURE Mr. COVERDELL. Mr. Chief Justice, make sure all the committee hearings Mr. LOTT. Mr. Chief Justice, in a few I ask unanimous consent to pose a are being shut down. Actually, I think moments, the Senate will resume the point of clarification to the majority Members are coming in steadily, and closed session in order to allow Mem- leader. within a moment we are probably bers to continue to deliberate the two The CHIEF JUSTICE. Without objec- going to have almost all the Senators articles of impeachment. Members are tion. here. But we will take just a couple of

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

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 February 10, 1999 CONGRESSIONAL RECORD—SENATE 2163 minutes to notify committees to com- ORDERS FOR THURSDAY, FEBRUARY 11, 1999 tation, transmitting, pursuant to law, the re- plete their actions and come on the Mr. LOTT. Mr. Chief Justice, I ask port of a rule entitled ‘‘Security Zone; floor. unanimous consent that when the Sen- Chesapeake Bay, Hampton Roads, Norfolk Mr. LEAHY. If I might complete ate completes its business today, it Harbor Reach and Vicinity’’ (Docket 05–98– then, Mr. Chief Justice, out of respect 068) received on February 5, 1999; to the Com- stand in adjournment until 10 a.m. on mittee on Commerce, Science, and Transpor- to my friend from Mississippi, and in Thursday, February 11. I further ask tation. courtesy to what he said, I will not that upon reconvening on Thursday EC–1703. A communication from the Gen- make that suggestion, knowing that he and immediately following the prayer, eral Counsel of the Department of Transpor- is going to make a similar suggestion the majority leader be recognized to tation, transmitting, pursuant to law, the re- anyway. make a brief statement with respect to port of a rule entitled ‘‘Security Zone; Mr. GRAMM. Will the distinguished the Senate schedule. I further ask Chesapeake Bay, Hampton Roads, Elizabeth river, VA’’ (Docket 05–98–070) received on majority leader yield? unanimous consent that following the Mr. LOTT. I will be glad to yield. February 5, 1999; to the Committee on Com- majority leader’s comments, the Sen- merce, Science, and Transportation. Mr. GRAMM. Mr. Chief Justice, we ate resume final deliberations in closed EC–1704. A communication from the Gen- are eager to get on with the debate. We session on the articles of impeachment. eral Counsel of the Department of Transpor- have a quorum present. The Senator The CHIEF JUSTICE. In the absence tation, transmitting, pursuant to law, the re- can make a point of order that a of objection, it is so ordered. port of a rule entitled ‘‘Safety Zone; Eastern quorum is not present, but it is obvious Branch Elizabeth River, Labor Day Fire- PROGRAM to the naked eye that a quorum is works Display, Harbor Park, Norfolk, VA’’ Mr. LOTT. We will reconvene tomor- (Docket 05–98–078) received on February 5, present. row morning at 10 o’clock, and we hope Mrs. HUTCHISON. Mr. Leader, would 1999; to the Committee on Commerce, to be able to finish tomorrow after- you yield? Science, and Transportation. noon, Mr. Chief Justice, but we have to EC–1705. A communication from the Gen- Mr. LOTT. I will be glad to yield. eral Counsel of the Department of Transpor- Mrs. HUTCHISON. I think it is im- make a lot better progress than we did today. tation, transmitting, pursuant to law, the re- portant, for the record, that it be port of a rule entitled ‘‘Safety Zone; Eastern known there are at least 60 to 70 Mem- f Branch Elizabeth River, Labor Day Fire- bers in the Chamber, ready to proceed. ADJOURNMENT UNTIL 10 A.M. works Display, Harbor Park, Norfolk, VA’’ Mr. LOTT. My count is we have TOMORROW (Docket 05–98–077) received on February 5, about 70 Members here and I’m sure we 1999; to the Committee on Commerce, will have a full complement here mo- Mr. LOTT. If there is no further busi- Science, and Transportation. mentarily, so we can lock the doors ness, I ask unanimous consent that the EC–1706. A communication from the Gen- eral Counsel of the Department of Transpor- and give a few more Senators a little Senate adjourn under the previous order. tation, transmitting, pursuant to law, the re- more time to get here. Would the Sen- port of a rule entitled ‘‘Safety Zone; All Wa- ator from Alaska like to speak? There being no objection, at 6:21 p.m. the Senate, sitting as a Court of Im- ters within the Captain of the Port Wil- Mr. MURKOWSKI. May I ask for mington Zone as Defined by 33 CFR 3.25–20’’ clarification relative to submitting peachment, adjourned until Thursday, (Docket 05–98–079) received on February 5, statements in the RECORD and having February 11, 1999, at 10 a.m. 1999; to the Committee on Commerce, them printed? What day would they be (Pursuant to an order of January 26, Science, and Transportation. EC–1707. A communication from the Gen- printed in the RECORD, assuming that 1999, the following was submitted at the desk during today’s session:) eral Counsel of the Department of Transpor- we finish Thursday? The Friday tation, transmitting, pursuant to law, the re- f RECORD? port of a rule entitled ‘‘Safety Zone; Neptune Mr. LOTT. The day of the vote, MESSAGES FROM THE PRESIDENT Festival Fireworks Display, Atlantic Ocean, which means it would come out, I Virginia Beach, VA’’ (Docket 05–98–087) re- Messages from the President of the guess, the next day. So if we vote on ceived on February 5, 1999; to the Committee Thursday—if we vote on Friday, then it United States were communicated to on Commerce, Science, and Transportation. would be available, I guess, Saturday the Senate by Mr. Thomas, one of his EC–1708. A communication from the Gen- morning. If we vote Thursday night, it secretaries. eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- would be available in the RECORD Fri- EXECUTIVE MESSAGES REFERRED As in executive session the Presiding port of a rule entitled ‘‘Safety Zone; Lake day morning. Muskegon, Muskegon, Michigan’’ (Docket 09– Mr. MURKOWSKI. I thank the lead- Officer laid before the Senate messages 98–017) received on February 5, 1999; to the er. from the President of the United Committee on Commerce, Science, and Mr. LOTT. If the Senators choose. States submitting sundry nominations Transportation. Mr. Chief Justice, I suggest the ab- which were referred to the appropriate EC–1709. A communication from the Gen- sence of a quorum. committees. eral Counsel of the Department of Transpor- The CHIEF JUSTICE. Would the (The nominations received today are tation, transmitting, pursuant to law, the re- leader wish we go into closed session printed at the end of the Senate pro- port of a rule entitled ‘‘Safety Zone; Lake Michigan’’ (Docket 09–98–020) received on before the quorum call? ceeding.) Mr. LOTT. Yes, Mr. Chief Justice, February 5, 1999; to the Committee on Com- f merce, Science, and Transportation. and then suggest the absence of a EXECUTIVE AND OTHER EC–1710. A communication from the Gen- quorum. eral Counsel of the Department of Transpor- The CHIEF JUSTICE. The Senate COMMUNICATIONS tation, transmitting, pursuant to law, the re- will now resume closed session for final The following communications were port of a rule entitled ‘‘Safety Zone; Lake deliberations on the articles of im- laid before the Senate, together with Michigan, Muskegon, Michigan’’ (Docket 09– peachment. accompanying papers, reports, and doc- 98–026) received on February 5, 1999; to the Committee on Commerce, Science, and CLOSED SESSION uments, which were referred as indi- Transportation. (At 10:16 a.m., the doors of the Cham- cated: EC–1711. A communication from the Gen- ber were closed. The proceedings of the EC–1701. A communication from the Gen- eral Counsel of the Department of Transpor- Senate were held in closed session until eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- 6:21 p.m., at which time the following tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Safety Zone; Lake occurred.) port of a rule entitled ‘‘Safety Zone; Dewey Michigan, North Beach, Michigan’’ (Docket Point, at the convergence of Greens Creek OPEN SESSION 09–98–027) received on February 5, 1999; to the and Smith Creek near Oriental, North Caro- Mr. LOTT. Mr. Chief Justice, I now Committee on Commerce, Science, and lina’’ (Docket 05–98–054) received on Feb- Transportation. ask unanimous consent that the Sen- ruary 5, 1999; to the Committee on Com- EC–1712. A communication from the Gen- ate return to open session. merce, Science, and Transportation. eral Counsel of the Department of Transpor- The CHIEF JUSTICE. Without objec- EC–1702. A communication from the Gen- tation, transmitting, pursuant to law, the re- tion, it is so ordered. eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Safety Zone; Lake

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 2164 CONGRESSIONAL RECORD—SENATE February 10, 1999 Michigan, Michigan City, Indiana’’ (Docket tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Safety Zone Regula- 09–98–028) received on February 5, 1999; to the port of a rule entitled ‘‘Safety Zone; Lake tions; St. Helens 4th of July Fireworks Dis- Committee on Commerce, Science, and Michigan, Chicago, Illinois’’ (Docket 09–98– play, Columbia River, St. Helens, OR’’ Transportation. 045) received on February 5, 1999; to the Com- (Docket 13–98–017) received on February 5, EC–1713. A communication from the Gen- mittee on Commerce, Science, and Transpor- 1999; to the Committee on Commerce, eral Counsel of the Department of Transpor- tation. Science, and Transportation. tation, transmitting, pursuant to law, the re- EC–1724. A communication from the Gen- EC–1734. A communication from the Gen- port of a rule entitled ‘‘Safety Zone; Lake eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- Michigan, Michigan City, Indiana’’ (Docket tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- 09–98–031) received on February 5, 1999; to the port of a rule entitled ‘‘Safety Zone; Lake port of a rule entitled ‘‘Safety Zone Regula- Committee on Commerce, Science, and Michigan, Michigan City, IN’’ (Docket 09–98– tions; Fourth of July Fireworks Display, Transportation. 046) received on February 5, 1999; to the Com- Grays Harbor, Westport, WA’’ (Docket 13–98– EC–1714. A communication from the Gen- mittee on Commerce, Science, and Transpor- 018) received on February 5, 1999; to the Com- eral Counsel of the Department of Transpor- tation. mittee on Commerce, Science, and Transpor- tation, transmitting, pursuant to law, the re- EC–1725. A communication from the Gen- tation. port of a rule entitled ‘‘Safety Zone; St. Jo- eral Counsel of the Department of Transpor- EC–1735. A communication from the Gen- seph, Michigan’’ (Docket 09–98–032) received tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- on February 5, 1999; to the Committee on port of a rule entitled ‘‘Safety Zone; Lake tation, transmitting, pursuant to law, the re- Commerce, Science, and Transportation. Michigan, Pentwater, MI’’ (Docket 09–98–047) port of a rule entitled ‘‘Safety Zone Regula- EC–1715. A communication from the Gen- received on February 5, 1999; to the Com- tions; Oaks Amusement Park Fireworks Dis- eral Counsel of the Department of Transpor- mittee on Commerce, Science, and Transpor- play, Willamette River, Portland, OR’’ tation, transmitting, pursuant to law, the re- tation. (Docket 13–98–019) received on February 5, port of a rule entitled ‘‘Safety Zone; Chi- EC–1726. A communication from the Gen- 1999; to the Committee on Commerce, cago, Illinois’’ (Docket 09–98–033) received on eral Counsel of the Department of Transpor- Science, and Transportation. February 5, 1999; to the Committee on Com- tation, transmitting, pursuant to law, the re- EC–1736. A communication from the Gen- merce, Science, and Transportation. port of a rule entitled ‘‘Safety Zone; Navy eral Counsel of the Department of Transpor- EC–1716. A communication from the Gen- Pier, Chicago, Illinois’’ (Docket 09–98–048) re- tation, transmitting, pursuant to law, the re- eral Counsel of the Department of Transpor- ceived on February 5, 1999; to the Committee port of a rule entitled ‘‘Safety Zone Regula- tation, transmitting, pursuant to law, the re- on Commerce, Science, and Transportation. tions; Oregon Food Bank Blues Festival port of a rule entitled ‘‘Safety Zone; Black EC–1727. A communication from the Gen- Fireworks Display, Wilamette River, Port- river, South Haven, Michigan’’ (Docket 09– eral Counsel of the Department of Transpor- land, OR’’ (Docket 13–98–020) received on Feb- 98–034) received on February 5, 1999; to the tation, transmitting, pursuant to law, the re- ruary 5, 1999; to the Committee on Com- Committee on Commerce, Science, and port of a rule entitled ‘‘Safety Zone; Lake merce, Science, and Transportation. Transportation. Michigan, Grand Haven, MI’’ (Docket 09–98– EC–1737. A communication from the Gen- EC–1717. A communication from the Gen- 049) received on February 5, 1999; to the Com- eral Counsel of the Department of Transpor- eral Counsel of the Department of Transpor- mittee on Commerce, Science, and Transpor- tation, transmitting, pursuant to law, the re- tation, transmitting, pursuant to law, the re- tation. port of a rule entitled ‘‘Safety Zone Regula- port of a rule entitled ‘‘Safety Zone; Kala- EC–1728. A communication from the Gen- tions; Fourth of July Fireworks Display, mazoo Lake and River, Saugatuck, Michi- eral Counsel of the Department of Transpor- Chehalis River, Aberdeen, WA’’ (Docket 13– gan’’ (Docket 09–98–035) received on February tation, transmitting, pursuant to law, the re- 98–021) received on February 5, 1999; to the 5, 1999; to the Committee on Commerce, port of a rule entitled ‘‘Safety Zone Regula- Committee on Commerce, Science, and Science, and Transportation. tions; Commencement Bay, Tacoma, WA’’ Transportation. EC–1718. A communication from the Gen- (Docket 13–98–005) received on February 5, EC–1738. A communication from the Gen- eral Counsel of the Department of Transpor- 1999; to the Committee on Commerce, eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- Science, and Transportation. tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Safety Zone; White EC–1729. A communication from the Gen- port of a rule entitled ‘‘Safety Zone Regula- Lake, Whitehall, Michigan’’ (Docket 09–98– eral Counsel of the Department of Transpor- tions; Seafair’s Blue Angels Air Show, Lake 036) received on February 5, 1999; to the Com- tation, transmitting, pursuant to law, the re- Washington, Seattle, WA’’ (Docket 13–98–024) mittee on Commerce, Science, and Transpor- port of a rule entitled ‘‘Safety Zone Regula- received on February 5, 1999; to the Com- tation. tions; Kennewick Old Fashioned Fourth of mittee on Commerce, Science, and Transpor- EC–1719. A communication from the Gen- July Fireworks Display, Columbia River, tation. eral Counsel of the Department of Transpor- Kennewick, WA’’ (Docket 13–98–013) received EC–1739. A communication from the Gen- tation, transmitting, pursuant to law, the re- on February 5, 1999; to the Committee on eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Safety Zone; North Commerce, Science, and Transportation. tation, transmitting, pursuant to law, the re- Pier, South Haven, Michigan’’ (Docket 09–98– EC–1730. A communication from the Gen- port of a rule entitled ‘‘Safety Zone Regula- 039) received on February 5, 1999; to the Com- eral Counsel of the Department of Transpor- tions; Astoria Regatta Fireworks Display, mittee on Commerce, Science, and Transpor- tation, transmitting, pursuant to law, the re- Columbia River, Astoria, OR’’ (Docket 13–98– tation. port of a rule entitled ‘‘Safety Zone Regula- 025) received on February 5, 1999; to the Com- EC–1720. A communication from the Gen- tions; Fourth of July Fireworks Display, Co- mittee on Commerce, Science, and Transpor- eral Counsel of the Department of Transpor- lumbia River, Astoria, OR’’ (Docket 13–98– tation. tation, transmitting, pursuant to law, the re- 014) received on February 5, 1999; to the Com- EC–1740. A communication from the Gen- port of a rule entitled ‘‘Safety Zone; Grand mittee on Commerce, Science, and Transpor- eral Counsel of the Department of Transpor- River, Grand Haven, Michigan’’ (Docket 09– tation. tation, transmitting, pursuant to law, the re- 98–040) received on February 5, 1999; to the EC–1731. A communication from the Gen- port of a rule entitled ‘‘Safety Zone Regula- Committee on Commerce, Science, and eral Counsel of the Department of Transpor- tions; Bite of Portland Fireworks Display, Transportation. tation, transmitting, pursuant to law, the re- Wilamette River, Portland, Oregon’’ (Docket EC–1721. A communication from the Gen- port of a rule entitled ‘‘Safety Zone Regula- 13–98–027) received on February 5, 1999; to the eral Counsel of the Department of Transpor- tions; Fourth of July Fireworks Display, Co- Committee on Commerce, Science, and tation, transmitting, pursuant to law, the re- lumbia River, Vancouver, WA’’ (Docket 13– Transportation. port of a rule entitled ‘‘Safety Zone; Lake 98–015) received on February 5, 1999; to the EC–1741. A communication from the Gen- Michigan, Hammond, Indiana’’ (Docket 09– Committee on Commerce, Science, and eral Counsel of the Department of Transpor- 98–041) received on February 5, 1999; to the Transportation. tation, transmitting, pursuant to law, the re- Committee on Commerce, Science, and EC–1732. A communication from the Gen- port of a rule entitled ‘‘Safety Zone Regula- Transportation. eral Counsel of the Department of Transpor- tions; Oregon Symphony Fireworks Display, EC–1722. A communication from the Gen- tation, transmitting, pursuant to law, the re- Willamette River, Portland, Oregon’’ (Dock- eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Safety Zone Regula- et 13–98–028) received on February 5, 1999; to tation, transmitting, pursuant to law, the re- tions; Rainier Days Fireworks Display, Co- the Committee on Commerce, Science, and port of a rule entitled ‘‘Safety Zone; Lake lumbia River, Rainier, OR’’ (Docket 13–98– Transportation. Michigan, New Buffalo, Michigan’’ (Docket 016) received on February 5, 1999; to the Com- EC–1742. A communication from the Gen- 09–98–044) received on February 5, 1999; to the mittee on Commerce, Science, and Transpor- eral Counsel of the Department of Transpor- Committee on Commerce, Science, and tation. tation, transmitting, pursuant to law, the re- Transportation. EC–1733. A communication from the Gen- port of a rule entitled ‘‘Security/Safety Zone EC–1723. A communication from the Gen- eral Counsel of the Department of Transpor- Regulation; Columbia River, Portland, OR’’ eral Counsel of the Department of Transpor- tation, transmitting, pursuant to law, the re- (Docket 13–98–029) received on February 5,

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 February 10, 1999 CONGRESSIONAL RECORD—SENATE 2165 1999; to the Committee on Commerce, to the Committee on Banking, Housing, and the Committee on Banking, Housing, and Science, and Transportation. Urban Affairs. Urban Affairs. EC–1743. A communication from the Gen- By Mr. CAMPBELL (for himself and f eral Counsel of the Department of Transpor- Mr. INOUYE): tation, transmitting, pursuant to law, the re- S. 399. A bill to amend the Indian Gaming SUBMISSION OF CONCURRENT AND port of a rule entitled ‘‘Safety/Security Zone Regulatory Act, and for other purposes; to SENATE RESOLUTIONS Regulation; Willamette River, Portland, OR’’ the Committee on Indian Affairs. (Docket 13–98–030) received on February 5, S. 400. A bill to provide technical correc- The following concurrent resolutions 1999; to the Committee on Commerce, tions to the Native American Housing As- and Senate resolutions were read, and Science, and Transportation. sistance and Self-Determination Act of 1996, referred (or acted upon), as indicated: EC–1744. A communication from the Gen- to improve the delivery of housing assistance By Mr. GRASSLEY (for himself and eral Counsel of the Department of Transpor- to Indian tribes in a manner that recognizes Mr. KERREY): tation, transmitting, pursuant to law, the re- the right of tribal self-governance, and for S. Con. Res. 8. A concurrent resolution ex- port of a rule entitled ‘‘Security/Safety Zone other purposes; to the Committee on Indian pressing the sense of Congress that assist- Regulation; Willamette River, Portland, OR’’ Affairs. ance should be provided to pork producers to (Docket 13–98–031) received on February 5, S. 401. A bill to provide for business devel- alleviate economic conditions faced by the 1999; to the Committee on Commerce, opment and trade promotion for native producers; to the Committee on Agriculture, Science, and Transportation. Americans, and for other purposes; to the Nutrition, and Forestry. EC–1745. A communication from the Gen- Committee on Indian Affairs. eral Counsel of the Department of Transpor- By Mr. INOUYE: f tation, transmitting, pursuant to law, the re- S. 402. A bill for the relief of Alfredo port of a rule entitled ‘‘Security Zone; Vice Tolentino of Honolulu, Hawaii; to the Com- STATEMENTS ON INTRODUCED President Gore’s Visit to Seattle, Wash- mittee on Governmental Affairs. BILLS AND JOINT RESOLUTIONS ington’’ (Docket 13–98–032) received on Feb- By Mr. ALLARD (for himself and Mr. By Mr. BINGAMAN: ruary 5, 1999; to the Committee on Com- SANTORUM): S. 397. A bill to authorize the Sec- merce, Science, and Transportation. S. 403. A bill to prohibit implementation of retary of Energy to establish a multi- EC–1746. A communication from the Gen- ‘‘Know Your Customer’’ regulations by the eral Counsel of the Department of Transpor- Federal banking agencies; to the Committee agency program in support of the Ma- tation, transmitting, pursuant to law, the re- on Banking, Housing, and Urban Affairs. terials Corridor Partnership Initiative port of a rule entitled ‘‘Safety Zone Regula- By Mr. THOMAS (for himself, Mr. ENZI, to promote energy efficient, environ- tions, Commencement Bay, Tacoma, Wash- Mr. HELMS, Mr. MURKOWSKI, Mr. mentally sound economic development ington’’ (Docket 13–98–033) received on Feb- COVERDELL, Mr. HAGEL, Mr. SMITH of along the border with Mexico through ruary 5, 1999; to the Committee on Com- Oregon, Mr. SMITH of New Hamp- the research, development, and use of merce, Science, and Transportation. shire, Mr. ROBERTS, Mr. NICKLES, and new materials; to the Committee on EC–1747. A communication from the Gen- Mr. SESSIONS): Energy and Natural Resources. eral Counsel of the Department of Transpor- S. 404. A bill to prohibit the return of vet- tation, transmitting, pursuant to law, the re- erans memorial objects to foreign nations NATIONAL MATERIALS CORRIDOR PARTNERSHIP port of a rule entitled ‘‘Safety Zone; Neptune without specific authorization in law; to the ACT OF 1999 Festival Fireworks Display, Atlantic Ocean, Committee on Veterans Affairs. ∑ Mr. BINGAMAN. Mr. President, Virginia Beach, VA’’ (Docket 13–98–086) re- By Mr. HOLLINGS: today I am pleased to introduce the ceived on February 5, 1999; to the Committee S. 405. A bill to prohibit the operation of ‘‘National Materials Corridor Partner- on Commerce, Science, and Transportation. civil supersonic transport aircraft to or from ship Act of 1999.’’ This bill will estab- f airports in the United States under certain lish a comprehensive, multiagency pro- circumstances; to the Committee on Com- EXECUTIVE REPORT OF merce, Science, and Transportation. gram, led by the Department of En- COMMITTEE By Mr. MURKOWSKI (for himself, Mr. ergy, to promote energy efficient, envi- ronmentally sound economic develop- The following executive report of LOTT, Mr. BAUCUS, Mr. INHOFE, Mr. COCHRAN, Mr. CAMPBELL, and Mr. ment along the U.S.-Mexican border committee was submitted: INOUYE): through the research, development, By Mr. CAMPBELL, from the Committee S. 406. A bill to amend the Indian Health and use of new materials technology. I on Indian Affairs: Care Improvement Act to make permanent am also pleased to say that I developed Montie R. Deer, of Kansas, to be Chairman the demonstration program that allows for this bill with Congressman GEORGE of the National Indian Gaming Commission direct billing of medicare, medicaid, and for the term of three years. other third party payors, and to expand the BROWN, the ranking member of the (The above nomination was reported eligibility under such program to other House Science Committee, who will in- with the recommendation that he be tribes and tribal organizations; to the Com- troduce it in the House of Representa- confirmed, subject to the nominee’s mittee on Indian Affairs. tives. By Mr. LAUTENBERG (for himself, commitment to respond to requests to As many of you are aware, NAFTA Mr. TORRICELLI, Mr. SCHUMER, Mrs. and the globalization of our economy appear and testify before any duly con- FEINSTEIN, Mr. ROBB, Mr. SARBANES, stituted committee of the Senate.) have created a surge of economic Mr. KENNEDY, Mr. KERRY, and Ms. growth all along the 2000 mile U.S.- f MIKULSKI): S. 407. A bill to reduce gun trafficking by Mexican border. The border region has INTRODUCTION OF BILLS AND prohibiting bulk purchases of handguns; to become a major center for manufac- JOINT RESOLUTIONS the Committee on the Judiciary. turing and assembly in many indus- The following bills and joint resolu- By Mr. BRYAN: tries, such as microelectronics and tions were introduced, read the first S. 408. A bill to direct the Secretary of the automobile parts, as well as a center Interior to convey a former Bureau of Land for many materials industries, such as and second time by unanimous con- Management administrative site to the City sent, and referred as indicated: metals and plastics. However, with this of Carson City, Nevada, for use as a senior economic growth have come serious By Mr. BINGAMAN: center; to the Committee on Energy and S. 397. A bill to authorize the Secretary of Natural Resources. problems. Pollution, hazardous wastes, Energy to establish a multiagency program By Mr. KENNEDY (for himself, Mr. and the inefficient use of resources in support of the Materials Corridor Partner- DOMENICI, Mr. REID, Mr. GRASSLEY, threaten people’s health and the pros- ship Initiative to promote energy efficient, Mr. ABRAHAM, Mr. ROBB, Ms. COL- pects for long term economic growth. environmentally sound economic develop- LINS, Mrs. BOXER, Mr. SANTORUM, Mr. For example, there are numerous ‘‘non- ment along the border with Mexico through SARBANES, and Ms. SNOWE): attainment’’ regions for carbon mon- the research, development, and use of new S. 409. A bill to authorize qualified organi- oxide and ozone along the border. If materials; to the Committee on Energy and zations to provide technical assistance and you’ve been down to the El Paso area, Natural Resources. capacity building services to microenterprise By Mr. CAMPBELL: development organizations and programs and where New Mexico, Texas, and Mexico S. 398. A bill to require the Secretary of to disadvantaged entrepreneurs using funds come together, your eyes and nose will the Treasury to mint coins in commemora- from the Community Development Financial tell you something’s not as it should tion of Native American history and culture; Institutions Fund, and for other purposes; to be.

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 2166 CONGRESSIONAL RECORD—SENATE February 10, 1999 However, solutions to some of these Council,’’ has organized itself in re- mon problems will be much more effec- problems may lie close at hand—in new sponse, the U.S. government has yet to tive than trying to go it alone. materials technologies. There are pick up on the Mexican offer. My legis- Mr. President, I think the ‘‘National many research institutions along both lation is meant to kick start the ‘‘Ma- Materials Corridor Partnership Act of sides of the border which have exper- terials Corridor Partnership Initiative’’ 1999’’ is an idea whose time has finally tise in materials technology. In my inside the federal government. arrived. I hope my colleagues, particu- state alone, Los Alamos and Sandia So, what are the features of the pro- larly from the states along the U.S.- National Labs, New Mexico Tech, and gram? It would be an interagency pro- Mexican border, will join me in sup- the University of New Mexico, among gram led by the Department of Energy porting this important piece of legisla- others, are all involved in materials re- (DOE). An interagency program is a tion. search. The importance of materials good way to bring various talents to Mr. President, I ask unanimous con- technology is often underappreciated, bear on complex problems. DOE is a sent that the text of the bill be placed perhaps because it is so ubiquitous. But good choice to lead this program be- in the RECORD. in many cases it is the very wellspring cause its energy efficiency and na- There being no objection, the bill was of technological revolutions. We have tional security missions, including nu- ordered to be printed in the RECORD, as named various epochs of our history clear cleanup, have led it to develop a follows. after new materials—the Stone Age, large array of materials technologies S. 397 the Bronze Age, the Iron Age—because to improve energy efficiency, reduce Be it enacted by the Senate and House of Rep- of how powerfully they can change our pollution, or handle hazardous wastes. resentatives of the United States of America in lives. Even today, materials science In fact, in 1996, DOE was the largest ci- Congress assembled, vilian funder of materials research. SECTION 1. SHORT TITLE. gave us the transistors and fiber optics This Act may be cited as the ‘‘National lines that created the information age, Under DOE’s leadership, the State De- Materials Corridor Partnership Act of 1999’’. the age of Silicon Valley. Materials partment, Environmental Protection SEC. 2. FINDINGS. technology can be a very powerful tool Agency, National Science Foundation, Congress finds that— for improving people’s standard of liv- and National Institutes of Standards (1) the region adjacent to the 2,000-mile ing. and Technology will bring their com- border between the United States and Mex- Of course, the technologies coming plementary capabilities to the program ico is an important region for energy-inten- out of this program are unlikely to cre- as diplomats, environmental scientists, sive manufacturing and materials industries ate a new age, but they will be ex- basic researchers, and standards ex- critical to the economic and social wellbeing of both countries; tremely helpful. For example, there are perts. (2) there are currently more than 800 mul- many family operated brick factories The program will focus on materials tinational firms (including firms known as along the border which use very dirty technology to improve energy effi- ‘‘maquiladoras’’) representing United States fuels, like old tires, to fire their kilns. ciency, minimize or eliminate pollu- investments of more than $1,000,000,000 in the This fuel is, as you might guess, ex- tion and global climate change gases, San Diego, California, and Tijuana, Baja tremely polluting. In fact, brick fac- and use recycled materials as primary California, border region and in the El Paso, tories are the third most significant materials through three types of Texas, and Juarez, Chihuahua, border region; source of air pollution along the bor- projects. First, there will be applied re- (3) materials and materials-related indus- search projects aimed at showing the tries comprise a major portion of the indus- der, after automobiles and road dust. tries operating on both sides of the border, Los Alamos has looked at redesigning feasibility of a materials technology in amounting to more than $6,800,000,000 in an- the kilns, a materials processing tech- order to hasten its adoption by indus- nual commerce on the Mexican side alone; nology, to use much less fuel and have try. These projects will typically be led (4) there are a significant number of major a lower reject rate. This means less by companies, and to ensure the firms institutions in the border States of both pollution and suggests the possibility are really interested in the technology, countries currently conducting academic of maybe even using natural gas to eco- the federal government will pay no and research activities in materials; nomically fire the kilns. The end result more than 50% of the cost of such a (5)(A) the United States Government cur- project. Second, there will be basic re- rently invests approximately $1,000,000,000 could be a major reduction in one pol- annually in materials research, of which, in lution source. search projects to discover new knowl- 1996, the Department of Energy funded the Another well known problem is the edge useful in creating these materials largest proportion of civilian materials re- solvents the microelectronics industry technologies; these will typically be search; and uses to clean its devices during assem- led by an academic or other research (B) there are also major materials pro- bly, which also contribute to smog. Los institutions. Third, there will edu- grams at the National Science Foundation, Alamos has developed a way to sub- cation and training projects to train the National Institute of Standards and stitute supercritical carbon dioxide for border scientists, engineers, and work- Technology, and Department of Defense, these solvents within a closed system. ers in these new technologies. To cover among other entities; (6) the United States and Mexico have in- This substitution of materials could re- this, the bill authorizes $5 million per vested heavily in domestic and binational duce energy consumption, processing year for five years. cooperative programs to address major con- time, and an important source of in- Finally, this program will be a coop- cerns for the natural resources, environ- dustrial pollution. erative program with Mexico. Our bor- ment, and public health of the United The idea for a U.S.-Mexican program der is, by definition, something we States-Mexico border region, expending hun- to promote environmentally sound eco- share. We share its opportunities and dreds of millions of dollars annually in those nomic growth along the border via ma- its problems, so it makes sense to efforts; terials technology was originally sug- share the solutions. Pollution needs no (7)(A) scientific and technical advances in gested in 1993 by Hans Mark, then of passport. Now, perhaps we will still be materials and materials processing provide major opportunities for— the University of Texas, now the Direc- able to pick up Mexico’s offer of $1 mil- (i) significantly improving energy effi- tor of Defense Research and Engineer- lion for this program, but, in any ciency; ing. While Mexico’s economic crisis of event, the bill calls upon the Secretary (ii) reducing emissions of global climate the early 90’s stalled things, in 1998 the of Energy to encourage Mexican orga- change gases; Mexican government revived the idea, nizations to contribute to it. And, to (iii) using recycled natural resources as proposing a ‘‘Materials Corridor Part- foster U.S.-Mexican cooperation when- primary materials for industrial production; nership Initiative’’ to the U.S.-Mexican ever possible, the bill allows U.S. funds and Binational Commission, and offering $1 to be used by organizations located in (iv) minimizing industrial wastes and pol- lution; and million of funding for it if the United Mexico provided Mexican organizations (B) such advances will directly benefit States would do the same. While an in- contribute significant resources to that both sides of the United States-Mexico bor- formal group with many research orga- particular project. Working closely der by encouraging energy efficient, environ- nizations, the ‘‘Materials Corridor with the Mexicans to solve our com- mentally sound economic development that

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 February 10, 1999 CONGRESSIONAL RECORD—SENATE 2167 protects the health and natural resources of States-Mexico border region the use of en- (A) State and local governments and aca- the border region; ergy efficient, environmentally sound tech- demic, nonprofit, and private organizations (8)(A) promoting clean materials industries nologies and other advances resulting from located in the United States; and in the border region that are energy efficient the program. (B) State and local governments and aca- has been identified as a high priority issue (d) MEXICAN RESOURCE CONTRIBUTIONS.— demic, nonprofit, and private organizations by the United States-Mexico Foundation for The Secretary shall— located in Mexico. Science Cooperation; and (1) encourage public, private, nonprofit, (2) CONDITION.—Funds may be made avail- (B) at the 1998 discussions of the United and academic organizations located in Mex- able to a State or local government or orga- States-Mexico Binational Commission, Mex- ico to contribute significant financial and nization located in Mexico only if a govern- ico formally proposed joint funding of a other resources to the program; and ment or organization located in Mexico ‘‘Materials Corridor Partnership Initiative’’, (2) take any such contributions into ac- (which need not be the recipient of the funds) proposing $1,000,000 to implement the Initia- count in conducting the program. contributes a significant amount of financial tive if matched by the United States; (e) TRANSFER OF TECHNOLOGY FROM NA- or other resources to the project to be fund- (9) recognizing the importance of materials TIONAL LABORATORIES.—In conducting the ed. and materials processing, academic and re- program, the Secretary shall emphasize the (d) TRANSFER OF FUNDS.—The Secretary search institutions in the border States of transfer and use of materials technology de- may transfer funds to the departments and both the United States and Mexico, in con- veloped by the national laboratories of the agencies referred to in section 5(b) to carry junction with private sector partners of both Department of Energy before the date of en- out the responsibilities of the departments countries, and with strong endorsement from actment of this Act. and agencies under this Act. SEC. 8. PROGRAM ADVISORY COMMITTEE. the Government of Mexico, in 1998 organized SEC. 6. ACTIVITIES AND MAJOR PROGRAM ELE- the Materials Corridor Council to implement MENTS. (a) ESTABLISHMENT.— (1) IN GENERAL.—The Secretary shall estab- a cooperative program of materials research (a) ACTIVITIES.—Funds made available and development, education and training, under this Act shall be made available for re- lish an advisory committee consisting of rep- and sustainable industrial development as search and development and education and resentatives of the private, academic, and part of the Materials Corridor Partnership training activities that are primarily fo- public sectors. (2) CONSIDERATIONS.—In establishing the Initiative; and cused on materials, and the synthesis, proc- advisory committee, the Secretary shall (10) successful implementation of the Ma- essing, and fabrication of materials, that take into consideration organizations in ex- terials Corridor Partnership Initiative would promote— istence on the date of enactment of this Act, advance important United States energy, en- (1) improvement of energy efficiency; such as the Materials Corridor Council and vironmental, and economic goals not only in (2) elimination or minimization of emis- the Business Council for Sustainable Devel- the United States-Mexico border region but sions of global climate change gases and con- opment-Gulf Mexico. also as a model for similar collaborative ma- taminants; (b) CONSULTATION AND COORDINATION.—De- terials initiatives in other regions of the (3) minimization of industrial wastes and partments and agencies of the United States world. pollutants; and to which funds are made available under this SEC. 3. PURPOSE. (4) use of recycled resources as primary Act shall consult and coordinate with the ad- The purpose of this Act is to establish a materials for industrial production. visory committee in identifying and imple- multiagency program in support of the Mate- (b) MAJOR PROGRAM ELEMENTS.— menting the appropriate types of projects to rials Corridor Partnership Initiative referred (1) IN GENERAL.—The program shall have be funded under this Act. to in section 2(8) to promote energy efficient, the following major elements: SEC. 9. FINANCIAL AND TECHNICAL ASSISTANCE. environmentally sound economic develop- (A) Applied research, focused on maturing (a) IN GENERAL.—Federal departments and ment along the United States-Mexico border and refining materials technologies to dem- agencies participating in the program may through the research, development, and use onstrate the feasibility or utility of the ma- provide financial and technical assistance to of new materials technology. terials technologies. other organizations to achieve the purpose of SEC. 4. DEFINITIONS. (B) Basic research, focused on the dis- the program. In this Act: covery of new knowledge that may eventu- (b) APPLIED RESEARCH.— (1) PROGRAM.—The term ‘‘program’’ means ally prove useful in creating materials tech- (1) USE OF COOPERATIVE AGREEMENTS.— the program established under section 5(a). nologies to promote energy efficient, envi- (A) IN GENERAL.—Federal departments and (2) SECRETARY.—The term ‘‘Secretary’’ ronmentally sound manufacturing. agencies shall, to the extent practicable, use means the Secretary of Energy. (C) Education and training, focused on edu- cooperative agreements to fund applied re- SEC. 5. ESTABLISHMENT AND IMPLEMENTATION cating and training scientists, engineers, and search activities by organizations outside OF THE PROGRAM. workers in the border region in energy effi- the Federal Government. (a) ESTABLISHMENT.— cient, environmentally sound materials (B) NATIONAL LABORATORIES.—In the case (1) IN GENERAL.—The Secretary shall estab- technologies. of an applied research activity conducted by lish a comprehensive program to promote (2) APPLIED RESEARCH.—Applied research a national laboratory, a funding method energy efficient, environmentally sound eco- projects under paragraph (1)(A) should typi- other than a cooperative agreement may be nomic development along the United States- cally involve significant participation from used if such a funding method would be more Mexico border through the research, develop- private sector organizations that would use administratively convenient. ment, and use of new materials technology. or sell such a technology. (2) FEDERAL SHARE.— (2) CONSIDERATIONS.—In developing the (3) BASIC RESEARCH.—Basic research (A) IN GENERAL.—The Federal Government program, the Secretary shall give due con- projects conducted under paragraph (1)(B) shall pay not more than 50 percent of the sideration to the proposal made to the should typically be led by an academic or cost of applied research activities under the United States-Mexico Binational Commis- other research institution. program. sion for the Materials Corridor Partnership SEC. 7. PARTICIPATION OF DEPARTMENTS AND (B) QUALIFIED FUNDING AND RESOURCES.—No Initiative. AGENCIES OTHER THAN THE DE- funds or other resources expended either be- (b) PARTICIPATION OF OTHER FEDERAL PARTMENT OF ENERGY. fore the start of a project under the program AGENCIES.—The Secretary shall organize and (a) AGREEMENT.—Not later than 120 days or outside the scope of work covered by the conduct the program jointly with— after the date of enactment of this Act, the funding method determined under paragraph (1) the Department of State; Secretary shall enter into an agreement with (1) shall be credited toward the non-Federal (2) the Environmental Protection Agency; the departments and agencies referred to in share of the cost of the project. (3) the National Science Foundation; section 5(b) on the coordination and imple- (c) BASIC RESEARCH AND EDUCATION AND (4) the National Institute of Standards and mentation of the program. TRAINING.— Technology; and (b) ACTIONS OF DEPARTMENTS AND AGEN- (1) IN GENERAL.—Federal departments and (5) any other departments or agencies the CIES.—Any action of a department or agency agencies shall, to the extent practicable, use participation of which the Secretary con- under an agreement under subsection (a) grants to fund basic research and education siders appropriate. shall be the responsibility of that depart- and training activities by organizations out- (c) PARTICIPATION OF THE PRIVATE SEC- ment or agency and shall not be subject to side the Federal Government. TOR.—When appropriate, funds made avail- approval by the Secretary. (2) NATIONAL LABORATORIES.—In the case of able under this Act shall be made available (c) USE OF FUNDS.— a basic research or education activity con- for research and development or education (1) IN GENERAL.—The Secretary and the de- ducted by a national laboratory, a funding and training activities that are conducted partments and agencies referred to in section method other than a grant may be used if with the participation and support of private 5(b) may use funds made available for the such a funding method would be more admin- sector organizations located in the United program for research and development or istratively convenient. States and, subject to section 7(c)(2), Mexico, education and training activities carried out (3) FEDERAL SHARE.—The Federal Govern- to promote and accelerate in the United by— ment may fund 100 percent of the cost of the

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 2168 CONGRESSIONAL RECORD—SENATE February 10, 1999 basic research and education and training I ask unanimous consent that the bill made available to the National Museum of activities of the program. be printed in the RECORD. the American Indian for the purposes of— (d) COMPETITIVE SELECTION.—All projects There being no objection, the bill was ‘‘(i) commemorating the tenth anniversary funded under the program shall be competi- ordered to be printed in the RECORD, as of the establishment of the Museum; and tively selected using such selection criteria follows: ‘‘(ii) supplementing the endowment and as the Secretary, in consultation with the educational outreach funds of the Mu- departments and agencies referred to in sec- S. 398 seum.’’.∑ tion 5(b), determines to be appropriate. Be it enacted by the Senate and House of (e) ACCOUNTING STANDARDS.— Representatives of the United States of America By Mr. CAMPBELL (for himself in Congress assembled, (1) WAIVER.—To facilitate participation in and Mr. INOUYE): the program, Federal departments and agen- SECTION 1. SHORT TITLE. S. 399. A bill to amend the Indian cies may waive any requirements for Govern- This Act may be cited as the ‘‘Buffalo Coin Act of 1999’’. Gaming Regulatory Act, and for other ment accounting standards by organizations purposes; to the Committee on Indian that have not established such standards. SEC. 2. BUFFALO HALF-DOLLAR. (2) GAAP.—Generally accepted accounting Section 5112 of title 31, United States Code, Affairs. principles shall be sufficient for projects is amended by adding at the end the fol- INDIAN GAMING REGULATORY IMPROVEMENT ACT under the program. lowing: OF 1999 (f) NO CONSTRUCTION.—No program funds ‘‘(n) BUFFALO HALF-DOLLAR.— ∑ Mr. CAMPBELL. Mr. President, may be used for construction. ‘‘(1) DENOMINATIONS.—Notwithstanding any today I introduce the Indian Gaming other provision of law, during the 3-year pe- SEC. 10. AUTHORIZATION OF APPROPRIATIONS. riod beginning on January 1, 2001, the Sec- Regulatory Improvement Act of 1999, There is authorized to be appropriated to retary shall mint and issue each year not co-sponsored by Senator INOUYE, to ad- carry out this Act $5,000,000 for each of fiscal more than 500,000 half-dollar coins, minted in dress two critical elements related to ∑ years 2000 through 2004. accordance with this title. the federal component of Indian gam- ‘‘(2) DESIGN REQUIREMENTS.—The design of ing regulation. By Mr. CAMPBELL: the half-dollar coins minted under this sub- With any legislation affecting Indian S. 398. A bill to require the Secretary section shall be based on the original 5-cent gaming, it is important to keep in of the Treasury to mint coins in com- buffalo nickel designed by James Earle Fra- mind the aims of the 1988 Indian Gam- memoration of Native American his- ser and minted from 1913 to 1938. Each coin ing Regulatory Act (IGRA): ensuring tory and culture; to the Committee on shall have on the obverse side a profile rep- that gaming continues to be a tool for Banking, Housing, and Urban Affairs. resentation of a Native American, and on the reverse side a representation of a buffalo. Indian economic development, and en- THE BUFFALO COIN ACT OF 1999 ‘‘(3) SELECTION.—The design for the coins suring that the games conducted are ∑ Mr. CAMPBELL. Mr. President, minted under this subsection shall be— kept free from corrupting forces to today I introduce the Buffalo Nickel ‘‘(A) selected by the Secretary, after con- maintain the integrity of the industry. Coin Act, a bill based on legislation I sultation with the Committee on Banking, First, this bill provides necessary re- Housing, and Urban Affairs of the Senate, introduced in the 105th Congress, S. forms in the area of gaming regulation 1112 and Senate Amendment 3013. This the Committee on Indian Affairs of the Sen- ate, and the Commission of Fine Arts; and by requiring that the National Indian bill authorizes the minting of a lim- ‘‘(B) reviewed by the Citizens Commemora- Gaming Commission and the gaming ited-edition commemorative coin, tive Coin Advisory Committee. tribes themselves, develop and imple- based on the design of the original Buf- ‘‘(4) QUALITY OF COINS.—Coins minted ment a system of minimum internal falo Nickel, which was in circulation under this subsection shall be issued in un- control, background investigation and from 1913 to 1938. It also directs the circulated and proof qualities. licensing standards for all tribes that ‘‘(5) SOURCES OF BULLION.—The Secretary dedication of profits from the sale of operate class II and class III gaming. the coin to the construction of the shall obtain silver for minting coins under this subsection from sources that the Sec- My intention in proposing these Smithsonian’s Museum of the Native retary deems appropriate, including from standards is to guarantee that gaming American. This bill is in compliance stockpiles established under the Strategic is conducted in a safe and fair manner with U.S.C. Title 31, the Commemora- and Critical Materials Stockpiling Act. at every tribal gaming facility in the tive Coin Act. ‘‘(6) MINT FACILITY.—Only 1 facility of the United States not only to preserve In February 1998, I presented the de- United States Mint may be used to strike gaming integrity but to provide cer- sign of the coin to the Mint and pro- any particular quality of the coins minted tainty and security to the consumers vided testimony regarding the history under this subsection. ‘‘(7) SALE OF COINS.— of Indian gaming. of the nickel and its design. Former ‘‘(A) IN GENERAL.—The coins issued under Second, this legislation provides that Ambassador to Austria and Colorado this subsection shall be sold by the Sec- the fees assessed are used only for the buffalo rancher, Swanee Hunt, joined retary at a price equal to the sum of— regulatory activities of the National me at this presentation to share her ‘‘(i) the face value of the coins; Indian Gaming Commission (NIGC) by support. ‘‘(ii) the surcharge provided in subpara- requiring that all fees be paid into a Since then I have been working close- graph (D) with respect to such coins; and trust fund, which may only be accessed ly with officials at the Treasury and ‘‘(iii) the cost of designing and issuing the coins (including labor, materials, dies, use of by the NIGC for purposes approved by the Citizens Commemorative Coin Ad- machinery, overhead expenses, marketing, Congress. visory Committee. The recommenda- and shipping). The existing federal Indian gaming tion of the Committee is necessary in ‘‘(B) BULK SALES.—The Secretary shall law was passed by Congress more than order to bring the coin into circula- make bulk sales of the coins issued under ten years ago. At that time, gaming tion. In their 1998 annual report, the this subsection at a reasonable discount. was a small industry, consisting main- Committee approved the minting of a ‘‘(C) PREPAID ORDERS.—The Secretary shall ly of high stakes bingo operations, half-dollar coin, based on the design of accept prepaid orders for the coins minted termed ‘‘class II’’ gaming under the the Buffalo Nickel, which will go into under this subsection before the issuance of such coins. Sale prices with respect to pre- statute. circulation in 2001. The Committee’s paid orders shall be at a reasonable discount. In 1988, virtually no one con- recommendation to put the coin into ‘‘(D) SURCHARGES.—All sales of coins mint- templated that gaming would become circulation in 2001 will coincide well ed under this subsection shall include a sur- the billion dollar industry that exists with the Museum’s scheduled opening charge of $3.00 per coin. today, providing tribes with much date of 2002. ‘‘(8) DISTRIBUTION OF SURCHARGES.— needed capital for development and This legislation reflects the goals of ‘‘(A) IN GENERAL.—All surcharges received employment opportunities where none all interested parties, and still main- by the Secretary from the sale of coins previously existed. tains the original goal of raising funds issued under this subsection shall be paid Because of gaming, some tribes have promptly by the Secretary to the Numis- for the preservation of Native Amer- matic Public Enterprise Fund established been wildly successful, fortunate be- ican artifacts in the Museum of the under section 5134. cause of their geographical location. American Indian. I urge my colleagues ‘‘(B) PROCEEDS.—Proceeds from the sale of These tribes employ thousands of peo- to support passage of this bill. coins minted under this subsection shall be ple, both Indian and non-Indian, and

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 February 10, 1999 CONGRESSIONAL RECORD—SENATE 2169 have greatly reduced the welfare rolls goal, and it is my mission, to assist the ‘‘(5) Indian tribes have the exclusive right in their local area. tribes in the development of their to regulate gaming activity on Indian lands, Though gaming revenues have ex- economies through clean and efficient if the gaming activity— ploded in the last ten years, the IGRA gaming operations. ‘‘(A) is not specifically prohibited by Fed- has been significantly amended only eral law; and I urge my colleagues to support these ‘‘(B) is conducted within a State that does one time. In 1997, I introduced an reasonable and necessary amendments. not, as a matter of criminal law and public amendment that would allow the NIGC Mr. President, I ask unanimous con- policy, prohibit that gaming activity; to assess fees against casino-style gam- sent that the text of the bill be printed ‘‘(6) Congress has the authority to regulate ing operations, termed ‘‘class III’’ gam- in the RECORD. the privilege of doing business with Indian ing under the statute, and to fund its There being no objection, the bill was tribes in Indian country (as defined in sec- regulatory efforts in Indian Country. ordered to be printed in the RECORD, as tion 1151 of title 18, United States Code); Mr. President, these additional fees follows: ‘‘(7) systems for the regulation of gaming activities on Indian lands should meet or ex- are necessary to ensure meaningful fed- S. 399 eral involvement in the regulation of ceed federally established minimum regu- Be it enacted by the Senate and House of latory requirements; class III gaming. As of January 1, 1998, Representatives of the United States of America ‘‘(8) the operation of gaming activities on approximately 77% of NIGC-approved in Congress assembled, Indian lands has had a significant impact on management contracts were for class SECTION 1. SHORT TITLE. commerce with foreign nations, and among III operations. In 1997, the NIGC proc- This Act may be cited as the ‘‘Indian Gam- the several States, and with the Indian essed some 18,000 fingerprint cards and ing Regulatory Improvement Act of 1999’’. tribes; and 21,000 investigative reports. The Com- SEC. 2. AMENDMENTS TO THE INDIAN GAMING ‘‘(9) the Constitution of the United States mission also approved some 241 tribal REGULATORY ACT. vests Congress with the powers to regulate gaming ordinances and, importantly, The Indian Gaming Regulatory Act (25 commerce with foreign nations, and among took 53 formal enforcement actions. U.S.C. 2701 et seq.) is amended— the several States, and with the Indian (1) by striking the first section and insert- tribes, and this Act is enacted in the exercise The vast majority of these enforcement ing the following: of those powers. actions were issued against class III op- ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘SEC. 3. PURPOSES. erations. Most striking, before the 1997 ‘‘(a) SHORT TITLE.—This Act may be cited amendment was enacted, the NIGC em- as the ‘Indian Gaming Regulatory Act’. ‘‘The purposes of this Act are as follows: ployed only 7 investigators who were ‘‘(b) TABLE OF CONTENTS.—The table of ‘‘(1) To ensure the right of Indian tribes to responsible for monitoring the entire contents for this Act is as follows: conduct gaming activities on Indian lands in Indian gaming industry. ‘‘Sec. 1. Short title; table of contents. a manner consistent with— The 1997 amendment has enabled the ‘‘Sec. 2. Congressional findings. ‘‘(A) the inherent sovereign rights of In- NIGC to take steps to increase its regu- ‘‘Sec. 3. Purposes. dian tribes; and lation and enforcement efforts. Addi- ‘‘Sec. 4. Definitions. ‘‘(B) the decision of the Supreme Court in ‘‘Sec. 5. National Indian Gaming Commis- California et al. v. Cabazon Band of Mission tionally, the Commission has been able Indians et al. (480 U.S.C. 202, 107 S. Ct. 1083, to hire much-needed field investigators sion. ‘‘Sec. 6. Powers of Chairman. 94 L. Ed. 2d 244 (1987)), involving the Cabazon who are personally responsible for ‘‘Sec. 7. Powers of Commission. and Morongo bands of Mission Indians. monitoring local tribal gaming oper- ‘‘Sec. 8. Commission staffing. ‘‘(2) To provide a statutory basis for the ations. The Commission should be ap- ‘‘Sec. 9. Commission—access to information. conduct of gaming activities on Indian lands plauded for these activities. ‘‘Sec. 10. Minimum standards. as a means of promoting tribal economic de- What these facts and figures do not ‘‘Sec. 11. Rulemaking. velopment, tribal self-sufficiency, and strong reveal, however, is the significant ‘‘Sec. 12. Tribal gaming ordinances. Indian tribal governments. amount of tribal and joint tribal-state ‘‘Sec. 13. Management contracts. ‘‘(3) To provide a statutory basis for the regulation of gaming activities on Indian regulatory activities undertaken at the ‘‘Sec. 14. Civil penalties. ‘‘Sec. 15. Judicial review. lands by an Indian tribe that is adequate to local level. It should be noted that ‘‘Sec. 16. Subpoena and deposition author- shield those activities from organized crime many Indian tribes, often working with ity. and other corrupting influences, to ensure the states where gaming is located, ‘‘Sec. 17. Investigative powers. that an Indian tribal government is the pri- have developed sophisticated regu- ‘‘Sec. 18. Commission funding. mary beneficiary of the operation of gaming latory frameworks for their gaming op- ‘‘Sec. 19. Authorization of appropriations. activities, and to ensure that gaming is con- erations. ‘‘Sec. 20. Gaming on lands acquired after Oc- ducted fairly and honestly by both the oper- Many of those tribes have put in tober 17, 1988. ator and players.’’; place standards regarding rules of play ‘‘Sec. 21. Dissemination of information. (3) in section 4— for their games, as well as financial ‘‘Sec. 22. Severability. (A) by striking paragraphs (1) through (6) ‘‘Sec. 23. Criminal penalties. and inserting the following: and accounting standards for their op- ‘‘Sec. 24. Conforming amendment.’’; ‘‘(1) APPLICANT.—The term ‘applicant’ erations. They are significant and for (2) by striking sections 2 and 3 and insert- means any person who applies for a license many tribes contribute the bulk of reg- ing the following: pursuant to this Act, including any person ulatory activities under the IGRA. ‘‘SEC. 2. CONGRESSIONAL FINDINGS. who applies for a renewal of a license. The amendment I propose today ‘‘Congress finds that— ‘‘(2) ATTORNEY GENERAL.—The term ‘Attor- would require the NIGC, prior to as- ‘‘(1) Indian tribes are— ney General’ means the Attorney General of sessing any fee against an Indian gam- ‘‘(A) engaged in the operation of gaming the United States. ing operation, to determine the nature activities on Indian lands as a means of gen- ‘‘(3) CHAIRMAN.—The term ‘Chairman’ and level of any such tribal or joint erating tribal governmental revenue; and means the Chairman of the Commission. ‘‘(4) CLASS I GAMING.—The term ‘class I tribal-state regulatory activities and ‘‘(B) licensing those activities; ‘‘(2) because of the unique political and gaming’ means social games played solely to reduce the fees assessed accordingly. legal relationship between the United States for prizes of minimal value or traditional The goals of this provision are two- and Indian tribes, Congress has the responsi- forms of Indian gaming engaged in by indi- fold: to provide the NIGC with the re- bility of protecting tribal resources and en- viduals as a part of, or in connection with, sources it needs to carry out its obliga- suring the continued viability of Indian gam- tribal ceremonies or celebrations.’’; tions under the IGRA, but to recognize ing activities conducted on Indian lands; (B) by redesignating paragraphs (7) and (8) the often significant regulatory activi- ‘‘(3) clear Federal standards and regula- as paragraphs (5) and (6), respectively; ties at the local level. tions for the conduct of gaming on Indian (C) in paragraph (5), as redesignated by It is important for us to keep these lands will assist tribal governments in assur- subparagraph (B) of this paragraph, by strik- facts, and the goals of the gaming stat- ing the integrity of gaming activities con- ing ‘‘(5)(A) The term’’ and inserting ‘‘(5) ducted on Indian lands; CLASS II GAMING.—(A) The term’’; ute, in mind. Where gaming exists, it ‘‘(4) a principal goal of Federal Indian pol- (D) in paragraph (6), as redesignated by provides a great opportunity for tribes icy is to promote tribal economic develop- subparagraph (B) of this paragraph, by strik- to develop other business and develop- ment, tribal self-sufficiency, and strong In- ing ‘‘(6) The term’’ and inserting ‘‘(6) CLASS ment projects. However, it must be our dian tribal governments; III GAMING.—The term’’; and

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 2170 CONGRESSIONAL RECORD—SENATE February 10, 1999 (E) by adding after paragraph (6), as redes- (8) by redesignating section 11 as section (II) in subparagraph (B), by striking the pe- ignated by subparagraph (B) of this para- 12; riod at the end and inserting ‘‘; and’’; and graph, the following: (9) by striking section 10 and inserting the (III) by striking the flush language fol- ‘‘(7) COMMISSION.—The term ‘Commission’ following: lowing subparagraph (B) and inserting the means the National Indian Gaming Commis- ‘‘SEC. 10. MINIMUM STANDARDS. following: sion established under section 5. ‘‘(a) CLASS II GAMING.—As of the date of ‘‘(C) such Indian gaming meets or exceeds ‘‘(8) COMPACT.—The term ‘compact’ means enactment of the Indian Gaming Regulatory the requirements of this section and the an agreement relating to the operation of Improvement Act of 1999, an Indian tribe standards established by the Commission class III gaming on Indian lands that is en- shall retain the rights of that Indian tribe, under section 11.’’; tered into by an Indian tribe and a State and with respect to class II gaming and in a man- (ii) in paragraph (2)— that is approved by the Secretary. ner that meets or exceeds the minimum Fed- (I) in subparagraph (D), by striking ‘‘(9) GAMING OPERATION.—The term ‘gaming eral standards established under section 11, ‘‘$25,000’’ and inserting ‘‘$100,000’’; operation’ means an entity that conducts to— (II) in subparagraph (E), by striking ‘‘and’’ class II or class III gaming on Indian lands. ‘‘(1) monitor and regulate that gaming; at the end; and ‘‘(10) INDIAN LANDS.—The term ‘Indian ‘‘(2) conduct background investigations; (III) in subparagraph (F)— lands’ means— and (aa) by striking subclause (I) of clause (ii) ‘‘(A) all lands within the limits of any In- ‘‘(3) establish and regulate internal control and inserting the following: dian reservation; and systems. ‘‘(I) a tribal license for primary manage- ‘‘(B) any lands the title to which is held in ‘‘(b) CLASS III GAMING UNDER A COMPACT.— ment officials and key employees of the trust by the United States for the benefit of With respect to class III gaming conducted gaming enterprise, issued in accordance with any Indian tribe or individual or held by any under a compact entered into under this Act, the standards established by the Commission Indian tribe or individual subject to restric- an Indian tribe or State (or both), as pro- under section 11 with prompt notification to tion by the United States against alienation vided in such a compact or a related tribal the Commission of the issuance of such li- and over which an Indian tribe exercises gov- ordinance or resolution shall, in a manner censes;’’; and ernmental power. that meets or exceeds the minimum Federal (bb) in subclause (III) of clause (ii), by ‘‘(11) INDIAN TRIBE.—The term ‘Indian standards established by the Commission striking the period and inserting ‘‘; and’’; tribe’ means any Indian tribe, band, nation, under section 11— and or other organized group or community of ‘‘(1) monitor and regulate that gaming; (ii) by adding at the end the following: Indians that— ‘‘(2) conduct background investigations; ‘‘(G) a separate license will be issued by ‘‘(A) is recognized as eligible by the Sec- and the Indian tribe for each place, facility, or retary for the special programs and services ‘‘(3) establish and regulate internal control location on Indian lands at which class II provided by the United States to Indians be- systems.’’; gaming is conducted;’’; cause of their status as Indians; and (10) by inserting after section 10 the fol- (C) in subsection (c), by striking paragraph ‘‘(B) is recognized as possessing powers of lowing: (3) and inserting the following: self-government. ‘‘SEC. 11. RULEMAKING. ‘‘(3) Any Indian tribe that operates, di- ‘‘(12) MANAGEMENT CONTRACT.—The term ‘‘(a) IN GENERAL.—Subject to subsection rectly or with a management contract, a ‘management contract’ means any contract (b), not later than 180 days after the date of class III gaming activity may petition the or collateral agreement between an Indian enactment of the Indian Gaming Regulatory Commission for a fee reduction if the Com- tribe and a contractor, if that contract or Improvement Act of 1999, the Commission mission determines that the Indian tribe agreement provides for the management of shall, in accordance with the rulemaking has— all or part of a gaming operation. procedures under chapter 5 of title 5, United ‘‘(A) continuously conducted that gaming ‘‘(13) MANAGEMENT CONTRACTOR.—The term States Code, promulgate minimum Federal activity for a period of not less than 3 years, ‘management contractor’ means any person standards relating to background investiga- including a period of not less than 1 year entering into a management contract with tions, internal control systems, and licens- that begins after the date of enactment of an Indian tribe or an agent of the Indian ing standards described in section 10. In pro- the Indian Gaming Regulatory Improvement tribe for the management of a gaming oper- mulgating the regulations under this sec- Act of 1999; ation, including any person with a financial tion, the Commission shall consult with the ‘‘(B) implemented standards that meet or interest in that contract. Attorney General, Indian tribes, and appro- exceed minimum Federal standards estab- ‘‘(14) NET REVENUES.—With respect to a priate States. lished under section 11; gaming activity, net revenues shall con- ‘‘(b) FACTORS FOR CONSIDERATION.—In pro- ‘‘(C) otherwise complied with the provi- stitute— mulgating the minimum standards under sions of this Act; and ‘‘(A) the annual amount of money wagered; this section, the Commission may give ap- ‘‘(D) paid all fees and assessments that the reduced by propriate consideration to existing industry Indian tribe is required to pay to the Com- ‘‘(B)(i) any amounts paid out during the standards at the time of the development of mission under this Act.’’; and year involved for prizes awarded; the standards and, in addition to considering (D) in subsection (d)— ‘‘(ii) the total operating expenses for the those existing standards, the Commission (i) in paragraph (2)(B)(ii), by striking ‘‘sec- year involved (excluding any management shall consider— tion 12(e)(1)(D)’’ and inserting ‘‘section fees) associated with the gaming activity; ‘‘(1) the unique nature of tribal gaming as 13(e)(1)(D)’’; and and compared to commercial gaming, other gov- (ii) in paragraph (9), by striking ‘‘section ‘‘(iii) an allowance for amortization of cap- ernmental gaming, and charitable gaming; 12’’ and inserting ‘‘section 13’’; ital expenses for structures. ‘‘(2) the broad variations in the nature, (12) in section 13, as redesignated by para- ‘‘(15) PERSON.—The term ‘person’ means— scale, and size of tribal gaming activity; graph (7) of this section, by striking ‘‘section ‘‘(A) an individual; or ‘‘(3) the inherent sovereign rights of Indian 11(b)(1)’’ and inserting ‘‘section 12(b)(1)’’; ‘‘(B) a firm, corporation, association, orga- tribes with respect to regulating the affairs (13) in section 14— nization, partnership, trust, consortium, of Indian tribes; (A) in subsection (a)— joint venture, or other nongovernmental en- ‘‘(4) the findings and purposes under sec- (i) in paragraph (1), by striking ‘‘section 11 tity. tions 2 and 3; or 12’’ and inserting ‘‘section 12 or 13’’; ‘‘(16) SECRETARY.—The term ‘Secretary’ ‘‘(5) the effectiveness and efficiency of a (ii) in paragraph (3), by striking ‘‘section 11 means the Secretary of the Interior.’’; national licensing program for vendors or or 12’’ and inserting ‘‘section 12 or 13’’; and (4) in section 5(b)(3), by striking ‘‘At least management contractors; and (B) in subsection (b)(1), by striking ‘‘sec- two members of the Commission shall be en- ‘‘(6) any other matter that is consistent tion 11 or 12’’ and inserting ‘‘section 12 or rolled members of any Indian tribe.’’ and in- with the purposes under section 3.’’; 13’’; serting ‘‘No fewer than 2 members of the (11) in section 12, as redesignated by para- (14) in section 15, by striking ‘‘sections 11, Commission shall be individuals who— graph (8) of this section— 12, 13, and 14’’ and inserting ‘‘sections 12, 13, ‘‘(A) are each enrolled as a member of an (A) by striking subsection (a) and inserting and 14’’; and Indian tribe; and the following: (15) in section 18— ‘‘(B) have extensive experience or expertise ‘‘(a) CLASS I GAMING.—Class I gaming on (A) in subsection (a)— in Indian affairs or policy.’’; Indian lands shall be within the exclusive ju- (i) by striking ‘‘(a)(1) The’’ and all that fol- (5) in section 6(a)(4), by striking ‘‘provided risdiction of the Indian tribes and shall not lows through the end of paragraph (3) and in- in sections 11(d)(9) and 12’’ and inserting be subject to the provisions of this Act.’’; serting the following: ‘‘provided in sections 12(d)(9) and 13’’; (B) in subsection (b)— ‘‘(a) IN GENERAL.— (6) by striking section 13; (i) in paragraph (1)— ‘‘(1) ESTABLISHMENT OF SCHEDULE OF (7) by redesignating section 12 as section (I) in subparagraph (A), by striking ‘‘and’’ FEES.—Except as provided in paragraph 13; at the end; (2)(C), the Commission shall establish a

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 February 10, 1999 CONGRESSIONAL RECORD—SENATE 2171 schedule of fees to be paid to the Commission Trust Fund under clause (i) shall be trans- Act of 1996, to improve the delivery of annually by each gaming operation that con- ferred not less frequently than quarterly housing assistance to Indian tribes in a ducts a class II or class III gaming activity from the general fund of the Treasury to the manner that recognizes the right of that is regulated by this Act. Trust Fund on the basis of estimates made tribal self-governance, and for other ‘‘(2) RATE OF FEES.— by the Secretary of the Treasury. Proper ad- ‘‘(A) IN GENERAL.—The rate of fees under justment shall be made in amounts subse- purposes; to the Committee on Indian the schedule established under paragraph (1) quently transferred to the extent prior esti- Affairs. imposed on the gross revenues from each ac- mates were in excess of or less than the NATIVE AMERICAN HOUSING ASSISTANCE AND tivity regulated under this Act shall be as amounts required to be transferred. SELF-DETERMINATION ACT AMENDMENTS OF 1999 follows: ‘‘(C) INVESTMENTS.— ∑ Mr. CAMPBELL. Mr. President, in ‘‘(i) No more than 2.5 percent of the first ‘‘(i) IN GENERAL.—It shall be the duty of $1,500,000 of those gross revenues. the Secretary of the Treasury to invest such 1996 Congress enacted historic legisla- ‘‘(ii) No more than 5 percent of amounts in portion of the Trust Fund as is not, in the tion involving the financing, construc- excess of the first $1,500,000 of those gross judgment of the Secretary of the Treasury, tion, and maintenance of housing for revenues. required to meet current withdrawals. The American Indians and Alaska Natives. ‘‘(B) TOTAL AMOUNT.—The total amount of Secretary of the Treasury shall invest the With this initiative, called the Native all fees imposed during any fiscal year under amounts deposited under subparagraph (A) American Housing Assistance and Self- the schedule established under paragraph (1) only in interest-bearing obligations of the Determination Act (NAHASDA), deci- shall not exceed $8,000,000. United States or in obligations guaranteed sions regarding Indian housing are no ‘‘(C) MISSISSIPPI BAND OF CHOCTAW.—Noth- as to both principal and interest by the ing in this section shall be interpreted to United States. longer solely a matter for the Depart- permit the assessment of fees against the ‘‘(ii) SALE OF OBLIGATIONS.—Any obligation ment of Housing and Urban Develop- Mississippi Band of Choctaw for any portion acquired by the Trust Fund, except special ment (HUD). of the 3-year period beginning on the date obligations issued exclusively to the Trust Consistent with principles of local that is 2 years before the date of enactment Fund, may be sold by the Secretary of the autonomy and Indian self-determina- of the Indian Gaming Regulatory Improve- Treasury at the market price, and such spe- tion, NAHASDA enables tribes—for the ment Act of 1999. cial obligations may be redeemed at par plus first time—to develop and implement ‘‘(3) COMMISSION AUTHORIZATION.—By a vote accrued interest. housing plans that meet their needs, of not less than 2 members of the Commis- ‘‘(iii) CREDITS TO TRUST FUND.—The inter- sion, the Commission shall adopt the rate of est on, and proceeds from, the sale or re- and in a way that is more efficient. The fees authorized by this section. Those fees demption of, any obligations held in the Act requires that funds for Indian shall be payable to the Commission on a Trust Fund shall be credited to and form a housing be provided to Indian tribes in quarterly basis. part of the Trust Fund. housing block grants with monitoring ‘‘(A) IN GENERAL.—The aggregate amount ‘‘(D) EXPENDITURES FROM TRUST FUND.— and oversight provided by HUD. of fees assessed under this section shall be ‘‘(i) IN GENERAL.—Amounts in the Trust I am hopeful that the successes reasonably related to the costs of services Fund shall be available to the Commission, achieved by tribes who participate in provided by the Commission to Indian tribes as provided in appropriations Acts, for car- under this Act (including the cost of issuing rying out the duties of the Commission the Indian Self-Determination and regulations necessary to carry out this Act). under this Act. Education Act and the Tribal Self-Gov- In assessing and collecting fees under this ‘‘(ii) WITHDRAWAL AND TRANSFER OF ernance Act can now be duplicated in section, the Commission shall take into ac- FUNDS.—Upon request of the Commission, the housing arena with the implemen- count the duties of, and services provided by, the Secretary of the Treasury shall withdraw tation of NAHASDA. With housing as the Commission under this Act. amounts from the Trust Fund and transfer the anchor for community develop- ‘‘(B) FACTORS FOR CONSIDERATION.—In mak- such amounts to the Commission for use in ment, we can turn our attention to ing a determination of the amount of fees to accordance with clause (i). other initiatives such as banking, busi- be assessed for any class II or class III gam- ‘‘(E) LIMITATION ON TRANSFERS AND WITH- ness development, and infrastructure ing activity, the Commission shall provide DRAWALS.—Except as provided in subpara- for a reduction in the amount of fees that graph (D)(ii), the Secretary of the Treasury construction. otherwise would be collected on the basis of may not transfer or withdraw any amount NAHASDA became effective October the following factors: deposited under subparagraph (A).’’; and 1, 1997. In implementing the Act both ‘‘(i) The extent of regulation of the gaming (B) in subsection (d), by striking ‘‘section HUD and the tribes have told us that activity by a State or Indian tribe (or both). 11(d)(3)’’ and inserting ‘‘section 12(d)(3)’’. there are provisions in the statute in ‘‘(ii) The issuance of a certificate of self- SEC. 3. CONFORMING AMENDMENTS. need of clarification. I would like to regulation (if any) for that gaming activity. (a) TITLE 10.—Section 2323a(e)(1) of title 10, cite two examples. ‘‘(C) CONSULTATION.—In establishing a United States Code, is amended by striking schedule of fees under this subsection, the ‘‘section 4(4) of the Indian Gaming Regu- Prior to the passage of NAHASDA, Commission shall consult with Indian latory Act (102 Stat. 2468; 25 U.S.C. 2703(4))’’ Indian tribes receiving HOME block tribes.’’; and inserting ‘‘section 4(10) of the Indian grant funds could use those funds to le- (ii) by redesignating paragraphs (4) Gaming Regulatory Act’’. verage low income housing tax credits. through (6) as paragraphs (5) through (7), re- (b) INTERNAL REVENUE CODE OF 1986.—Sec- Unlike HOME funds, block grants to spectively; and tion 168(j)(4)(A)(iv) of the Internal Revenue tribes under the new NAHASDA are Code of 1986 is amended by striking ‘‘Indian (iii) by inserting after paragraph (3) the considered ‘‘federal funds’’ and cannot following: Regulatory Act’’ and inserting ‘‘Indian Gam- be used to access these tax credits. ‘‘(4) TRUST FUND.— ing Regulatory Act’’. ‘‘(A) ESTABLISHMENT.—There is established (c) TITLE 28.—Title 28, United States Code, Therefore, tribes cannot use des- in the Treasury of the United States a fund is amended— ignated new block grant funds to ac- to be known as the Indian Gaming Trust (1) in section 3701(2)— cess a program which they formerly Fund (referred to in this paragraph as the (A) by striking ‘‘section 4(5) of the Indian could is an unintended consequence af- ‘Trust Fund’), consisting of— Gaming Regulatory Act (25 U.S.C. 2703(5))’’ and inserting ‘‘section 4(11) of the Indian fecting housing development in Indian ‘‘(i) such amounts as are— country. This bill would restore tribal ‘‘(I) transferred to the Trust Fund under Gaming Regulatory Act’’; and subparagraph (B)(i); or (B) by striking ‘‘section 4(4) of such Act (25 eligibility for the low income housing ‘‘(II) appropriated to the Trust Fund; and U.S.C. 2703(4))’’ and inserting ‘‘section 4(10) tax credit by placing NAHASDA funds ‘‘(ii) any interest earned on the investment of such Act’’; and on the same footing as HOME funds, of amounts in the Trust Fund under subpara- (2) in section 3704(b), by striking ‘‘section with no change to current low income graph (C). 4(4) of the Indian Gaming Regulatory Act’’ housing tax credit programs. ‘‘(B) TRANSFER OF AMOUNTS EQUIVALENT TO and inserting ‘‘section 4(10) of the Indian Gaming Regulatory Act’’.∑ In addition, there are conflicting pro- FEES.— visions in the statute with regard to ‘‘(i) IN GENERAL.—The Secretary of the the authority of the HUD Secretary to Treasury shall transfer to the Trust Fund an By Mr. CAMPBELL (for himself amount equal to the aggregate amount of and Mr. INOUYE): enforce the act against non-compliant fees collected under this subsection. S. 400. A bill to provide technical cor- entities. This bill clarifies that author- ‘‘(ii) TRANSFERS BASED ON ESTIMATES.—The rections to the Native American Hous- ity and provides clear guidance for the amounts required to be transferred to the ing Assistance and Self-Determination Secretary in such instances.

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 2172 CONGRESSIONAL RECORD—SENATE February 10, 1999 Tribal leaders, Indian housing ex- Sec. 1. Short title; table of contents. termination Act of 1996 (25 U.S.C. 4139) is perts, and federal officials testified at a Sec. 2. Restriction on waiver authority. amended to read as follows: Sec. 3. Organizational capacity; assistance ‘‘SEC. 209. NONCOMPLIANCE WITH AFFORDABLE hearing of the Senate Committee on to families that are not low-in- Indian Affairs in March 1997 about HOUSING REQUIREMENT. come. ‘‘If a recipient uses grant amounts to pro- funding and other anticipated prob- Sec. 4. Elimination of waiver authority for vide affordable housing under this title, and lems, including achieving the appro- small tribes. at any time during the useful life of the priate level of oversight and moni- Sec. 5. Expanded authority to review Indian housing the recipient does not comply with toring. The focus of the hearing was housing plans. the requirement under section 205(a)(2), the Sec. 6. Oversight. Secretary shall take appropriate action constructive and encouraged all parties Sec. 7. Allocation formula. to work for a better managed and more Sec. 8. Hearing requirement. under section 401(a).’’. efficient Indian housing system. Sec. 9. Performance agreement time limit. (b) AUDITS AND REVIEWS.—Section 405 of The bill I am introducing today, Sec. 10. Block grants and guarantees not the Native American Housing Assistance and Federal subsidies for low-in- Self-Determination Act of 1996 (25 U.S.C. joined by Senator INOUYE, the Native 1465) is amended to read as follows: American Housing Assistance and Self- come housing credit. Sec. 11. Technical and conforming amend- ‘‘SEC. 405. REVIEW AND AUDIT BY SECRETARY. Determination Act Amendments of ments. ‘‘(a) REQUIREMENTS UNDER CHAPTER 75 OF 1999, provides the required clarification SEC 2. RESTRICTION ON WAIVER AUTHORITY. TITLE 31, UNITED STATES CODE.— and changes that will help the tribes Section 101(b)(2) of the Native American ‘‘(1) IN GENERAL.—An entity designated by and HUD in achieving a smoother tran- Housing Assistance and Self-Determination an Indian tribe as a housing entity shall be sition from the old housing regime to Act of 1996 (25 U.S.C. 4111(b)(2)) is amended treated, for purposes of chapter 75 of title 31, the new framework of NAHASDA. by striking ‘‘if the Secretary’’ and all that United States Code, as a non-Federal entity In the last session, I originally intro- follows before the period at the end and in- that is subject to the audit requirements duced a bill identical to this legisla- serting the following: ‘‘for a period of not that apply to non-Federal entities under that chapter. tion, S.1280, and I am hopeful that more than 90 days, if the Secretary deter- mines that an Indian tribe has not complied ‘‘(2) PAYMENT OF COSTS.— these amendments can be enacted this with, or is unable to comply with, those re- ‘‘(A) IN GENERAL.—The Secretary may ar- year. quirements due to extreme circumstances range for, and pay the cost of, any audit re- As Chairman of the Committee on In- beyond the control of the Indian tribe’’. quired under paragraph (1). dian Affairs I am committed to ensur- SEC. 3. ORGANIZATIONAL CAPACITY; ASSISTANCE ‘‘(B) WITHHOLDING OF AMOUNTS.—If the Sec- ing that funds for Indian housing are TO FAMILIES THAT ARE NOT LOW-IN- retary pays for the cost of an audit under used efficiently, properly and within COME. subparagraph (A), the Secretary may with- the bounds provided by law. I also want (a) ORGANIZATIONAL CAPACITY.—Section hold, from the assistance otherwise payable 102(c)(4) of the Native American Housing As- under this Act, an amount sufficient to pay to ensure that, consistent with the fed- sistance and Self-Determination Act (25 for the reasonable costs of conducting an eral obligation to Indian tribes, tribal U.S.C. 4112(c)(4)) is amended— audit that meets the applicable require- members have safe, decent, and afford- (1) by redesignating subparagraphs (A) ments of chapter 75 of title 31, United States able housing. That is the goal of through (K) as subparagraphs (B) through Code, including, if appropriate, the reason- NAHASDA and that is the policy of (L), respectively; and able costs of accounting services necessary this Congress. (2) by inserting before subparagraph (B), as to ensure that the books and records of the I am confident that the implementa- redesignated by paragraph (1) of this sub- entity referred to in paragraph (1) are in tion of NAHASDA has given tribes the section, the following: such condition as is necessary to carry out ‘‘(A) a description of the entity that is re- ability to better design and implement the audit. sponsible for carrying out the activities ‘‘(b) ADDITIONAL REVIEWS AND AUDITS.— their own housing plans and in the under the plan, including a description of— ‘‘(1) IN GENERAL.—In addition to any audit process provide better housing opportu- ‘‘(i) the relevant personnel of the entity; under subsection (a)(1), to the extent the nities to their tribal members. In mak- and Secretary determines such action to be ap- ing the transition from dominating the ‘‘(ii) the organizational capacity of the en- propriate, the Secretary may conduct an housing realm to monitoring the ac- tity, including— audit of a recipient in order to— tivities of the tribes, HUD needs guid- ‘‘(I) the management structure of the enti- ‘‘(A) determine whether the recipient— ance from the Committee as to its ty; and ‘‘(i) has carried out— ‘‘(II) the financial control mechanisms of proper role and responsibilities under ‘‘(I) eligible activities in a timely manner; the entity;’’. and the Act. (b) ASSISTANCE TO FAMILIES THAT ARE NOT ‘‘(II) eligible activities and certification in The Act, and the amendments I am LOW-INCOME.—Section 102(c) of the Native accordance with this Act and other applica- proposing today, will go a long way in American Housing Assistance and Self-De- ble law; making sure that the management termination Act of 1996 (25 U.S.C. 4112) is ‘‘(ii) has a continuing capacity to carry out problems that were associated with the amended by adding at the end the following: eligible activities in a timely manner; and old, HUD-dominated housing system ‘‘(6) CERTAIN FAMILIES.—With respect to as- ‘‘(iii) is in compliance with the Indian will be eliminated, paving the way for sistance provided by a recipient to Indian housing plan of the recipient; and families that are not low-income families more and better housing for American ‘‘(B) verify the accuracy of information under section 201(b)(2), evidence that there is contained in any performance report sub- Indians and Alaska Natives. a need for housing for each such family dur- mitted by the recipient under section 404. I urge my colleagues to join me in ing that period that cannot reasonably be ‘‘(2) ONSITE VISITS.—To the extent prac- enacting these reasonable and nec- met without such assistance.’’. ticable, the reviews and audits conducted essary amendments. SEC. 4. ELIMINATION OF WAIVER AUTHORITY under this subsection shall include onsite Mr. President, I ask unanimous con- FOR SMALL TRIBES. visits by the appropriate official of the De- sent that the text of the bill be printed Section 102 of the Native American Hous- partment of Housing and Human Develop- in the RECORD. ing Assistance and Self-Determination Act ment. There being no objection, the bill was of 1996 (25 U.S.C. 4112) is amended— ‘‘(c) REVIEW OF REPORTS.— (1) by striking subsection (f); and ‘‘(1) IN GENERAL.—The Secretary shall pro- ordered to be printed in the RECORD, as (2) by redesignating subsection (g) as sub- vide each recipient that is the subject of a follow: section (f). report made by the Secretary under this sec- S. 400 SEC. 5. EXPANDED AUTHORITY TO REVIEW IN- tion notice that the recipient may review Be it enacted by the Senate and House of DIAN HOUSING PLANS. and comment on the report during a period Representatives of the United States of America Section 103(a)(1) of the Native American of not less than 30 days after the date on in Congress assembled, Housing Assistance and Self-Determination which notice is issued under this paragraph. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Act of 1996 (25 U.S.C. 4113(a)(1)) is amended— ‘‘(2) PUBLIC AVAILABILITY.—After taking (a) SHORT TITLE.—This Act may be cited as (1) in the first sentence, by striking ‘‘lim- into consideration any comments of the re- the ‘‘Native American Housing Assistance ited’’; and cipient under paragraph (1), the Secretary— and Self-Determination Act Amendments of (2) by striking the second sentence. ‘‘(A) may revise the report; and 1999’’. SEC. 6. OVERSIGHT. ‘‘(B) not later than 30 days after the date (b) TABLE OF CONTENTS.—The table of con- (a) REPAYMENT.—Section 209 of the Native on which those comments are received, shall tents for this Act is as follows: American Housing Assistance and Self-De- make the comments and the report (with

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any revisions made under subparagraph (A)) retary shall make a determination regarding (b) APPLICABILITY.—The amendment made readily available to the public. whether to continue taking the action that by this section shall apply to determinations ‘‘(d) EFFECT OF REVIEWS.—Subject to sec- is the subject of the hearing, or take another made under section 42(i)(2) of the Internal tion 401(a), after reviewing the reports and action under this subsection.’’. Revenue Code after the date of enactment of audits relating to a recipient that are sub- SEC. 9. PERFORMANCE AGREEMENT TIME LIMIT. this Act. mitted to the Secretary under this section, Section 401(b) of the Native American SEC. 11. TECHNICAL AND CONFORMING AMEND- the Secretary may adjust the amount of a Housing Assistance and Self-Determination MENTS. grant made to a recipient under this Act in Act of 1996 (25 U.S.C. 4161(b)) is amended— (a) TABLE OF CONTENTS.—Section 1(b) of accordance with the findings of the Sec- (1) by striking ‘‘If the Secretary’’ and in- the Native American Housing Assistance and retary with respect to those reports and au- serting the following: Self-Determination Act of 1996 (25 U.S.C. 4101 dits.’’. ‘‘(1) IN GENERAL.—If the Secretary’’; note) is amended in the table of contents— SEC. 7. ALLOCATION FORMULA. (2) by striking ‘‘(1) is not’’ and inserting (1) by striking the item relating to section Section 302(d)(1) of the Native American the following: 206; and Housing Assistance and Self-Determination ‘‘(A) is not’’; (2) by striking the item relating to section Act of 1996 (25 U.S.C. 4152(d)(1)) is amended— (3) by striking ‘‘(2) is a result’’ and insert- 209 and inserting the following: (1) by striking ‘‘The formula,’’ and insert- ing the following: ‘‘209. Noncompliance with affordable housing ing the following: ‘‘(B) is a result: requirement.’’. ‘‘(A) IN GENERAL.—Except with respect to (4) in the flush material following para- (b) AUTHORIZATION OF APPROPRIATIONS.— an Indian tribe described in subparagraph graph (1)(B), as redesignated by paragraph (3) Section 108 of the Native American Housing (B), the formula’’; and of this section— Assistance and Self-Determination Act of (2) by adding at the end the following: (A) by adjusting the margin 2 ems to the 1996 (25 U.S.C. 4117) is amended to read as fol- ‘‘(B) CERTAIN INDIAN TRIBES.—With respect right; and lows: to fiscal year 2000 and each fiscal year there- (B) by inserting before the period at the after, with respect to any Indian tribe hav- ‘‘SEC. 108. AUTHORIZATION OF APPROPRIATIONS. ing an Indian housing authority that owns or end the following: ‘‘, if the recipient enters ‘‘There are authorized to be appropriated operates fewer than 250 public housing units, into a performance agreement with the Sec- for each of fiscal years 2000 through 2003— the formula under subparagraph (A) shall retary that specifies the compliance objec- ‘‘(1) to provide assistance under this title provide that the amount provided for a fiscal tives that the recipient will be required to for emergencies and disasters, as determined year in which the total amount made avail- achieve by the termination date of the per- by the Secretary, $10,000,000; and able for assistance under this Act is equal to formance agreement’’; and ‘‘(2) such sums as may be necessary to oth- or greater than the amount made available (5) by adding at the end the following: erwise provide grants under this title.’’. for fiscal year 1996 for assistance for the op- ‘‘(2) PERFORMANCE AGREEMENT.—The period (c) CERTIFICATION OF COMPLIANCE WITH eration and modernization of the public of a performance agreement described in SUBSIDY LAYERING REQUIREMENTS.—Section housing referred to in subparagraph (A), the paragraph (1) shall be for 1 year. 206 of the Native American Housing Assist- amount provided to that Indian tribe as ‘‘(3) REVIEW.—Upon the termination of a ance and Self-Determination Act of 1996 (25 modernization assistance shall be equal to performance agreement entered into under U.S.C. 4136) is repealed. the average annual amount of funds provided paragraph (1), the Secretary shall review the (d) TERMINATIONS.—Section 502(a) of the to the Indian tribe (other than funds pro- performance of the recipient that is a party Native American Housing Assistance and vided as emergency assistance) under the as- to the agreement. Self-Determination Act of 1996 (25 U.S.C. sistance program under section 14 of the ‘‘(4) EFFECT OF REVIEW.—If, on the basis of 4181(a)) is amended by adding at the end the United States Housing Act of 1937 (42 U.S.C. a review under paragraph (3), the Secretary following: ‘‘Any housing that is the subject 1437l) for the period beginning with fiscal determines that the recipient— of a contract for tenant-based assistance be- year 1992 and ending with fiscal year 1997.’’. ‘‘(A) has made a good faith effort to meet tween the Secretary and an Indian housing SEC. 8. HEARING REQUIREMENT. the compliance objectives specified in the authority that is terminated under this sec- Section 401(a) of the Native American agreement, the Secretary may enter into an tion shall, for the following fiscal year and Housing Assistance and Self-Determination additional performance agreement for the each fiscal year thereafter be considered to Act of 1996 (25 U.S.C. 4161(a)) is amended— period specified in paragraph (2); and be a dwelling unit under section 302(b)(1).’’.∑ (1) by redesignating paragraphs (1) through ‘‘(B) has failed to make a good faith effort (4) as subparagraphs (A) through (D), respec- to meet applicable compliance objectives, By Mr. CAMPBELL (for himself tively, and indenting each such subpara- the Secretary shall determine the recipient and Mr. INOUYE): graph 2 ems to the right; to have failed to comply substantially with S. 401. A bill to provide for business (2) by striking ‘‘Except as provided’’ and this Act, and the recipient shall be subject to development and trade promotion for inserting the following: an action under subsection (a).’’. native Americans, and for other pur- ‘‘(1) IN GENERAL.—Except as provided’’; SEC. 10. BLOCK GRANTS AND GUARANTEES NOT poses; to the Committee on Indian Af- (3) by striking ‘‘If the Secretary takes an FEDERAL SUBSIDIES FOR LOW-IN- action under paragraph (1), (2), or (3)’’ and COME HOUSING CREDIT. fairs. inserting the following: (a) IN GENERAL.—Subparagraph (E) of sec- THE NATIVE AMERICAN BUSINESS DEVELOPMENT ‘‘(2) CONTINUANCE OF ACTIONS.—If the Sec- tion 42(i)(2) of the Internal Revenue Code of TRADE PROMOTION AND TOURISM ACT retary takes an action under subparagraph 1986 (relating to determination of whether ∑ Mr. CAMPBELL. Mr. President, I am (A), (B), or (C) of paragraph (1)’’; and building is federally subsidized) is amended introducing a bill to assist Indians and (4) by adding at the end the following: to read as follows: tribal businesses to foster entrepre- ‘‘(E) BUILDINGS RECEIVING HOME ASSISTANCE ‘‘(3) EXCEPTION FOR CERTAIN ACTIONS.— neurship and healthy reservation ‘‘(A) IN GENERAL.—Notwithstanding any OR NATIVE AMERICAN HOUSING ASSISTANCE.— other provision of this subsection, if the Sec- ‘‘(i) IN GENERAL.— economies. I am pleased to be joined by retary makes a determination that the fail- ‘‘(I) INAPPLICABILITY.—Assistance provided Senator INOUYE. As we stand ready to ure of a recipient of assistance under this under the HOME Investment Partnerships enter the next century, Indian tribes Act to comply substantially with any mate- Act or the Native American Housing Assist- and their members continue to face rial provision (as that term is defined by the ance and Self-Determination Act of 1996 as in many challenges—poor health, sub- Secretary) of this Act is resulting, and would effect on the day before the date of enact- standard housing and educational fa- continue to result, in a continuing expendi- ment of the Native American Housing As- cilities, substance abuse, and a host of ture of Federal funds in a manner that is not sistance and Self-Determination Act Amend- authorized by law, the Secretary may take ments of 1997 with respect to any building other social and economic problems. an action described in paragraph (1)(C) be- shall not be taken into account under sub- A top priority for the Committee on fore conducting a hearing. paragraph (D) if 40 percent or more of the Indian Affairs and me in the next two ‘‘(B) PROCEDURAL REQUIREMENT.—If the residential units in the building are occupied years will be to help tribal govern- Secretary takes an action described in sub- by individuals whose income is 50 percent or ments build stronger and healthier paragraph (A), the Secretary shall— less of the area median gross income. economies to provide jobs and hope to ‘‘(i) provide notice to the recipient at the ‘‘(II) APPLICABILITY OF OTHER LAW.—Sub- their members. time that the Secretary takes that action; section (d)(5)(C) does not apply to any build- The results of centuries of federal and ing to which subclause (I) applies. domination of Indian affairs and Indian ‘‘(ii) conduct a hearing not later than 60 ‘‘(ii) SPECIAL RULE FOR CERTAIN HIGH-COST days after the date on which the Secretary HOUSING AREAS.—In the case of a building lo- economies is predictable: stagnant res- provides notice under clause (i). cated in a city described in section 142(d)(6), ervation economies and the absence of ‘‘(C) DETERMINATION.—Upon completion of clause (i) shall be applied by substituting ‘25 a private sector to create the kind of a hearing under this paragraph, the Sec- percent’ for ‘40 percent’.’’. job opportunities and business-creating

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 2174 CONGRESSIONAL RECORD—SENATE February 10, 1999 activities that Indians so desperately greater role in the tribes funding their tribes in order to foster strong tribal govern- need. own government activities. A number ments, Indian self-determination, and eco- Despite the popular myth that ‘‘all of tribes are achieving some success in nomic self-sufficiency among Indian tribes; Indians are rich’’ from gambling, the (7) the capacity of Indian tribes to build reaching this stage, and it should be strong tribal governments and vigorous realities of life for the great majority our policy to assist more tribes in economies is hindered by the inability of In- of Native Americans are harsh and achieving this transition from federal dian tribes to engage communities that sur- have shown little sign of improvement to tribal-domination of tribal affairs. round Indian lands and outside investors in in recent years. In the Great Depres- Under this bill, the Native American economic activities on Indian lands; sion of the 1930s, the national unem- Business Development Office (NABDO) (8) despite the availability of abundant ployment rate was 25 percent, and it will coordinate existing programs with- natural resources on Indian lands and a rich was a national crisis. in the Department of Commerce, in- cultural legacy that accords great value to self-determination, self-reliance, and inde- In 1999, Indian country has a collec- cluding those geared to encouraging pendence, American Indians and Alaska Na- tive unemployment rate running at American businesses in the fields of tives suffer higher rates of unemployment, 50% and there are few comments made, international trade and tourism. poverty, poor health, substandard housing, little urgency heard, and very little I want to be clear: this bill does not and associated social ills than those of any being done to address the problem. We create any new programs but will other group in the United States; sympathize, as we should, with Third achieve more efficiency in those that (9) the United States has an obligation to World countries torn by strife and lack already exist, and within existing assist Indian tribes with the creation of ap- of economic development. We provide propriate economic and political conditions budget authority. Because the central with respect to Indian lands to— loan guarantees, technical assistance, aim of the legislation is to encourage (A) encourage investment from outside and aid and trade. non-gaming development, the bill also sources that do not originate with the tribes; For Indians, the response is usually prohibits assistance under the act from and that ‘‘they should just get a job’’. The being used for gaming on Indian lands. (B) facilitate economic ventures with out- fact is there are few if any job opportu- I urge my colleagues to join me in side entities that are not tribal entities; nities on most Indian lands in this na- providing the tools necessary to build (10) the economic success and material tion. strong and diversified Indian econo- well-being of American Indian and Alaska Native communities depends on the com- The requirement that people on fed- mies so that tribal members have the bined efforts of the Federal Government, eral assistance get and keep a job is same job opportunities enjoyed by tribal governments, the private sector, and the long-term goal of the 1996 welfare other Americans. individuals; reform laws, and frankly, the tribes are Mr. President, I ask unanimous con- (11) the lack of employment and entrepre- behind the curve in preparing for the sent that the text of the bill be printed neurial opportunities in the communities re- full implementation of the law. The in the RECORD. ferred to in paragraph (8) has resulted in a goal of the legislation I introduce There being no objection, the bill was multigenerational dependence on Federal as- sistance that is— today and other bills this session will ordered to be printed in the RECORD, as (A) insufficient to address the magnitude be on helping attract capital and value- follows: of needs; and added activities to Indian lands in such S. 401 (B) unreliable in availability; and fields as manufacturing, energy, agri- Be it enacted by the Senate and House of Rep- (12) the twin goals of economic self-suffi- culture, livestock and fisheries, high resentatives of the United States of America in ciency and political self-determination for technology and electronic commerce, Congress assembled, American Indians and Alaska Natives can arts and crafts and a host of service in- SECTION 1. SHORT TITLE. best be served by making available to ad- dustries. This Act may be cited as the ‘‘Native dress the challenges faced by those groups— (A) the resources of the private market; This bill aims to make best use of ex- American Business Development, Trade Pro- motion, and Tourism Act of 1999’’. (B) adequate capital; and isting programs to provide the nec- (C) technical expertise. SEC. 2. FINDINGS; PURPOSES. essary tools to tribes to attract and re- (b) PURPOSES.—The purposes of this Act tain capital and employment. The (a) FINDINGS.—Congress finds that— are as follows: model I am encouraging with this bill (1) clause 3 of section 8 of article I of the (1) To revitalize economically and phys- United States Constitution recognizes the ically distressed Indian reservation econo- has proven highly successful in the self special relationship between the United governance arena and in the Indian job mies by— States and Indian tribes; (A) encouraging the formation of new busi- training program, known as the ‘‘477 (2) beginning in 1970, with the inauguration nesses by eligible entities, the expansion of program’’. by the Nixon Administration, of the Indian existing businesses; and By providing for an efficient coordi- self-determination era of the Federal Gov- (B) facilitating the movement of goods to nation of existing business develop- ernment, each President has confirmed the and from Indian reservations and the provi- ment programs in the Commerce De- special government-to-government relation- sion of services by Indians. partment and maximizing resources ship between Indian tribes and the United (2) To promote private investment in the States; available to tribes, this bill is a first economies of Indian tribes and to encourage (3) in 1994, President Clinton issued an Ex- the sustainable development of resources of step toward better cooperation between ecutive memorandum to the heads of depart- Indian tribes and tribal- and Indian-owned and within agencies across the federal ments and agencies that obligated all Fed- businesses. government. eral departments and agencies, particularly (3) To promote the long-range sustained Building healthy Indian economies those that have an impact on economic de- growth of the economies of Indian tribes. will require efforts by the tribal as well velopment, to evaluate the potential impacts (4) To raise incomes of Indians in order to as the federal government. The tribes of their actions on Indian tribes; reduce poverty levels and provide the means have a responsibility as well. A funda- (4) consistent with the principles of inher- for achieving a higher standard of living on mental principle of Indian self deter- ent tribal sovereignty and the special rela- Indian reservations. tionship between Indian tribes and the (5) To encourage intertribal, regional, and mination requires that the tribes play United States, Indian tribes retain the right international trade and business develop- a greater role in their own affairs. In to enter into contracts and agreements to ment in order to assist in increasing produc- many areas such as self governance, trade freely, and seek enforcement of treaty tivity and the standard of living of members the tribes are increasingly admin- and trade rights; of Indian tribes and improving the economic istering federal services, programs, and (5) Congress has carried out the responsi- self-sufficiency of the governing bodies of In- activities in lieu of the federal govern- bility of the United States for the protection dian tribes. ment. This has led to more capable and and preservation of Indian tribes and the re- (6) To promote economic self-sufficiency and political self-determination for Indian accountable tribal governments. sources of Indian tribes through the endorse- ment of treaties, and the enactment of other tribes and members of Indian tribes. A corollary of Indian political self laws, including laws that provide for the ex- SEC. 3. DEFINITIONS. government is a reduction in the de- ercise of administrative authorities; In this Act: pendence on the federal bureaucracy (6) the United States has an obligation to (1) BOARD.—The term ‘‘Board’’ has the and federal funds, through assuming a guard and preserve the sovereignty of Indian meaning given that term in the first section

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 February 10, 1999 CONGRESSIONAL RECORD—SENATE 2175 of the Act entitled ‘‘To provide for the estab- American Business Development. The Direc- (2) stimulate the demand for Indian goods lishment, operation, and maintenance of for- tor shall be compensated at a rate not to ex- and services that are available to eligible en- eign-trade zones in ports of entry in the ceed level V of the Executive Schedule under tities. United States, to expedite and encourage for- section 5316 of title 5, United States Code. (c) ACTIVITIES.—In carrying out the duties eign commerce, and for other purposes’’, ap- (b) DUTIES OF THE SECRETARY.— described in subsection (b), the Secretary, proved June 18, 1934 (19 U.S.C. 81a). (1) IN GENERAL.—The Secretary, acting acting through the Director, shall ensure the (2) DIRECTOR.—The term ‘‘Director’’ means through the Director, shall ensure the co- coordination of, or, as appropriate, carry Director of Native American Business Devel- ordination of Federal programs that provide out— opment appointed under section 4(a). assistance, including financial and technical (1) Federal programs designed to provide (3) ELIGIBLE ENTITY.—The term ‘‘eligible assistance, to eligible entities for increased technical or financial assistance to eligible entity’’ means an Indian tribe, tribal organi- business, the expansion of trade by eligible entities; zation, Indian arts and crafts organization, entities, and economic development on In- (2) the development of promotional mate- tribal enterprise, tribal marketing coopera- dian lands. rials; tive, or Indian-owned business. (2) ACTIVITIES.—In carrying out the duties (3) the financing of appropriate trade mis- (4) FEDERAL AGENCY.—The term ‘‘Federal described in paragraph (1), the Secretary, sions; agency’’ means an agency, as that term is acting through the Director, shall ensure the (4) the marketing of Indian goods and serv- defined in section 551(1) of title 5, United coordination of, or, as appropriate, carry ices; States Code. out— (5) the participation of appropriate Federal (5) FOUNDATION.—The term ‘‘Foundation’’ (A) Federal programs designed to provide agencies or eligible entities in international means the Rural Development Foundation. legal, accounting, or financial assistance to trade fairs; and (6) INDIAN.—The term ‘‘Indian’’ has the eligible entities; (6) any other activity related to the devel- meaning given that term in section 4(d) of (B) market surveys; opment of markets for Indian goods and the Indian Self-Determination and Edu- (C) the development of promotional mate- services. cation Assistance Act (25 U.S.C. 450b(d)). rials; (7) INDIAN ARTS AND CRAFTS ORGANIZA- (D) the financing of business development (d) TECHNICAL ASSISTANCE.—In conjunction TION.—The term ‘‘Indian arts and crafts or- seminars; with the activities described in subsection ganization’’ has the meaning given that term (E) the facilitation of marketing; (c), the Secretary, acting through the Direc- under section 2 of the Act of August 27, 1935 (F) the participation of appropriate Fed- tor, shall provide technical assistance and (49 Stat. 891, chapter 748; 25 U.S.C. 305a). eral agencies or eligible entities in trade administrative services to eligible entities to (8) INDIAN GOODS AND SERVICES.—The term fairs; assist those entities with— ‘‘Indian goods and services’’ means— (G) any activity that is not described in (1) the identification of appropriate mar- (A) Indian goods, within the meaning of subparagraphs (A) through (F) that is related kets for Indian goods and services; section 2 of the Act of August 27, 1935 (com- to the development of appropriate markets; (2) entering the markets referred to in monly known as the ‘‘Indian Arts and Crafts and paragraph (1); Act’’) (49 Stat. 891, chapter 748; 25 U.S.C. (H) any other activity that the Secretary, (3) compliance with foreign or domestic 305a); in consultation with the Director, deter- laws and practices with respect to financial (B) goods produced or originating within mines to be appropriate to carry out this institutions with respect to the export and an eligible entity; and section. import of Indian goods and services; and (C) services provided by eligible entities. (3) ASSISTANCE.—In conjunction with the (4) entering into financial arrangements to (9) INDIAN LANDS.—The term ‘‘Indian activities described in paragraph (2), the Sec- provide for the export and import of Indian lands’’ has the meaning given that term in retary, acting through the Director, shall goods and services. section 4(4) of the Indian Gaming Regulatory provide— (e) PRIORITIES.—In carrying out the duties Act (25 U.S.C. 2703(4)). (A) financial assistance, technical assist- and activities described in subsections (b) (10) INDIAN-OWNED BUSINESS.—The term ance, and administrative services to eligible and (c), the Secretary, acting through the ‘‘Indian-owned business’’ means an entity or- entities to assist those entities with— Director, shall give priority to activities ganized for the conduct of trade or commerce (i) identifying and taking advantage of that— with respect to which at least 50 percent of business development opportunities; and (1) provide the greatest degree of economic the property interests of the entity are (ii) compliance with appropriate laws and benefits to Indians; and owned by Indians or Indian tribes (or a com- regulatory practices; and (2) foster long-term stable international bination thereof). (B) such other assistance as the Secretary, markets for Indian goods and services. (11) INDIAN TRIBE.—The term ‘‘Indian in consultation with the Director, deter- tribe’’ has the meaning given that term in mines to be necessary for the development of SEC. 6. INTERTRIBAL TOURISM DEMONSTRATION section 4(e) of the Indian Self-Determination business opportunities for eligible entities to PROJECTS. and Education Assistance Act (25 U.S.C. enhance the economies of Indian tribes. (a) IN GENERAL.— 450b(e)). (4) PRIORITIES.—In carrying out the duties (1) DEMONSTRATION PROJECTS.—The Sec- (12) OFFICE.—The term ‘‘Office’’ means the and activities described in paragraphs (2) and retary, acting through the Director, shall Office of Native American Business Develop- (3), the Secretary, acting through the Direc- conduct a Native American tourism program ment established under section 4(a). tor, shall give priority to activities that— to facilitate the development and conduct of (13) SECRETARY.—The term ‘‘Secretary’’ (A) provide the greatest degree of eco- tourism demonstration projects by Indian means the Secretary of Commerce. nomic benefits to Indians; and tribes, on a tribal, intertribal, or regional (14) TRIBAL ENTERPRISE.—The term ‘‘tribal (B) foster long-term stable economies of basis. enterprise’’ means a commercial activity or Indian tribes. (2) PROJECTS.— business managed or controlled by an Indian (5) PROHIBITION.—The Secretary may not (A) IN GENERAL.—Under the program estab- tribe. provide under this section assistance for any lished under this section, in order to assist (15) TRIBAL MARKETING COOPERATIVE.—The activity related to the operation of a gaming in the development and promotion of tour- term ‘‘tribal marketing cooperative’’ shall activity on Indian lands pursuant to the In- ism on and in the vicinity of Indian lands, have the meaning given that term by the dian Gaming Regulatory Act (25 U.S.C. 2710 the Secretary, acting through the Director, Secretary, in consultation with the Sec- et seq.). shall, in coordination with the Foundation, retary of the Interior. SEC. 5. NATIVE AMERICAN TRADE AND EXPORT assist eligible entities in the planning, devel- (16) TRIBAL ORGANIZATION.—The term ‘‘trib- PROMOTION. opment, and implementation of tourism de- al organization’’ has the meaning given that (a) IN GENERAL.—The Secretary, acting velopment demonstration projects that meet term in section 4(l) of the Indian Self-Deter- through the Director, shall carry out a Na- the criteria described in subparagraph (B). mination and Education Assistance Act (25 tive American export and trade promotion (B) PROJECTS DESCRIBED.—In selecting U.S.C. 450b(l)). program (referred to in this section as the tourism development demonstration projects SEC. 4. OFFICE OF NATIVE AMERICAN BUSINESS ‘‘program’’). under this section, the Secretary, acting DEVELOPMENT. (b) COORDINATION OF FEDERAL PROGRAMS through the Director, shall select projects (a) IN GENERAL.— AND SERVICES.—In carrying out the program, that have the potential to increase travel (1) ESTABLISHMENT.—There is established the Secretary, acting through the Director, and tourism revenues by attracting visitors within the Department of Commerce an of- and in cooperation with the heads of appro- to Indian lands and in the vicinity of Indian fice known as the Office of Native American priate Federal agencies, shall ensure the co- lands, including projects that provide for— Business Development. ordination of Federal programs and services (i) the development and distribution of (2) DIRECTOR.—The Office shall be headed designed to— educational and promotional materials per- by a Director, appointed by the Secretary, (1) develop the economies of Indian tribes; taining to attractions located on and near whose title shall be the Director of Native and Indian lands;

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 2176 CONGRESSIONAL RECORD—SENATE February 10, 1999 (ii) the development of educational re- United States, to expedite and encourage for- that doesn’t fit the model, the bank sources to assist in private and public tour- eign commerce, and for other purposes’’, ap- could be forced to file a suspicious ac- ism development on and in the vicinity of In- proved June 18, 1934 (19 U.S.C. 81a et seq.), tivity report with a federal law en- dian lands; and the Board shall consider, on a priority basis, forcement agency, such as the FBI or (iii) the coordination of tourism-related and expedite, to the maximum extent prac- DEA. joint ventures and cooperative efforts be- ticable, the processing of any application in- tween eligible entities and appropriate State volving the establishment of a foreign-trade Imagine that you sell an old car and and local governments that have jurisdiction zone on Indian lands, including any Indian then go to the bank to deposit the over areas in the vicinity of Indian lands. lands designated as an empowerment zone or money in your account. You explain (3) GRANTS.—To carry out the program enterprise community pursuant to section that you simply sold your car and this under this section, the Secretary, acting 1391 of the Internal Revenue Code of 1986. is the money from the sale. However, through the Director, may award grants or (b) APPLICATION PROCEDURE.—In processing you are informed that the explanation enter into other appropriate arrangements applications for the establishment of ports of is insufficient. The deposit does not fit with Indian tribes, tribal organizations, entry pursuant to the Act entitled ‘‘An Act your usual and expected transaction intertribal consortia, or other tribal entities making appropriations for sundry civil ex- profile, so you might be reported to law that the Secretary, in consultation with the penses of the Government for the fiscal year Director, determines to be appropriate. ending June thirtieth, nineteen hundred and enforcement officials. You may now (4) LOCATIONS.—In providing for tourism fifteen, and for other purposes’’, approved have to prove to the satisfaction of the development demonstration projects under August 1, 1914 (19 U.S.C. 2), the Secretary of FBI or other federal agency that you the program under this section, the Sec- the Treasury shall, with respect to any ap- are not a drug dealer or money retary, acting through the Director, shall plication involving the establishment of a launderer. These proposed regulations provide for a demonstration project to be port of entry that is necessary to permit the could force you to prove your inno- conducted— establishment of a foreign-trade zone on In- cence before you have even been ac- (A) for Indians of the Four Corners area lo- dian lands— cused of a crime. cated in the area adjacent to the border be- (1) consider on a priority basis; and Unfortunately, this scenario is one (2) expedite, to the maximum extent prac- tween Arizona, Utah, Colorado, and New that could be repeated many times Mexico; ticable, the processing of that application. (B) for Indians of the northwestern area (c) APPLICATION EVALUATION.—In evalu- over. Anytime someone receives a that is commonly known as the Great North- ating applications for the establishment of bonus at work, receives an inheritance, west (as determined by the Secretary); foreign-trade zones and ports of entry in con- receives a large gift, sells a large item, (C) for the Oklahoma Indians in Oklahoma; nection with Indian lands, to the maximum or withdraws money to make a major and extent practicable and consistent with appli- purchase it could trigger a suspicious (D) for the Indians of the Great Plains area cable law, the Board and Secretary of the activity report and an investigation by ∑ (as determined by the Secretary). Treasury shall approve the applications. law enforcement. The perverse effect of (b) STUDIES.—The Secretary, acting causing law enforcement officials to in- through the Director, shall provide financial By Mr. ALLARD (for himself and vestigate so much mundane financial assistance, technical assistance, and admin- Mr. SANTORUM): istrative services to participants that the S. 403. A bill to prohibit implementa- activity merely because it deviates Secretary, acting through the Director, se- tion of ‘‘Know Your Customer’’ regula- from some profile of ‘‘normal’’ is that lects to carry out a tourism development tions by the Federal banking agencies; resources will be unavailable to com- project under this section, with respect to— to the Committee on Banking, Hous- bat genuine financial fraud. (1) feasibility studies conducted as part of Would all this happen? We don’t ing, and Urban Affairs. that project; know, but the extremely broad and (2) market analyses; LEGISLATION TO PROHIBIT IMPLEMENTATION OF vague wording of the draft regulations (3) participation in tourism and trade mis- KNOW YOUR CUSTOMER REGULATIONS ∑ could certainly permit it to happen. sions; and Mr. ALLARD. Mr. President, I rise Furthermore, these regulations are (4) any other activity that the Secretary, today to introduce legislation to help unnecessary because banks already in consultation with the Director, deter- protect the financial privacy of Ameri- mines to be appropriate to carry out this partner with law enforcement to fight cans. The so-called Know Your Cus- financial crime without invading the section. tomer regulations proposed by Federal (c) INFRASTRUCTURE DEVELOPMENT.—The privacy of customers. Banks currently demonstration projects conducted under this banking agencies threaten the privacy report insider abuse, violations of fed- section shall include provisions to facilitate of our financial transactions. My bill eral law, and potential money laun- the development and financing of infrastruc- would ensure that those regulations dering activity. But these are after the ture, including the development of Indian are not enacted, and that Americans fact. Banks are also required to report reservation roads in a manner consistent can be confident in the privacy of their all cash transactions over $10,000. By with title 23, United States Code. bank account. contrast, the proposed regulations SEC. 7. REPORT TO CONGRESS. Governmental overregulation has in- (a) IN GENERAL.—Not later than 1 year would force them to snoop through ac- vaded nearly every aspect of our lives, counts to look for transactions to re- after the date of enactment of this Act, and often at the cost of our privacy. Tech- annually thereafter, the Secretary, in con- port, merely because they are deemed sultation with the Director, shall prepare nology has the potential to accelerate ‘‘suspicious.’’ Banks are then trans- and submit to the Committee on Indian Af- the invasion of our privacy. formed from an agent monitoring regu- fairs of the Senate and the Committee on Re- The Know Your Customer regula- latory compliance to an investigator sources of the House of Representatives a re- tions have been proposed by the four and enforcer for the government. This port on the operation of the Office. banking regulators: the Federal Re- creates a significant unfunded federal (b) CONTENTS OF REPORT.—Each report pre- serve, the FDIC, the Office of the pared under subsection (a) shall include— mandate for the banking industry. Comptroller of the Currency, and the Accordingly, the proposed regula- (1) for the period covered by the report, a Office of Thrift Supervision. These reg- summary of the activities conducted by the tions are opposed by major banking Secretary, acting through the Director, in ulations may force banks to snoop groups, including the American Bank- carrying out sections 4 through 6; and through customers’ bank accounts ers Association and the Independent (2) any recommendations for legislation under the guise of looking for ‘‘sus- Bankers Association of America. They that the Secretary, in consultation with the picious activity.’’ Banks would have to fear a loss of privacy for their cus- Director, determines to be necessary to know the source of funds for all finan- tomers that would negatively impact carry out sections 4 through 6. cial transactions. Specifically, the reg- their industry. In addition, these regu- SEC. 8. FOREIGN-TRADE ZONE PREFERENCES. ulations would require banks to de- lations are very selective-credit (a) PREFERENCE IN ESTABLISHMENT OF FOR- velop standards of normal and expected unions, securities firms, and insurance EIGN-TRADE ZONES IN INDIAN ENTERPRISE transactions for all accounts. The bank ZONES.—In processing applications for the firms would not be subject to the pro- establishment of foreign-trade zones pursu- then would be required to monitor all posed regulations. ant to the Act entitled ‘‘To provide for the account activity to see if it fits the Obviously, these proposed regula- establishment, operation, and maintenance normal and expected activity profile. If tions could be detrimental to the mil- of foreign-trade zones in ports of entry of the a financial transaction takes place lions of Americans who use a bank for

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 February 10, 1999 CONGRESSIONAL RECORD—SENATE 2177 their financial transactions. This legis- States. At about the same time, the elements. The bells were placed in lation would prevent the Federal bank- Filipino people began an insurrection openings in a large specially con- ing agencies involved from imple- in their country. In August 1901, as structed masonry wall with a plaque menting the proposed Know Your Cus- part of the American effort to stem the dedicating the memorial to the mem- tomer regulations. We must protect insurrection, a company of 74 officers ory of the fallen soldiers. the financial privacy of Americans, and and men from the 9th Infantry, Com- Off and on since 1981, there have been prevent the proposed regulations from pany G, occupied the town of Balangiga some discussions in various circles in being enacted. on the island of Samar. These men Cheyenne, Washington, and Manila Mr. President, I ask unanimous con- came from Ft. Russell in Cheyenne, about the future of the bells, including sent that the text of the bill be printed Wyoming—today’s F.E. Warren Air the possibility of returning them to the in the RECORD. Force Base. Philippines. Most recently, the Phil- There being no objection, the bill was On September 28 of that year, taking ippine government—having run into ordered to be printed in the RECORD, as advantage of the preoccupation of the broad opposition to their request to follows: American troops with a church service have both bells returned to them—has S. 403 for the just-assassinated President proposed making a copy of both bells, Be it enacted by the Senate and House of Rep- McKinley, a group of Filipino insur- and having both sides keep one copy resentatives of the United States of America in gents infiltrated the town. Only three and one original. Opposition to the pro- Congress assembled, American sentries were on duty that posal from local and national civic and SECTION 1. PROHIBITION ON IMPLEMENTATION. day. As described in an article in the veterans groups has been very strong. (a) IN GENERAL.—No regulation or amend- November 19, 1997 edition of the Wall Last year, developments indicated to ment thereto prescribed by the Secretary of Street Journal: me that the White House was seriously the Treasury or any Federal banking agency Officers slept in, and enlisted men didn’t contemplating returning one or both of under subchapter II or III of chapter 53 of bother to carry their rifes as they ambled the bells to the Philippines. 1998 title 31, United States Code, chapter 2 of out of their quarters for breakfast. marked the 100th anniversary of the Public Law 91–508, or any other provision of Balangiga had been a boringly peaceful site Federal law, that requires a depository insti- since the infantry company arrived a month Treaty of Paris, and a state visit by tution or any other private entity to obtain earlier, according to military accounts and then-President Fidel Ramos—his last information concerning any person in con- soldiers’ statements. The quiet ended as President—to the United States. nection with a financial transaction between abrupty when a 23 year old U.S. sentry The disposition of the bells was high on such person and the depository institution or named Adolph Gamlin walked past the local President Ramos’ agenda; he has spo- other private entity (commonly referred to police chief. In one swift move, the Filipino ken personally to President Clinton as ‘‘know your customer’’ regulations) may grabbed the slightly built Iowan’s rifle and and several members of Congress about be implemented or otherwise take effect on smashed the butt across [Gamlin’s] head. As it over the last three years, and made or after the date of enactment of this Act. PFC Gamlin crumpled, the bells of Balangiga (b) DEFINITIONS.—The terms ‘‘Federal began to peal. it one of only three agenda items the banking agency’’ and ‘‘depository institu- With the signal, hundreds of Filipino fight- Filipino delegation brought to the tion’’ have the same meanings as in section ers swarmed out of the surrounding forest, table. Since January 1998, the Filipino 3 of the Federal Deposit Insurance Act.∑ armed with clubs, picks and machete-like press has included almost weekly arti- bolo knives. Others poured out of the church; cles on the bells’ supposed return, in- By Mr. THOMAS (for himself, Mr. they had arrived the night before, disguised cluding several in the Manila Times in ENZI, Mr. HELMS, Mr. MUR- as women mourners and carrying coffins April and May which reported that a KOWSKI, Mr. COVERDELL, Mr. filled with bolos. A sergeant was beheaded in the mess tent and dumped into a vat of new tower to house the bells was being HAGEL, Mr. SMITH of Oregon, steaming wash water. A young bugler was constructed in Borongon, Samar, to re- Mr. SMITH of New Hampshire, cut down in a nearby stream. The company ceive them in May. In addition, there Mr. ROBERTS, Mr. NICKLES, and commander was hacked to death after jump- have been a variety of reports vilifying Mr. SESSIONS): ing out a window. Besieged infantrymen de- me and the veterans in Wyoming for S. 404. A bill to prohibit the return of fended themselves with kitchen forks, mess our position on the issue, and others veterans memorial objects to foreign kits and baseball bats. Others threw rocks threatening economic boycotts of U.S. nations without specific authorization and cans of beans. Though he was also slashed across the products or other unspecified acts of in law; to the Committee on Veterans’ retaliation to force capitulation on the Affairs. back, PFC...Gamlin came to and found a rifle. By the time he and the other survivors issue. S. 404: THE VETERANS MEMORIAL PHYSICAL fought their way to the beach, 38 U.S. sol- Moreover, inquiries to me from var- INTEGRITY ACT OF 1999 diers were dead and all but six of the remain- ious agencies of the Administration so- ∑ Mr. THOMAS. Mr. President, I come ing men had been wounded. liciting the opinion of the Wyoming to the floor today to introduce S. 404, a The remaining soldiers escaped in congressional delegation on the issue bill to prohibit the return to a foreign five dug-out canoes. Only three boats increased in frequency in the first four country of any portion of a memorial made it to safety on Leyte. Seven men months of 1998. I also learned that the to American veterans without the ex- died of exposure at sea, and another Defense Department, perhaps in con- press authorization of Congress. The eight died of their wounds; only 20 of junction with the Justice Department, bill is identical to S. 1903 which I intro- the company’s 74 members survived. prepared a legal memorandum out- duced at the end of the last Congress. A detachment of 54 volunteers from lining its opinion of who actually con- I would not have thought that a bill 9th infantry units stationed at Leyte trols the disposition of the bells. like this was necessary, Mr. President. returned to Balangiga and recaptured In response, the Wyoming congres- It would never have occurred to me the village. They were reinforced a few sional delegation wrote a letter to that an Administration would even days later from Companies K and L of President Clinton on January 9, 1998, to briefly consider dismantling part of a the 11th Infantry Regiment. When the make clear our opposition to removing memorial to American soldiers who 11th Infantry was relieved on October the bells. In response to that letter, on died in the line of duty in order to send 18, by Marines, the 9th Infantry took May 26 I received a letter from Sandy a piece of that memorial to a foreign two of the church bells and an old can- Berger of the National Security Coun- country; but a real possibility of just non with them back to Wyoming as cil which I think is perhaps one of the that happening exists in my state of memorials to the fallen soldiers. best indicators of the direction the Wyoming involving what are known as The bells and cannon have been dis- White House was headed on this issue. the ‘‘Bells of Balangiga.’’ played in front of the base flagpole on To head off any move by the Admin- In 1898, the Treaty of Paris brought the central parade grounds since that istration to dispose of the bells, I and to a close the Spanish-American War. time. The cannon was restored by local Senator ENZI introduced S. 1903 on As part of the treaty, Spain ceded pos- volunteers and placed under a glass dis- April 1. The bill had 18 cosponsors, in- session of the Philippines to the United play case in 1985 to protect it from the cluding the distinguished Chairmen of

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 2178 CONGRESSIONAL RECORD—SENATE February 10, 1999 the Committees on Armed Services, diers in Balangiga before they signed mantling a war memorial—is a dese- Foreign Relations, Finance, Energy the document. Moreover, that fact was cration of that memory. and Natural Resources, Rules, Ethics, completely and purposefully left out of S. 404 will protect the bells and simi- and Banking; the Chairmen of five Sub- the wording of the joint resolution lar veterans memorials from such an committees of the Foreign Relations itself; the death of these American sol- ignoble fate. The bill is quite simple; it Committee; and five members of the diers was completely glossed over. The prohibits the transfer of a veterans me- Armed Services Committee. closest the joint resolution gets to morial or any portion thereof to a for- Mr. President, at this point let me mentioning the surprise attack and re- eign country or government unless spe- dispose of a canard that was forwarded sulting deaths is this, which I quote cifically authorized by law; Represent- shortly after the time I introduced S. verbatim: ative BARBARA CUBIN is introducing 1903 by those seeking the return of the Whereas, at a point in the relationship, similar legislation this week in the bells. They asserted that the bill was nearly one hundred (100) years ago following House. I am pleased to be joined by actually in contravention of the wishes the Spanish-American War, armed conflict Senators ENZI, HELMS, HAGEL, SMITH of of the people of the State of Wyoming occurred between the United States and the Oregon, MURKOWSKI, SMITH of New Philippines; and because the Wyoming Legislature, Hampshire, ROBERTS, SESSIONS, NICK- Whereas, a particularly noteworthy inci- quoting a letter from the Ambassador dent occurred on the island of Samar in 1901 LES, and COVERDELL as original cospon- of the Philippines dated April 3, 1998, during the course of that conflict; and sors. I trust that my colleagues will ‘‘supports the sharing of the bells.’’ Whereas, that incident involved the ring- support its swift passage. That statement, however, glosses over ing of the Church Bells of Balangiga on Mr. President, I ask unanimous con- the real facts. Samar to signal the outbreak of fighting. sent that the bill and additional mate- Wyoming’s legislature is not a ‘‘pro- Imagine. The author of the joint res- rial be printed in the RECORD. fessional’’ one—that is, the legislators olution reduced the surprise attack and There being no objection, the mate- have other, full-time jobs and the Leg- horrible deaths of fifty-four soldiers to rials were ordered to be printed in the islature only sits for forty days at the a seemingly innocent, benign ‘‘note- RECORD, as follows: beginning of each year and twenty days worthy incident.’’ So while some may S. 404 in the fall. When the Legislature rely on the joint resolution as though Be it enacted by the Senate and House of Rep- meets, it is often to process an entire it were the ‘‘voice of Wyoming’’ in sup- resentatives of the United States of America in year’s worth of legislation in just a few port of their position, an examination Congress assembled, weeks. of the actual facts surrounding it SECTION 1. PROHIBITION ON THE RETURN OF Like Congress, the Wyoming Legisla- proves that reliance to be very mis- VETERANS MEMORIAL OBJECTS TO ture has a formal process of intro- FOREIGN NATIONS WITHOUT SPE- placed. CIFIC AUTHORIZATION IN LAW. ducing, considering, and then voting on While time has passed since this (a) PROHIBITION.—Notwithstanding section bills which become law upon the signa- issue came to a head last April, Mr. 2572 of title 10, United States Code, or any ture of the chief executive—in this case President, my deep concern that the other provision of law, the President may the governor. Also like Congress, the Administration might still dispose of not transfer a veterans memorial object to a Legislature has a system for expressing the bells has not. The Administration foreign country or entity controlled by a for- its non-binding viewpoint on certain has not disavowed its earlier intent to eign government, or otherwise transfer or issues through resolutions. But unlike seek to return the bells—an intent de- convey such object to a person or entity for Congress, the Legislature also has an railed by the introduction of S. 1903 purposes of the ultimate transfer or convey- ance of such object to a foreign country or informal resolution process to express last year. In addition, despite Article entity controlled by a foreign government, the viewpoint of only a given number IV, section 3, clause 2 of the Constitu- unless specifically authorized by law. of legislators, as opposed to the entire tion, which states that the ‘‘Congress (b) DEFINITIONS.—In this section: legislative body, on a given topic; the shall have the power to dispose of . . . (1) ENTITY CONTROLLED BY A FOREIGN GOV- vehicle for such a process is called a Property belonging to the United ERNMENT.—The term ‘‘entity controlled by a ‘‘joint resolution.’’ States,’’ the Justice Department has foreign government’’ has the meaning given In this process, a legislator circulates issued an informal memorandum stat- that term in section 2536(c)(1) of title 10, United States Code. the equivalent of a petition among his ing that the Bells could possibly be dis- (2) VETERANS MEMORIAL OBJECT.—The term or her colleagues. Support for the sub- posed of by the President pursuant to ‘‘veterans memorial object’’ means any ob- ject matter is signified simply by sign- the provisions of 10 U.S.C. § 2572. ject, including a physical structure or por- ing one’s name to the petition. Once I continue to be amazed, even in tion thereof, that— the sponsor has acquired all the signa- these days of political correctness and (A) is located at a cemetery of the Na- tures he or she can—or wishes to—ac- revisionist history, that a U.S. Presi- tional Cemetery System, war memorial, or quire, the joint resolution is simply de- dent—our Commander-in-Chief—would military installation in the United States; posited for the record with the Office of appear to be ready to ignore the wishes (B) is dedicated to, or otherwise memorial- the Governor; it is never—I repeat of our veterans and tear down a memo- izes, the death in combat or combat-related duties of members of the United States never—voted on in either House of the rial to U.S. soldiers who died in the Armed Forces; and Legislature, nor is it signed by the gov- line of duty in order to send part of it (C) was brought to the United States from ernor. As a consequence, it is not con- back to the country in which they were abroad as a memorial of combat abroad. sidered to be the position of, or the ex- killed. Amazed, that is, until I recall pression of the will of, the Legislature this President’s fondness for sweeping THE AMERICAN LEGION, as a whole, but only of those legisla- apologies and what some might view as Washington, DC, April 8, 1998. tors who signed it. flashy P.R. gestures. Consequently, Hon. CRAIG THOMAS, U.S. Senate, Although the bells are an issue of in- Senator ENZI and I have decided to re- Washington, DC. terest among some circles state-wide, introduce the bill in the 106th Con- DEAR SENATOR THOMAS: The American Le- the issue is not well-known all over gress. gion supports S. 1903, legislation that would Wyoming. I have heard from several of Mr. President, to the veterans of Wy- prohibit the return of veterans memorial ob- the signatories of the joint resolution oming, and the United States as a jects without specific authorization in law on the bells that they were not aware whole, the bells represent a lasting me- by the United States Congress. of the circumstances surrounding the morial to those fifty-four American Article IV, Section III of the United States bells at the time they signed the joint soldiers killed as a result of an Constitution specifically grants Congress the resolution. In this regard, it is impor- unprovoked insurgent attack in authority to dispose of property belonging to the United States. The Preamble to the Con- tant to note that the sponsor of the Balangiga on September 28, 1901. In stitution of The American Legion specifi- joint resolution did not enlighten them their view, which I share, any attempt cally calls for The American Legion to ‘‘up- about the role of the bells in the to remove either or both of the bells— hold and defend the Constitution of the unprovoked killing of 54 American sol- and in doing so actually physically dis- United States of America’’ and ‘‘to preserve

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 February 10, 1999 CONGRESSIONAL RECORD—SENATE 2179 the memories and incidents of our associa- promise solution. He suggested returning one citizens of our great state. The United Vet- tions in the Great Wars.’’ The American Le- of the bells to the Philippines thereby giving erans Council of Wyoming, Inc. is a coalition gion believes your legislation would help both nations an original and the opportunity of veteran’s service organizations located achieve these two important democratic to make a replica. In fact, the justification throughout Wyoming. Members of the tasks. for the latest proposal of the Philippine gov- United Veterans Council include the Amer- Once again. The American Legion supports ernment is fatally flawed. The Bells of ican Legion, the Disabled American Vet- S. 1903, legislation that would prohibit the Balangiga played no part at all in Admiral erans, the Veterans of Foreign Wars of the return of veterans memorial objects without Dewey’s defeat of the Spanish Navy at Ma- United States, and eleven smaller, though no specific authorization in law by the United nila Bay in 1898. Subsequently, that naval less important, veteran’s service organiza- States Congress. The American Legion ap- defeat forced the Spanish to relinquish con- tions. preciates your continued leadership on issues trol of the Philippine Islands to the U.S. The As you may know, the Philippine govern- important to veterans, their families and the soldiers killed were from Fort D.A. Russell ment has attempted since 1980 to have the United States of America. and were ordered to the Philippine Islands Bells of Balangiga returned. In brief, the Sincerely, because a savage guerrilla war had broken bells serve as a permanent war memorial to STEVE A. ROBERTSON, out after the conclusion of the Spanish- U.S. Army soldiers sent from Ft. D.A. Rus- Director, National American War of 1896. Therefore, we believe sell, Wyoming to the Philippine Islands fol- Legislative Commission. the bells have no significance or connection lowing the Spanish-American War of 1898. In to the celebration of Philippine independ- 1901, soldiers garrisoned in the village of VETERANS OF FOREIGN WARS OF ence. Balangiga to protect the village from Mus- THE UNITED STATES, Kenneth Weber, Commander of the VFW lim and rebel raids, were killed by insurgents January 6, 1998. Department of Wyoming, expressed the feel- who used the church bells to signal a sur- Re Bells of Balangiga. ings of local Wyoming veterans and sup- prise attack on a quite Sunday morning. The Hon. DOUGLAS K. BEREUTER, porters when he said, ‘‘The members of the bells now hang from an attractive brick me- Chairman, East Asia Subcommittee, Committee Veterans of Foreign Wars of the United morial near the parade grounds of Fort Rus- on International Relations, U.S. House of States . . . will not stand idle and allow a sa- sell, now F.E. Warren AFB, in Cheyenne. Representatives, Washington, DC. cred memorial to those soldiers killed while Pentagon officials have determined that the DEAR MR. CHAIRMAN: Recently, we learned doing their duty to be dismantled.’’ United States government has proper title to that Mr. Robert Underwood, U.S. Represent- We believe the Wyoming veterans are cor- the bells under international law. ative from Guam, has introduced House Res- rect on this issue. The bells should stay right Since his posting to Washington in 1993, olution 312 urging the President to authorize where they are—in Wyoming and with the Philippine Ambassador Paul Rabe has been the transfer of ownership of one of the Bells 9th Regiment. quietly negotiating the return of the bells of Balangiga to the Philippines. In brief, the Respectfully, with Wyoming church leaders, civic organi- Bells of Balangiga, which serve as a war me- KENNETH A. STEADMAN, zations, local businessmen with economic morial to U.S. Army soldiers killed by insur- Executive Director. ties to the Philippines and state law-makers. gents in the Philippines in 1901, are located However, after several trips to Wyoming, at E.E. Warren Air Force Base in Cheyenne, THE AMERICAN LEGION, Ambassador Rabe has yet to meet with vet- Wyoming. The proposal of the Philippine DEPARTMENT OF WYOMING, erans or veteran’s organizations. It is impor- Ambassador to return one of the bells to the Cheyenne, WY, December 5, 1997. tant to know, that for ninety-five years, U.S. Philippines is opposed by veterans and the Hon. WILLIAM CLINTON, military personnel and Wyoming veterans supporting community in Wyoming. U.S. President, White House, Washington DC. have kept safe, maintained, and preserved Although the 98th National Convention of DEAR PRESIDENT CLINTON: A copy of House the bells. Veterans were instrumental in es- the Veterans of Foreign Wars of the United Resolution 312 urging our President to trans- tablishing the permanent memorial as it now States did not adopt a Resolution on this fer one of the Bells of Balingiga from F.E. stands, dedicated to the sacrifice of fallen issue, the VFW does have a position on the Warren Air Force Base, Cheyenne, Wyoming, comrades. The memorial is adjacent to the Bells of Balangiga. After carefully reviewing to the Philippines has been received by The base flag pole and part of the daily retreat the history and background of the issue in- American Legion, Department of Wyoming ceremony. volving the Bells of Balangiga, the VFW op- Headquarters. On behalf of the Wyoming Le- Philippine President Fidel V. Ramos is vis- poses and rejects any compromise or agree- gionnaires and other veterans, I urge you to iting Washington in April. I understand he ment with the government of the Philippines oppose this resolution. Also attached is a intends to meet with you to discuss, among which would result in the return of any of Resolution from The American Legion, De- other things, House Resolution 312 urging the Bells of Balangiga to the Philippines. partment of Wyoming, strongly advocating the transfer of ownership of one of the bells The church bells were paid for with Amer- the retention of both bells at F.E. Warren to the Philippines as a compromise offer. ican blood in 1901 when they were used to AFB in Cheyenne. We still feel strongly that President Ramos is attempting to justify the signal an unprovoked attack by insurrec- to dismantle a memorial to our fallen com- return of one or more bells for use during a tionists against an American Army garrison rades—even partially—that is almost a hun- centennial celebration of Philippine inde- which resulted in the massacre of 45 Amer- dred years old is a breach of faith with those pendence from Spain. ican soldiers. The Bells serve is a permanent who gave the ultimate sacrifice in service to As the VFW and others have continually memorial to the sacrifice of the American their country. The Preamble to the Constitu- pointed out, the Bells of Balangiga played no soldiers from Fort D.A. Russell (Wyoming) tion of The American Legion states ‘‘For role in Admiral Dewey’s defeat of the Span- who gave their lives for their country while God and country, we associate ourselves for ish Navy at Manila Bay in 1898, three years doing their duty. We do not think any of the the following purposes . . . to preserve the before the bells were used to signal the mas- bells should be given back to the Philippines. memories and incidents of our association in sacre of the U.S. soldiers at Balangiga. Fol- To return the bells sends the wrong message the great wars: . . .’’ We have seen some of lowing Admiral Dewey’s victory, Spain relin- to the world. In addition, local Wyoming vet- the emotions of living veterans at such me- quished control of the islands to the United erans and other citizens are opposed to dis- morials as the Vietnam Wall and the Korean States. The Philippines were granted their mantling the sacred monument and return- War Memorial in Washington DC. To remove independence in 1946. We believe the bells ing any part of it to the Philippines. a memorial from the oldest active military have no significance or connection to any In the past, several years, the Philippine installation in our country would send a celebration of Philippine independence from Government has made several attempts to very adverse message to those who are serv- Spain. get the Bells of Balangiga returned to their ing our country at the present time and in The Philippine government even compared country. To date, they have not been suc- the future. the church bells to our Liberty Bell, a com- cessful in any of their attempts to get the Sincerely, parison which is completely unfounded and bells returned. For the past 95 years, two of JOSEPH G. SESTAK, quite a stretch. The Liberty Bell was rung on the bells have been enshrined at Fort Rus- Department Commander. July 8, 1776 following the first public reading sell/Warren AFB in Wyoming. The third is of the Declaration of Independence. The with the U.S. Army’s 9th Infantry in the Re- UNITED VETERANS COUNCIL Bells of Balangiga, as used in 1901, signaled public of Korea. OF WYOMING, the brutal massacre by Filipino insurrection- Recently, Philippine President Fidel Cheyenne, WY, March 13, 1998. ists hiding in the church and in the jungle on Ramos ordered his United States Ambas- The President of the United States, unsuspecting and unarmed soldiers of Com- sador, Paul Rabe, to step up his effort on the WILLIAM JEFFERSON CLINTON, pany C, Ninth U.S. Infantry Regiment garri- bells hoping to have them returned in time Washington, DC. soned there. Surprised and outnumbered, the for next summer’s celebration of 100 years of DEAR PRESIDENT CLINTON: I am writing to soldiers were nearly wiped out in the first Philippine independence. In October 1997, you concerning an issue which is of great im- terrible minutes of fighting. Of the com- Ambassador Paul Rabe suggested a com- portance to Wyoming’s veterans and other pany’s original compliment of seventy-four

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 2180 CONGRESSIONAL RECORD—SENATE February 10, 1999 soldiers, forty-eight were killed or unac- institutions Filipinos have so eagerly em- do not memorialize American foreign counted for, twenty-two were wounded, and braced. policies of the time. Nor do they serve only four escaped unharmed to the American I believe a compromise solution, by which as a tribute to our political system, the United States and the Philippines would garrison at Basey. America’s turn of the century notions After a careful review of the history sur- each retain custody of one of the original rounding the bells, the United Veterans bells, offers a unique opportunity to honor of race relations, or the performance of Council of Wyoming, Inc. on behalf of our both the American soldiers who gave their the American troops who served there member veteran’s organizations and sup- lives in the town of Balangiga and the cen- during that conflict. Rather, these porting citizens, opposes any compromise tennial celebration of the Philippines’ first bells memorialize one thing and one offer. The Council does so without malice to- step toward democracy. I understand the thing only: The tragic and premature wards the people of the Philippines. We sim- concerns of those who are worried that any deaths of 54 young men who volun- ply hold dear, the feelings of mutual respect alteration of the existing monument might cause present day Americans to forget the teered to do the bidding of the Amer- and a shared memory of fallen comrades who ican people. For this purpose I believe paid the ultimate sacrifice while serving sacrifices of past generations. But the histor- their country. ical significance of Balangiga rests on the these bells serve as a most fitting me- On his last visit to Cheyenne on February fact that today the United States and the morial indeed and I am opposed to 18, 1998, Ambassador Rabe was asked if the Philippines are united in a common cause of their dismantlement. bells would be returned to Catholic churches promoting stability and prosperity through- It is time to honor our veterans, our or to be used in a secular setting. The Am- out the Asia Pacific region. I urge you and war dead, and the principle that in this bassador replied, ‘‘That is something to be your colleagues from the Wyoming Congres- country, we do not submit to govern- sional Delegation to reevaluate the com- discussed.’’ It is an affront to the soldiers ment by Presidential fiat. I ask the who died, and their survivors, to suggest promise approach to resolving the bells of Balangiga question. support of my colleagues for this legis- that a permanent memorial be dismantled ∑ for no better reasons than are being provided Sincerely, lation. by the Philippine government. SAMUEL R. BERGER, Over the years, the United States govern- Assistant to the President By Mr. HOLLINGS: ment has repeatedly, and for all the right for National Security Affairs.∑ S. 405. A bill to prohibit the oper- reasons, declined to return the Bells of ∑ Mr. ENZI. Mr. President, I rise to ation of civil supersonic transport air- Balangiga to the Philippine government. The join my colleague, the senior Senator craft to or from airports in the United church bells were paid for with American from my state of Wyoming, in the ef- States under certain circumstances; to blood in 1901 when they were used to signal fort to safeguard the integrity of the the Committee on Commerce, Science, an attack on U.S. soldiers. The bells should and Transportation. stay right where they are—in Wyoming. nation’s military memorials from the COMMERCIAL OPERATION OF SUPERSONIC Sincerely yours, politically expedient demands of for- TRANSPORT LEGISLATION JIM LLOYD, eign governments—in this case the so- President. called ‘‘Bells of Balangiga’’ war memo- ∑ Mr. HOLLINGS. Mr. President, rial located in Wyoming’s capital city today, I introduce legislation to ban THE WHITE HOUSE, of Cheyenne. Though a similar bill was the Concorde (flown by British Airways Washington, March 26, 1998. introduced during the last congress, it and Air France to the U.S.) from oper- Hon. CRAIG THOMAS, was not voted on before adjournment. ating in the U.S. A companion bill is U.S. Senate, being offered in the House by Congress- Washington, DC. Unfortunately, the issue this legisla- man OBERSTAR. This measure is in di- DEAR SENATOR THOMAS: Thank you for tion hopes to address is alive and well. your letter concerning the bells of Balangiga Many people contend that church rect response to a pending European and the proposed compromise solution for bells are not a fitting subject for a war Union resolution which places arbi- addressing this issue. I am writing on behalf memorial. The circumstances sur- trary design-based barriers on the oper- of the President to request that you not op- rounding these particular bells, how- ation of U.S.-registered, huskitted, air- pose the compromise solution. We believe it ever, are not normal. As the Senior craft meeting the highest U.S. techno- effectively takes into account the interests Senator from Wyoming related, those logical noise standards. The EU, under and sensitivities of both American veterans bells were not used by Filipino insur- the guise of an environmental regula- and the people of the Philippines. tion, has essentially declared a trade I understand American forces brought the gents to call the faithful to prayer that two bells of Balangiga to Wyoming following harrowing morning. They were used in- war. Their regulation, a so-called ‘‘non- the Philippine insurrection of 1901, and that stead to signal the massacre of Wyo- addition rule,’’ is to be voted on by the they currently are on display at F.E. Warren ming troops as they sat down, un- EU in mid-February to become effec- Air Force Base in Cheyenne. As you may armed, to breakfast. Of the 74 officers tive April 1, 1999. After that date, no know, Philippine President Fidel Ramos is and men in the garrison, only twenty U.S.-registered, stage 3 compliant air- eager to explore the possibility of returning survived. Eye witness accounts had craft (the quietest standard) can be op- at least one of the bells during this centen- some of the attackers disguised as erated in Europe. This EU regulation nial year of the Philippines’ declaration of not only violates the Chicago Conven- independence from Spain. President Ramos women, their weapons hidden beneath will be the President’s guest at the White their dresses. Many others smuggled tion (which sets the framework for all House on April 10, 1998. The bells of their weapons into the village hidden bilateral aviation agreements) as it not Balangiga will be one of the principal issues in the coffins of children. Under those only refuses to recognize U.S. air car- on the discussion agenda. circumstances, one must conclude that riers’ air worthiness certificates issued I appreciate the importance of the bells to the bells in question were used to kill. by our Government, it also holds great Wyoming veterans who consider them to be Consequently I feel their use as the economic consequences for U.S. manu- symbols of the supreme sacrifice American subject for a war memorial is wholly facturers and for many airlines. Those soldiers, sailors and airmen often have had which are most vulnerable are small to make far from home. At the same time, appropriate. Filipinos see the bells as representative of a This is especially true in light of the airlines and freight operators, which struggle for national independence lasting use for the bells originally intended by have fleets and operations based en- more than five centuries. the Philippine government. As every- tirely on these aircraft. In essence, this Our longstanding ties with the Philippines one conceded last year, the Philippine ruling treats domestic and foreign op- were forged in the intense combat of World government desired the return of these erations differently in violation of the War II by tens of thousands of Americans bells in time for their 100th anniver- non-discrimination principle. The and Filipinos. Growing out of this experience sary of independence. Apparently, United States will not suffer such in- is a relationship, which is closer on a person- these bells do not represent a religious sidious trade practices lightly. I ask to-person level than with any other country in East Asia. The Philippines is a key ally in symbol for the Philippine government unanimous consent that the text of the the Asia Pacific and shares our commitment either. bill be printed in the RECORD. to democratic and free market principles. Most significant of all, however, is There being no objection, the bill was Presidential elections in May of this year the purpose they currently serve. Con- ordered to be printed in the RECORD, as will re-enforce the democratic traditions and trary to the assumptions of many, they follows:

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 February 10, 1999 CONGRESSIONAL RECORD—SENATE 2181 S. 405 Sigificantly reduced the turn-around a month. This sensible limit on hand- Be it enacted by the Senate and House of Rep- time between billing and the receipt of gun purchases should substantially re- resentatives of the United States of America in payment for Medicare and Medicaid duce gun running, while not creating Congress assembled, services: and, an unreasonable obstacle to legitimate SECTION 1. COMMERCIAL OPERATION OF SUPER- Increased the administrative effi- sportsmen and collectors. Under the SONIC TRANSPORT CATEGORY AIR- CRAFT. ciency of the participating health fa- law, individuals would still be able to The Secretary of Transportation shall pro- cilities by empowering them to track purchase up to twelve handguns per hibit the commercial operation of civil su- their own Medicare and Medicaid bil- year and hundreds of weapons during a personic transport category aircraft to or lings and collections. lifetime. It is hard to imagine why any- from an airport in the United States— In her letter, Secretary Shalala also one would need more handguns. (1) if the Secretary determines that the mentions that the Southeast Alaska Last year, I introduced similar legis- European Union has adopted Common Posi- lation. In order to make my colleagues tion (EC) No. 66/98 as a final regulation, un- Regional Health Corporation has been less able to make ‘‘great strides in upgrad- more aware of the deadly problem of (2) the Secretary also determines that such ing the health facilities’’ as a result of gun trafficking, I sponsored a forum on aircraft comply with Stage 3 noise levels.∑ increased collections brought on by its the issue. The testimony I heard at the participation in the demonstration pro- forum has made me even more deter- By Mr. MURKOWSKI (for him- gram. mined to pass this legislation and self, Mr. LOTT, Mr. BAUCUS, Mr. In 1998, when the demonstration pro- make it more difficult for gun traf- INHOFE, Mr. COCHRAN, Mr. gram was about to expire, Congress ex- fickers to obtain and sell their deadly CAMPBELL, and Mr. INOUYE): tended it through FY 2001. This exten- merchandise on our streets. S. 406. A bill to amend the Indian The witnesses at the forum included: Health Care Improvement Act to make sion has allowed the participants to continue their direct billing and collec- Philadelphia Mayor Ed Rendell, who is permanent the demonstration program also the chair of the Conference of that allows for direct billing of medi- tion efforts and has provided Congress with additional time to consider Mayor’s Task Force on Gun Violence; care, medicaid, and other third party James and Sarah Brady; Captain R. payors, and to expand the eligibility whether to permanently authorize the program. Lewis Vass of the Virginia State Po- under such program to other tribes and lice, and Captain Thomas Bowers of the tribal organizations. It is time to recognize the benefits of the demonstration program by enact- Maryland State Police. ALASKA NATIVE AND AMERICAN INDIAN DIRECT We also heard from a panel of youth ing legislation that would permanently REIMBURSEMENT ACT OF 1999 from right here in our nation’s capital ∑ Mr. MURKOWSKI. Mr. President, authorize it and expand it to other eli- ∑ who live with gun violence every day in today I rise on behalf of myself and the gible tribal participants. their communities. And what they had Majority Leader Mr. LOTT, Senator By Mr. LAUTENBERG (for him- to say was terrifying. Guns were an ev- BAUCUS, Senator COCHRAN, Senator eryday part of their lives. For these self, Mr. TORRICELLI, Mr. SCHU- INHOFE, Senator CAMPBELL, and Sen- kids, D.C. does not stand for District of MER, Mrs. FEINSTEIN, Mr. ROBB, ator INOUYE, to introduce legislation to Columbia. It stands for Dodge City. Mr. SARBANES, Mr. KENNEDY, permanently authorize and expand the These young people told us that guns Mr. KERRY, and Ms. MIKULSKI): Medicare and Medicaid direct collec- are easy to get in their neighborhoods S. 407. A bill a reduce gun trafficking tions demonstration program under and schools. They call it getting by prohibiting bulk purchases of hand- section 405 of the Indian Health Care strapped. And if you do not get Improvement Act. guns; to the Committee on the Judici- strapped you might not make it This Act will end much of the red ary. through the day, they said. tape and bureauracy for IHS facilities f One young woman put it eloquently: involved with Medicare and Medicaid THE STOP GUN TRAFFICKING ACT ‘‘It’s not fair,’’ she said. ‘‘Other kids reimbursement, and will mean more ∑ get to go to college. We get to go to fu- Medicaid and Medicare dollars to Na- Mr. LAUTENBERG. Mr. President, I nerals. These people who sell guns are tive health facilities to use for improv- rise to introduce legislation that will the real predators. They feed off our ing health care. reduce the murder and mayhem on our pain.’’ Our bill will allow Native hospitals streets by making it harder for crimi- We must shut these predators down. to collect Medicare and Medicaid fund nals to run guns between states. I am And we can shut these predators directly from the Health Care Financ- pleased to be joined in this effort by down by passing this legislation. We ing Administration instead of having Senators TORRICELLI, SCHUMER, FEIN- know this approach works because to go through the maze of regulations STEIN, ROBB, SARBANES, KENNEDY, three states—Virginia, Maryland, mandated by IHS. KERRY, and MIKULSKI. South Carolina—have passed one-gun-a This bill is an expansion of a current Gun traffickers continue to supply an month laws and the results have been demonstration project that includes illegal gun market by buying large dramatic. Gun-trafficking from these Bristol Bay Health Corporation of quantities of guns in states with lax states has plunged. Dillingham, Alaska: the Southeast gun laws and then reselling them on At the forum, officers from the Vir- Alaska Regional Health Corporation of the streets—often in cities and states ginia State Police testified that after Sitka, Alaska; the Mississippi Choctaw with strict gun laws. If these traf- Virginia passed its one-handgun-a- Health Center of Philadelphia, Mis- fickers cannot legally buy a gun them- month limit in 1993, the number of sissippi: and the Choctaw Tribe of Dur- selves, or if they do not want to have crime guns traced back to Virginia ant, Oklahoma. All of the participants their name turn up if the gun is later from the Northeast dropped by nearly in the demonstration program—as well found at a crime scene, they find oth- 40 percent. Prior to one-gun-a-month, as the Department of Health and ers to make the purchases for them. Virginia had been among the leading Human Service and the Indian Health The trafficker pays a straw purchaser, suppliers of weapons to the so-called Services report that the program is a in money or drugs, to buy 25, 50 or ‘‘Iron Pipeline’’ that feed the arms race great success. HHS Secretary Donna more handguns at a time. The traf- on the streets of Northeastern cities. Shalala stated in a letter to Senator ficker then resells the guns to those Furthermore, in 1995, the Virginia JOHN MCCAIN on July 23, 1996, that the who otherwise could not buy them— Crime Commission conducted a com- program has: such as convicted felons, drug addicts, prehensive study of the one-handgun-a- Dramatically increased collections or children. month limit to determine if the law for Medicare and Medicaid services, The Stop Gun Trafficking Act would had achieved its purpose. That study which in turn has provided badly-need- prohibit any person from purchasing, found, and I quote, ‘‘Virginia’s one- ed revenues for Indian and Alaska Na- and any licensed dealer from selling to gun-a-month statute . . . has had its in- tive health care: an individual, more than one handgun tended effect of reducing Virginia’s

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 2182 CONGRESSIONAL RECORD—SENATE February 10, 1999 status as a source state for gun traf- purchased a handgun during the 30-day pe- The PRIME Act will help entre- ficking.’’ riod ending on the date of the sale. preneurs close the gap between worth- Maryland and South Carolina wit- ‘‘(2) TIME LIMITATION.—It shall be unlawful while ideas and successful businesses. nessed similar results. In South Caro- for any individual who is not licensed under It will provide $105 million over the section 923 to purchase 2 or more handguns lina, according to the same Crime during any 30-day period. next four years to build skills in record Commission report: ‘‘Prior to the pas- ‘‘(3) EXCHANGES.—Paragraph (1) does not keeping, planning, management, mar- sage of the one-gun-a-month law, apply to an exchange of 1 handgun for 1 keting, and computer technology, and South Carolina was a leading source handgun.’’. other basic business practices. state for guns traced to New York City, (b) PENALTIES.—Section 924(a)(2) of title 18, The Community Development Finan- accounting for 39% of guns recovered in United States Code, is amended by striking cial Institutions Fund in the Treasury criminal investigations. Following the ‘‘or (o)’’ and inserting ‘‘(o), or (z)’’. Department is now the lead federal SEC. 3. INCREASED PENALTIES FOR MAKING implementation of the law, South KNOWINGLY FALSE STATEMENTS IN agency for micro-enterprise activities Carolina virtually dropped off of the CONNECTION WITH FIREARMS. across the country, and the PRIME Act statistical list of source states for fire- Section 924(a)(3) of title 18, United States will enhance these efforts in several arms trafficked to the northeast.’’ Code, is amended by striking ‘‘one year’’ and specific ways: Maryland—the most recent state to inserting ‘‘5 years’’. It will provide grants for micro-en- pass a limit on handgun purchases— SEC. 4. DEADLINES FOR DESTRUCTION OF terprise organizations across the coun- RECORDS RELATED TO CERTAIN passed its law in 1996 and has already FIREARMS TRANSFERS. try that assist disadvantaged and low- seen the benefits. According to testi- (a) HANDGUN TRANSFERS SUBJECT TO THE income entrepreneurs and provide mony from the Maryland State Police: WAITING PERIOD.—Section 922(s)(6)(B)(i) of them with essential training and edu- ‘‘In 1991 Maryland was nationally title 18, United States Code, is amended by cation. ranked second in terms of suppliers of striking ‘‘20 business days’’ and inserting ‘‘35 It will encourage the development of crime guns to the City of New York. By calendar days’’. new micro-enterprise organizations, 1997, one year after the passage of (b) FIREARMS TRANSFERS SUBJECT TO IN- and expand existing ones to reach more STANT CHECK.—Section 922(t)(2)(C) of title 18, Maryland’s one gun a month law, United States Code, is amended by inserting entrepreneurs. Maryland moved out of the top ten sup- ‘‘not later than 35 calendar days after the It will enhance research on innova- pliers of crime guns to New York date the system provides the licensee with tive and successful ways of encour- City.’’ the number,’’ before ‘‘destroy’’. aging these new businesses and ena- So limits on gun sales are working in SEC. 5. REVISED DEFINITION. bling them to succeed. some regions. But we need a national Section 921(a)(21)(C) of title 18, United Under the Act, between $15 and $35 law to prevent criminals from simply States Code, is amended by inserting ‘‘, ex- million in grants will be available each moving their operations from state-to- cept that such term shall include any person year to organizations that work with state. who transfers more than 1 handgun in any entrepreneurs. The President’s fiscal 30-day period to a person who is not a li- Poll after poll shows that Americans, censed dealer’’ before the semicolon.∑ year 2000 budget proposes $15 million including gun-owning Americans, want for the program. Local groups will le- tougher controls on guns. A 1996 Uni- By Mr. KENNEDY (for himself, verage these funds with their own pub- versity of Chicago study found that 80 Mr. DOMENICI, Mr. REID, Mr. lic and private resources to increase percent of those polled support legisla- GRASSLEY, Mr. ABRAHAM, Mr. the overall assistance that will be tion limiting handgun sales to one a ROBB, Ms. COLLINS, Mrs. BOXER, available. month. Mr. SANTORUM, Mr. SARBANES, Massachusetts and New Mexico are I urge my colleagues to listen to the and Ms. SNOWE): already leaders in this effort. The busi- American people: stop turning a blind S. 409. A bill to authorize qualified ness communities and local banks in eye to the daily destruction caused by organizations to provide technical as- our states have made significant in- guns in America. I urge my colleagues sistance and capacity building services vestments in creating loan capital for to have the will to do something to to microenterprise development orga- micro-entrepreneurs to start their own help the youth of America live without nizations and programs and to dis- businesses. Non-profit organizations the sound of gunshots in their lives. I advantaged entrepreneurs using funds working with micro-entrepreneurs on ask my colleagues to support this com- from the Community Development Fi- this effort have worked closely with us mon sense approach to keep handguns nancial Institutions Fund, and for on this legislation. We look forward to out of the hands of criminals. other purposes; to the Committee on working with them and with other Mr. President, I ask unanimous con- Banking, Housing, and Urban Affairs. members of Congress to give micro-en- sent that a copy of the bill be printed THE PROGRAM FOR INVESTMENT IN MICRO- trepreneurs across the country the in the RECORD. ENTREPRENUERS ‘‘PRIME’’ ACT OF 1999 greater opportunity they deserve to re- There being no objection, the bill was ∑ Mr. KENNEDY. Mr. President, it is a alize their potential. ordered to be printed in the RECORD, as privilege to join with Senator DOMENICI By investing in micro-entrepreneurs, follows: in introducing the PRIME Act—the we will be harnessing the spirit and S. 407 Program for Investment in Micro-En- ideas of large numbers of Americans Be it enacted by the Senate and House of Rep- trepreneurs. This important idea is and creating new opportunities for self- resentatives of the United States of America in part of President Clinton’s budget for sufficiency. We’ll be creating new Congress assembled, Fiscal Year 2000. It deserves bipartisan small businesses that will strengthen SECTION 1. SHORT TITLE. support and I look forward to working local economies in communities across This Act may be cited as the ‘‘Stop Gun closely with Senator DOMENICI to the country. And that in turn will help Trafficking Act of 1999’’. achieve its passage early this year. to keep our national economy strong SEC. 2. PROHIBITION AGAINST MULTIPLE HAND- The nation’s entrepreneurial spirit is GUN SALES OR PURCHASES. as well. This is worthwhile legislation, (a) PROHIBITION.—Section 922 of title 18, thriving, fueled by the record-breaking and I urge the Senate to approve it.∑ United States Code, is amended by inserting economic growth and prosperity that ∑ Mr. DOMENICI. Mr. President, I am after subsection (y) the following: we currently enjoy. But, many deserv- pleased today to join with Senator ‘‘(z) PROHIBITION AGAINST MULTIPLE HAND- ing entrepreneurs still face unfair chal- KENNEDY and a group of bipartisan co- GUN SALES OR PURCHASES.— lenges that limit their ability to turn sponsors to introduce the ‘‘Program for ‘‘(1) IN GENERAL.—It shall be unlawful for innovative ideas into successful busi- Investment in Micro-Entrepreneurs’’ or any licensed dealer— nesses that create new jobs. They need ‘‘PRIME Act of 1999.’’ ‘‘(A) during any 30-day period, to sell 2 or more handguns to an individual who is not skills and technical training in the Starting one’s own business long has licensed under section 923; or business basics needed to take their been viewed as a realization of the ‘‘(B) to sell a handgun to an individual who ideas to the next level—starting their American dream. Right now, thousands is not licensed under section 923 and who own firms. of creative and hardworking men and

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 February 10, 1999 CONGRESSIONAL RECORD—SENATE 2183 women across the country believe that can recall success stories about busi- S. 246 they have a solid idea for building a ness that began with the inspired idea At the request of Mr. HAGEL, the new business. However, starting a of a single person and eventually grew name of the Senator from Texas (Mrs. small business takes more than a good in to a major global corporation. In HUTCHISON) was added as a cosponsor of idea, hard work, and luck to make it every story, the basic tenacity of a S. 246, a bill to protect private property work—many of these men and women businessman, woman, or family al- rights guaranteed by the fifth amend- need help turning their ideas into a lowed the fledgling business overcome ment to the Constitution by requiring viable business enterprise. initial obstacles and achieve great suc- Federal agencies to prepare private These would-be small and micro en- cess. We have no way of knowing how property taking impact analyses and trepreneurs face overwhelming obsta- many more such success stories will be by allowing expanded access to Federal cles, due in part to the complexity of told in the future. It is guaranteed, courts. local, state, and Federal laws, and the however, that there are thousands of S. 247 difficulty of finding adequate sources such extraordinary entrepreneurs will- At the request of Mr. HATCH, the of capital. Often, they have no experi- ing to provide the ideas and hard labor name of the Senator from California ence dealing with the intricacies of to make it happen, and with a little (Mrs. FEINSTEIN) was added as a co- marketing, feasibility studies, and help, they can realize their dreams. sponsor of S. 247, a bill to amend title bookkeeping practices. Entrepreneurs Senator KENNEDY and I came up with 17, United States Code, to reform the usually need basic technical assist- this concept in legislation we intro- copyright law with respect to satellite ance, training, and mentoring to be duced during the 105th Congress, and I retransmissions of broadcast signals, successful. understand that the President has and for other purposes. Under this bill, grants will be avail- made room for it in his budget this S. 270 able through the Community Develop- year. I am pleased to join Senator KEN- At the request of Mr. WARNER, the ment Financial Institutions Fund, NEDY in cosponsoring the PRIME Act names of the Senator from Idaho (Mr. matched at least 50 percent in non-Fed- again in this Congress. Owning one’s CRAIG) and the Senator from Kentucky eral funds, to help experienced non- own business remains a vital part of (Mr. BUNNING) were added as cospon- profit organizations provide the assist- the American dream. Whatever we can sors of S. 270, a bill to improve pay and ance these new businesses so urgently do to continue this legacy and assist retirement equity for members of the require. Fifty percent of these grants those who want to be self-reliant and Armed Forces, and for other purposes. will be awarded to applicants serving successful entrepreneurs is an invest- S. 331 low-income clients and those serving ment worth making.∑ At the request of Mr. JEFFORDS, the equally both urban and rural areas. f name of the Senator from Vermont From so many case studies and his- (Mr. LEAHY) was added as a cosponsor tories of successful businesses, we ADDITIONAL COSPONSORS of S. 331, a bill to amend the Social Se- know that enthusiastic entrepreneurs S. 4 curity Act to expand the availability of can build and sustain their businesses At the request of Mr. WARNER, the health care coverage for working indi- when they have access to critical train- name of the Senator from Idaho (Mr. viduals with disabilities, to establish a ing and professional technical assist- CRAIG) was added as a cosponsor of S. 4, Ticket to Work and Self-Sufficiency ance at the outset of their endeavor. a bill to improve pay and retirement Program in the Social Security Admin- During the past few years, I have had equity for members of the Armed istration to provide such individuals the pleasure of visiting countless new Forces; and for other purposes. with meaningful opportunities to work, micro-level businesses in my State of S. 98 and for other purposes. S. 368 New Mexico. A great majority of these At the request of Mr. MCCAIN, the businesses received assistance from the names of the Senator from Maine (Ms. At the request of Mr. COCHRAN, the name of the Senator from Alaska (Mr. WESST Corp. organization, now lo- SNOWE) and the Senator from Maryland MURKOWSKI) was added as a cosponsor cated in five different sites throughout (Mr. SARBANES) were added as cospon- our State. This organization provides sors of S. 98, a bill to authorize appro- of S. 368, a bill to authorize the mint- key technical assistance and training, priations for the Surface Transpor- ing and issuance of a commemorative as well as access to low interest revolv- tation Board for fiscal years 1999, 2000, coin in honor of the founding of Biloxi, ing loans. But WESST Corp. also goes a 2001, and 2002, and for other purposes. Mississippi. step further in providing guidance and S. 387 S. 101 information about sound business prac- At the request of Mr. MCCONNELL, At the request of Mr. LUGAR, the tices to ensure that the creative ideas the name of the Senator from Maine name of the Senator from Washington of micro-entrepreneurs become sound (Ms. SNOWE) was added as a cosponsor (Mr. GORTON) was added as a cosponsor business endeavors. of S. 387, a bill to amend the Internal of S. 101, a bill to promote trade in Micro and small businesses are abso- Revenue Code of 1986 to provide an ex- United States agricultural commod- lutely critical components of our na- clusion from gross income for distribu- ities, livestock, and value-added prod- tional economic growth. They often tions from qualified State tuition pro- ucts, and to prepare for future bilateral embody the ingenuity and innovation grams which are used to pay education and multilateral trade negotiations. central to the American spirit. Invest- expenses. ment in the ideas of these enterprising S. 113 SENATE CONCURRENT RESOLUTION 5 Americans has long been recognized as At the request of Mr. SMITH, the At the request of Mr. BROWNBACK, the a worthwhile endeavor. The Small name of the Senator from Mississippi names of the Senator from Connecticut Business Administration, for example, (Mr. COCHRAN) was added as a cospon- (Mr. LIEBERMAN), the Senator from Ne- lends excellent support to entre- sor of S. 113, a bill to increase the vada (Mr. REID), the Senator from Ohio preneurs. The PRIME Act will estab- criminal penalties for assaulting or (Mr. VOINOVICH), the Senator from Lou- lish a complementary program which threatening Federal judges, their fam- isiana (Ms. LANDRIEU), the Senator enables intermediary organizations to ily members, and other public servants, from Illinois (Mr. DURBIN), the Senator serve more micro-level entrepreneurs and for other purposes. from South Dakota (Mr. JOHNSON), and who need specialized and hands-on as- S. 170 the Senator from Colorado (Mr. CAMP- sistance. At the request of Mr. SMITH, the BELL) were added as cosponsors of Sen- This is a good investment for the fu- name of the Senator from Hawaii (Mr. ate Concurrent Resolution 5, a concur- ture, and will be rewarded many times INOUYE) was added as a cosponsor of S. rent resolution expressing congres- over by the creation of businesses that 170, a bill to permit revocation by sional opposition to the unilateral dec- can contribute to the growth of family, members of the clergy of their exemp- laration of a Palestinian state and urg- local and national economies. We all tion from Social Security coverage. ing the President to assert clearly

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 2184 CONGRESSIONAL RECORD—SENATE February 10, 1999 United States opposition to such a uni- 100,000 Canadian hogs being trucked to the NOTICE OF HEARING United States for slaughter each week; and lateral declaration of statehood. COMMITTEE ON ENERGY AND NATURAL Whereas a 37 percent increase in the num- SENATE RESOLUTION 22 RESOURCESS ber of Canadian hogs being exported to the At the request of Mr. CAMPBELL, the United States for slaughter has caused the Mr. THOMAS. Mr. President, I would names of the Senator from North Da- number of live hogs to exceed the 383,000 like to announce for the information of kota (Mr. CONRAD) and the Senator daily slaughter capacity of United States the Senate and the public that an over- from Maine (Ms. SNOWE) were added as plants, depriving domestic pork producers of sight hearing has been scheduled before cosponsors of Senate Resolution 22, a all leverage in bargaining for a fair price: the Subcommittee On National Parks, resolution commemorating and ac- Now, therefore, be it Historic Preservation, and Recreation knowledging the dedication and sac- Resolved by the Senate (the House of Rep- of the Committee on Energy and Nat- rifice made by the men and women who resentatives concurring), ural Resources. The purpose of this have lost their lives serving as law en- SECTION 1. NEED FOR ASSISTANCE FOR PORK hearing is to review the President’s forcement officers. PRODUCERS. proposal fiscal year 2000 Budget for Na- SENATE RESOLUTION 26 tional Park Service programs and oper- It is the sense of Congress that— At the request of Mr. MURKOWSKI, the (1) the President and the Secretary of Agri- ations. name of the Senator from Mississippi culture are commended on their efforts to The hearing will take place on (Mr. LOTT) was added as a cosponsor of assist pork producers in alleviating eco- Wednesday, February 24, 1999, at 2 p.m. Senate Resolution 26, a resolution re- nomic conditions faced by the producers; and in room SD–366 of the Dirksen Senate lating to Taiwan’s Participation in the (2) additional assistance needs to be pro- Office Building in Washington, DC. World Health Organization. vided to pork producers to alleviate the eco- Because of the limited time available nomic conditions. SENATE RESOLUTION 33 for the hearing, witnesses may testify At the request of Mr. MCCAIN, the SEC. 2. FORMS OF ASSISTANCE FOR PORK PRO- by invitation only. However, those name of the Senator from West Vir- DUCERS. wishing to submit written testimony ginia (Mr. BYRD) was added as a co- To alleviate the economic conditions that for the hearing record should send two sponsor of Senate Resolution 33, a reso- are faced by pork producers, it is the sense of copies of their testimony to the Com- lution designating May 1999 as ‘‘Na- Congress that the President should— mittee on Energy and Natural Re- tional Military Appreciation Month.’’ (1) immediately request an emergency sup- sources, United States Senate, SD–364 plemental appropriation to provide funds for Dirksen Senate Office Building, Wash- f providing— ington, DC 20510–6150. SENATE CONCURRENT RESOLU- (A) guarantees of farm ownership loans For further information, please con- TION 8—EXPRESSING THE SENSE under subtitle A of the Consolidated Farm tact Jim O’Toole or Shawn Taylor of OF CONGRESS THAT ASSISTANCE and Rural Development Act (7 U.S.C. 1922 et the committee staff at (202) 224–6969. seq.), and operating loans under subtitle B of SHOULD BE PROVIDED TO PORK f PRODUCERS TO ALLEVIATE ECO- that Act (7 U.S.C. 1941 et seq.), made to pork NOMIC CONDITIONS FACED BY producers; and ADDITIONAL STATEMENTS (B) assistance to pork producers under the THE PRODUCERS interest rate reduction program established Mr. GRASSLEY (for himself and Mr. under section 351 of the Consolidated Farm RURAL HEALTH INFRASTRUCTURE KERREY) submitted the following reso- and Rural Development Act (7 U.S.C. 1999) ∑ and other provisions of that Act that author- Mr. FRIST. Mr. President, the Na- lution; which was referred to the Com- tion’s rural health infrastructure is mittee on Agriculture, Nutrition, and ize the Secretary of Agriculture to reduce or subsidize the interest rate paid by pork pro- facing immense pressures. Changes in Forestry: ducers; the private market, Medicare, Med- S. CON. RES. 8 (2) prepare and submit to Congress a report icaid, and costs of new technologies, Whereas the price for domestic live hogs that analyzes the feasibility and cost of im- treatments and education are squeez- has declined by 72 percent since July 1997; plementing, not later than 30 days after en- ing many providers out of rural areas. Whereas on December 12, 1998, the price of actment, a program to provide disaster as- The President’s budget shows a sur- domestic live hogs decreased to below $10 per sistance to pork producers, including assist- hundredweight for the first time since 1955; ance in the form of— prising lack of sensitivity to the crit- Whereas pork producers are losing between (A) economic assistance; ical realities in these underserved $55 and $70 on each hog the producers sell; (B) an expanded loan and debt restruc- areas. Whereas, adjusted for inflation, prices paid turing program; and First, the President would cut reim- to pork producers for live hogs have not been (C) compensation for lost markets as a re- bursement to hospitals an additional $9 this low since the Great Depression; sult of increased pork imports; billion over the next five years. This Whereas based on estimates made by the (3) continue to facilitate the donation and comes before most providers have had Secretary of Agriculture, pork producers are distribution of pork and pork products for time to absorb the full impact of the losing approximately $144,000,000 in equity humanitarian purposes; Balanced Budget Act. Rural hospitals per week and lost more than $2,500,000,000 in (4) work with the Canadian Government to equity during 1998; address the many problems that contribute have lower patient volumes than urban Whereas low prices for hogs are threat- to the increased export of pork and pork hospitals, and they serve populations ening the livelihood of tens of thousands of products into the United States; with a larger proportion of seniors, on farm families and the very existence of sup- (5) take appropriate steps to encourage in- average, than urban populations. In ad- pliers, equipment dealers, and main street creased use and expansion of the domestic dition, nearly 20% of rural individuals businesses in rural communities across the slaughter capacity for hogs; don’t carry health insurance. The bur- United States; (6) direct the Secretary of Agriculture, the den this imposes on rural providers is Whereas the domestic demand for pork in- Attorney General, and the Secretary of Com- intensified by the President’s reduction creased by up to 7.1 percent during 1998 de- merce to investigate noncompetitive and spite average retail prices for pork remain- antitrust practices in the pork industry; of bad debt payments to hospitals by ing roughly the same; (7) direct the Secretary of Agriculture to 10%. Whereas despite the loss of markets in improve price reporting in the domestic live- Congress has begun to address these Asia and Russia, pork exports from the stock industry to ensure fair, open, and com- problems, and late last year, we pro- United States during 1998 increased by 28 petitive markets; and vided $25 million for state implementa- percent; (8) immediately implement the loan guar- tion of the Rural Hospital Flexibility Whereas a primary cause of these increased antee paperwork reduction regulation of the Program. This program creates cost- pork exports is increased pork supply inten- Secretary of Agriculture that will allow pork based reimbursement for Critical Ac- sified by an increase of pork imports from producers and lenders to use existing lender Canada and a reduction in domestic slaugh- documents, rather than creating new docu- cess Hospitals. The money will help ter capacity for hogs; ments, when applying for loan guarantees states develop and implement a rural Whereas the slaughter plant bottleneck for under the Consolidated Farm and Rural De- health plan, develop networks, des- hogs has been exacerbated by approximately velopment Act (7 U.S.C. 1921 et seq.). ignate Critical Access Hospitals, and to

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 February 10, 1999 CONGRESSIONAL RECORD—SENATE 2185 improve rural emergency medical serv- Yet, the President wants to eliminate in Hamtramck and throughout Metro ices. it. Detroit, we are all a little bit Polish. I I must point out that people in rural [Last year’s request = $77 million ($80 look forward to celebrating my own areas don’t have many choices of million appropriated)] ‘‘Polish heritage’’ with the people of health providers. Thirty-seven states COMMUNITY-BASED LINKAGES: Hamtramck on Paczki Day this year.∑ have less than 1% enrollment in Medi- Today, $54 million is spent to develop f care risk plans. Often one hospital will and support health professional train- serve the needs of many communities 100TH BIRTHDAY OF ELISE ing programs that link community pro- KIRKLAND YARDLEY interspersed through very large re- viders with academic institutions. gions. We must take great care to sup- President Clinton suggests a $17 mil- ∑ Mr. THURMOND. Mr. President, I port, rather than destroy, the rural lion (30%) reduction. rise today to recognize Mrs. Elise health infrastructure. We may need to This funding supports: Kirkland Yardley, a daughter of South reexamine the payment rates to hos- Area Health Education Centers Carolina, on the occasion of her 100th pitals, but let us do so with good data, (AHECs)—support health care in under- birthday. I wish her many more happy and an awareness of the special needs served rural and urban areas, including birthdays. of rural safety net providers. recruitment and support to help rural Mrs. Yardley was born in Camden, In addition, HCFA has not yet ade- communities retain health profes- South Carolina on February 16, 1899, in quately educated beneficiaries or re- sionals. the historic Camden home known as solved the regulatory payment issues Education and Training Relating to Cool Springs. She was one of nine chil- surrounding Medicare private plan op- Geriatrics—Congress established this dren born of Thomas and Fredricka portunities in rural areas. We in Con- program to ensure that our health pro- Kirkland, and she is the last surviving gress must continue to monitor the de- fessionals are trained to meet the member of her immediate family. The velopments in Medicare+Choice, and needs of seniors. With the aging of the Kirkland family has South Carolina make the most of opportunities to in- baby boom generation, the number of roots that stretch back to before the crease the quality and choice of health seniors will double over the next 40 Revolutionary War, and it has pro- care for rural Americans. years. duced many fine public servants and The Administration also ignored Rural Interdisciplinary Training citizens. Notably among them are Lane calls for an increased investment in Grants—supports projects to train, re- Kirkland, Mrs. Yardley’s nephew and important programs such as the Na- cruit and retain health care practi- the former President of the AFL–CIO. tional Health Service Corps, and Rural tioners in rural areas. After her childhood in Camden, Mrs. Health and Telehealth—flatlining their [Last year’s request = $51 million, $54 Yardley attended Winthrop College in funding. The Office of Management and million appropriated, fy’00 request = Rock Hill, South Carolina, where she Budget also refused a request from the $37 million] graduated in 1919 with a degree in rural health caucus to appropriate ad- I’m disappointed that such important teaching. She moved back to Camden ditional demonstration grant funding rural programs failed to receive ade- and met Sherborne Yardley, the man for the development of emergency med- quate funding under the President’s who would become her husband of more ical services networks. budget proposal. It appears that the than 50 years. The Yardleys eventually At a time when the U.S. needs to pre- Administration would do well to reex- settled in Birmingham Alabama, where pare itself for emergency response to amine their commitment to a viable Mr. Yardley worked for Republic Steel public health threats, including bioter- rural health infrastructure, and I urge and Mrs. Yardley ran the household. rorism and identifying and tracking my colleagues to renew their efforts to Mr. Yardley passed away in 1978. emerging threats such as antimicrobial protect vulnerable Americans in rural The Yardleys have three children: resistance, President Clinton proposes areas.∑ Thomas, an investment banker, John, to eliminate the health professions f a clinical pathologist, and Elizabeth, a education programs intended to in- homemaker. The family has grown to crease the number of individuals in the IN RECOGNITION OF PACZKI DAY include eight grandchildren and 16 public health workforce. These pro- ∑ Mr. LEVIN. Mr. President, I rise great-grandchildren. I am assured that grams include support for retraining today to call my colleagues’ attention Mrs. Yardley continues to serve as the existing public health workers, as well to one of the most eagerly anticipated presiding officer over the entire brood. as increasing the supply of new practi- holidays each year in my home state of Mrs. Yardley still resides in Bir- tioners to address priority public Michigan, Paczki Day. mingham, although she returns regu- health needs. The day before Lent is known in larly to Camden, where her entire fam- As Chairman on the Subcommittee other parts of the country as Fat Tues- ily will gather in a few days to cele- on Public Health, I was especially dis- day or Mardi Gras, but in Metro De- brate her 100th birthday. When they turbed to find that the President pro- troit and in other Michigan commu- come together, her family will not only poses to eliminate programs directed nities we celebrate Paczki Day. be observing Mrs. Yardley’s centennial, at training primary care physicians Paczkis, which are similar to jelly- but also honoring a lively, beautiful, and dentists with an emphasis of prac- filled doughnuts, were introduced to and determined woman. They have ticing in rural areas. The President Metro Detroit by new immigrants from much to celebrate. signed my bill reauthorizing these im- Poland who settled in the city of Ham- As we pause briefly today to cele- portant programs less than three tramck, Michigan. Today, thanks to brate her long life, we do well to look months ago. the people of Hamtramck, Michigan is back on what Mrs. Yardley has seen. Currently $80 million is spent to as- the paczki capital of the United States, She grew up in the rural South before sist medical and dental schools in de- with several million dozen paczkis sold that area had electrification. She has veloping programs to train family phy- every year. The Detroit Free Press re- seen Halley’s Comet pass this planet sicians, general internists, physician ported that in 1993, paczki sales totaled twice, watching it the first time in assistants, general dentists and pedi- $7 to $8 million, which, as the Free 1910, when her father gathered the fam- atric dentists. Press reported, was ‘‘. . .not bad for a ily on their porch to marvel at the There is a demonstrated imbalance one-day holiday with a three-day sell- sight. She was alive to witness the in- between primary care providers and ing period.’’ vention of the airplane, the auto- specialists. The key to correcting this Paczki Day is a little like St. Pat- mobile, the computer, and space travel. imbalance is to provide appropriate in- rick’s Day. It is said that on St. Pat- Her husband served in the Navy during centives at the medical school level to rick’s Day, everyone is a little bit Irish the First World War, and her sons introduce more students to primary no matter what their family’s back- served in the military during the Sec- care settings during their training. ground actually is. Well, on Paczki Day ond World War. Her grandfather died in

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 2186 CONGRESSIONAL RECORD—SENATE February 10, 1999 the Civil War. She saw the end of the and ethnic origins. It is the human now in its 34th season, is a regional and 19th century, the whole of the 20th cen- rights of all mankind that underpins national treasure, having presented tury, and will doubtlessly be around to the dignity and humanity of all people Luciano Pavarotti’s American recital experience the new millennium. and a worthy goal to which we must all debut in 1973. Each year, the Fine Arts I am pleased to rise today to honor continue to aspire. Program brings to Kansas City venues this charming and accomplished Mr. President, I ask that you join me internationally acclaimed orchestras, woman. It seems fitting that I do so and our colleagues in recognizing and ensembles, dance troupes, plays, musi- not only as the senior senator from her honoring Turner Broadcasting and cals, and individual performers. home state, but also as the one Mem- MediaOne on many years of worthwhile International programs in England, ber of this body who qualifies as Mrs. work and achievements which have Japan, Australia, India and Ecuador Yardley’s peer. Mrs. Yardley and I both culminated with their most recent col- give students the opportunity to travel know the many rewards of a long and laborative educational project on be- widely and study at some of the world’s healthy life. I wish her continued good half of the many students of the At- great centers of learning. The recently health and prosperity.∑ lanta area in honor of Black History endowed Pryor Leadership Studies pro- f Month.∑ gram is a unique curriculum of course work, activities and lectures which ac- TRIBUTE TO TURNER BROAD- f tively promote personal, vocational CASTING SYSTEM AND TRIBUTE TO WILLIAM JEWELL and civic leadership development. And MEDIAONE COLLEGE ON ITS SESQUICENTEN- a Service Learning certificate pro- NIAL CELEBRATION ∑ Mr. CLELAND. Mr. President, I rise gram, sustained by its own endowment, today to commend and congratulate ∑ Mr. BOND. Mr. President, February encourages formal involvement in com- Turner Broadcasting System, Inc. and 27 is the 150th anniversary of the found- munity service activities, along with MediaOne cable company for spon- ing of William Jewell College, a small national and international outreach, soring a special educational event for liberal arts college in Liberty, Mis- and mission trips. students in the metropolitan Atlanta souri, and one of the oldest four-year It is a credit to her faculty, adminis- area commemorating Black History colleges west of the Mississippi River. tration, board, alumni, and students Month. William Jewell’s reputation is far that William Jewell has been able to In recognition of Black History larger than its size. Because of the maintain high academic standards Month, Turner Broadcasting System, quality of its academic programs and through the years, and to serve so well Inc., a Time-Warner company, and facilities, and the breadth of its stu- the Kansas City community, the State MediaOne cable company are hosting a dent and public service activities, of Missouri, and the entire nation. special educational event on Wednes- Jewell is recognized as a preeminent I offer the entire William Jewell day, February 10, 1999 at the ‘‘Magic’’ liberal arts college in the Midwest. community a heartfelt congratulations Johnson Theater in Atlanta, Georgia. Jewell is classified among the nation’s on their first 150 years!∑ This event will serve as a venue to top 162 liberal arts colleges by the Car- f screen Turner Network’s Original film, negie Foundation for the Advancement ‘‘Passing Glory,’’ and engage students of Teaching. Jewell has been recog- MARTIN LUTHER KING, JR., in after-viewing discussion. nized in the prestigious ‘‘National Lib- RECOGNITION ACT Inspired by a true story about two eral Arts’’ category in the ‘‘America’s ∑ Mr. ABRAHAM. Mr. President, I rise undefeated high school basketball Best Colleges’’ edition of U.S. News & in support of the Dr. Martin Luther teams in segregation-era Louisiana, World Report. King, Jr. Day Recognition Act of 1999. ‘‘Passing Glory,’’ is a powerful study Affiliated with the Baptist church This legislation will correct an unfor- about the discovery of mutual respect since its founding, the college places a tunate oversight that has left the fed- which crosses racial boundaries. Father strong emphasis on Christian values, eral holiday recognizing our great civil Joseph Verrett ignites the sparks of character development, and public rights leader without the full ceremo- the Civil Rights movement in New Or- service. Jewell is listed regularly in nial status it deserves. This is an injus- leans when he organizes a game be- the Templeton Foundation’s Honor tice to a great leader and one I hope tween his own undefeated African Roll of Character-Building Colleges. the Senate will act to correct as soon American team and an undefeated prep The institution has awarded more as possible. school team from a white community. than 14,000 baccalaureate degrees since Mr. President, federal holidays cele- Along with his star player, he must its founding. While most of its students brating the birthdays of great Ameri- overcome the fears and prejudices of are from Missouri, the school attracts cans have traditionally included the city’s residents, both black and students from nearly half of the 50 celebratory signs of respect. In par- white, to forever change the estab- states and more than a dozen foreign ticular, they have been on the list of lished social order. countries. days on which the American flag Turner Broadcasting and MediaOne Alumni accomplishments at the should be flown nationwide. Yet, across are sponsoring this local educational highest levels of business, industry, this country, in the schools and on the event during Black History Month to government and the professions figure streets that bear the name of Martin offer students the opportunity to dis- prominently in maintaining Jewell’s Luther King, Jr., that flag has not been cuss the themes of the film, such as reputation as a preeminent liberal arts flown to commemorate his holiday. tolerance, teamwork, diversity, and college. And the college is frequently Dr. King, minister, civil rights lead- racism. The forum will provide a venue referred to as the ‘‘Campus of Achieve- er, winner of the Nobel Prize for his for students to question civil rights ex- ment’’ due to the high percentage of nonviolent resistance to segregation, perts and renowned sports figures Jewell students appearing in annual has been recognized around the world about the history of segregation and ‘‘Who’s Who’’ directories. as a pivotal figure in American history the role that sports has played in And, on a personal note, Jewell grad- and in the global struggle for civil bridging the racial divide. uates are certainly overrepresented on rights. He was instrumental in putting This type of forum will motivate stu- my Senate staff in terms of their per- an end to segregation and to putting dents to explore the history of race re- centage of the Missouri population! issues of racial equality and civil lations in this country and encourage While the school has a right to be rights into the forefront of American dialogue which will foster under- proud of its achievements, what sets it public life. standing, the identification of common apart from other colleges are the op- As a nation we have recognized the ground and a genuine commitment to portunities it offers all of its students, importance of Dr. King’s efforts and of afford equal opportunity and civil and the larger Kansas City community. his achievement by instituting celebra- rights for people of all races, religions William Jewell’s Fine Arts Program, tion of a federal holiday in his honor.

VerDate Aug 04 2004 11:18 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR99\S10FE9.000 S10FE9 February 10, 1999 CONGRESSIONAL RECORD—SENATE 2187 It is time to complete that recognition until such time as all Members who so desire staff of the Committee to make necessary by adding Dr. King’s holiday to the list have had an opportunity to question the wit- technical and clerical corrections in the of days on which the American flag ness. measure. (d) The Chairman and ranking Minority should be flown nationwide. SUBCOMMITTEES Member or the ranking Majority and Minor- I urge my colleagues to support this ity Members present at the hearing may Rule 8. (a) The number of Members as- important legislation.∑ each appoint one Committee staff member to signed to each Subcommittee and the divi- f question each witness. Such staff member sion between Majority and Minority Mem- may question the witness only after all bers shall be fixed by the Chairman in con- RULES OF THE COMMITTEE ON Members present have completed their ques- sultation with the ranking Minority Mem- ENERGY AND NATURAL RE- tioning of the witness or at such other time ber. SOURCES as the Chairman and the ranking Majority (b) Assignment of Members to Subcommit- ∑ Mr. MURKOWSKI. Mr. President, in and Minority Members present may agree. tees shall, insofar as possible, reflect the accordance with rule XXVI, paragraph BUSINESS MEETING AGENDA preferences of the Members. No Member will 2, of the Standing Rules of the Senate, Rule 5. (a) A legislative measure or subject receive assignment to a second Sub- committee until, in order of seniority, all I hereby submit for publication in the shall be included on the agenda of the next following business meeting of the full Com- Members of the Committee have chosen as- CONGRESSIONAL RECORD, the Rules of signments to one Subcommittee, and no the Committee on Energy and Natural mittee or any Subcommittee if a written re- quest for such inclusion has been filed with Member shall receive assignment to a third Resources. the Chairman of the Committee or Sub- Subcommittee until, in order of seniority, RULES OF THE SENATE COMMITTEE ON ENERGY committee at least one week prior to such all Members have chosen assignments to two AND NATURAL RESOURCES meeting. Nothing in this rule shall be con- Subcommittees. (c) Any Member of the Committee may sit GENERAL RULES strued to limit the authority of the Chair- man of the Committee or Subcommittee to with any Subcommittee during its hearings Rule 1. The Standing Rules of the Senate and business meetings but shall not have the as supplemented by these rules, are adopted include legislative measures or subjects on authority to vote on any matters before the as the rules of the Committee and its Sub- the Committee or Subcommittee agenda in Subcommittee unless he is a Member of such committees. the absence of such request. Subcommittee. (b) The agenda for any business meeting of SWORN TESTIMONY AND FINANCIAL STATEMENTS MEETINGS OF THE COMMITTEE the Committee or any Subcommittee shall Rule 2. (a) The Committee shall meet on be provided to each Member and made avail- Rule 9. Witnesses in Committee or Subcommottee hearings may be required to the third Wednesday of each month while the able to the public at least three days prior to Congress is in session for the purpose of con- give testimony under oath whenever the such meeting, and no new items may be Chairman or ranking Minority Member of ducting business, unless, for the convenience added after the agenda is so published except the Committee or Subcommittee deems such of Members, the Chairman shall set some by the approval of a majority of the Mem- to be necessary. At any hearing to confirm a other day for a meeting. Additional meetings bers of the Committee or Subcommittee. The Presidential nomination, the testimony of may be called by the Chairman as he may Staff Director shall promptly notify absent the nominee and at the request of any Mem- deem necessary. Members of any action taken by the Com- ber, any other witness shall be under oath. Every nominee shall submit a statement of (b) Business meetings of any Sub- mittee or any Subcommittee on matters not committee may be called by the Chairman of his financial interests, including those of his included on the published agenda. spouse, his minor children, and other mem- such Subcommittee, Provided, That no Sub- QUORUMS bers of his immediate household, on a form committee meeting or hearing other than a Rule 6. (a) Except as provided in sub- approved by the Committee, which shall be field hearing, shall be scheduled or held con- sworn to by the nominee as to its complete- currently with a full Committee meeting or sections (b), (c), and (d), seven Members shall ness and accuracy. A statement of every hearing, unless a majority of the Committee constitute a quorum for the conduct of busi- nominee’s financial interest shall be made concurs in such concurrent meeting or hear- ness of the Committee. public on a form approved by the Committee, ing. (b) No measure or matter shall be ordered unless the Committee in executive session reported from the Committee unless eleven determines that special circumstances re- OPEN HEARINGS AND MEETINGS Members of the Committee are actually quire a full or partial exception to this rule. Rule 3. (a) Hearings and business meetings present at the time such action is taken. Members of the Committee are urged to of the Committee or any Subcommittee shall make public a statement of their financial (c) Except as provided in subsection (d), interests in the form required in the case of be open to the public except when the Com- one-third of the Subcommittee Members Presidential nominees under this rule. mittee or such Subcommittee by majority shall constitute a quorum for the conduct of CONFIDENTIAL TESTIMONY vote orders a closed hearing or meeting. business of any Subcommittee. (b) A transcript shall be kept of each hear- (d) One Member shall constitute a quorum Rule 10. No confidential testimony taken ing of the Committee or any Subcommittee. for the purpose of conducting a hearing or by or confidential material presented to the (c) A transcript shall be kept of each busi- taking testimony on any measure or matter Committee or any Subcommittee, or any re- ness meeting of the Committee or any Sub- port of the proceedings of a closed Com- before the Committee or any Subcommittee. mittee or Subcommittee hearing or business committee unless a majority of the Com- VOTING meeting, shall be made public, in whole or in mittee or Subcommittee involved agrees Rule 7. (a) A rollcall of the Members shall part or by way of summary, unless author- that some other form of permanent record is ized by a majority of the Members of the be taken upon the request of any Member. preferable. Committee at a business meeting called for Any Member who does not vote on any roll- the purpose of making such a determination. HEARING PROCEDURE call at the time the roll is called, may vote DEFAMATORY STATEMENTS Rule 4. (a) Public notice shall be given of (in person or by proxy) on that rollcall at the date, place, and subject matter of any any later time during the same business Rule 11. Any person whose name is men- hearing to be held by the Committee or any meeting. tioned or who is specifically identified in, or Subcommittee at least one week in advance (b) Proxy voting shall be permitted on all who believes that testimony or other evi- dence presented at, an open Committee or of such hearing unless the Chairman of the matters, except that proxies may not be Subcommittee hearing tends to defame him full Committee or the Subcommittee in- counted for the purpose of determining the or otherwise adversely affect his reputation volved determines that the hearing is non- presence of a quorum. Unless further limited, may file with the Committee for its consid- controversial or that special circumstances a proxy shall be exercised only upon the date eration and action a sworn statement of require expedited procedures and a majority for which it is given and upon the items pub- facts relevant to such testimony or evidence. of the Committee or the Subcommittee in- lished in the agenda for that date. BROADCASTING OF HEARINGS OR MEETINGS volved concurs. In no case shall a hearing be (c) Each Committee report shall set forth Rule 12. Any meeting or hearing by the conducted with less than twenty-four hours the vote on the motion to report the meas- Committee or any Subcommittee which is notice. ure or matter involved. Unless the Com- open to the public may be covered in whole (b) Each witness who is to appear before mittee directs otherwise, the report will not or in part by television broadcast, radio the Committee or any Subcommittee shall set out any votes on amendments offered broadcast, or still photography. Photog- file with the Committee or Subcommittee, during Committee consideration. Any Mem- raphers and reporters using mechanical re- at least 24 hours in advance of the hearing, a ber who did not vote on any rollcall shall cording, filming, or broadcasting devices shall position their equipment so as not to written statement of his or her testimony in have the opportunity to have his position re- interfere with the seating, vision, and hear- as many copies as the Chairman of the Com- corded in the appropriate Committee record ing of Members and staff on the dais or with mittee or Subcommittee prescribes. or Committee report. the orderly process of the meeting or hear- (c) Each member shall be limited to five (d) The Committee vote to report a meas- ing. minutes in the questioning of any witness ure to the Senate shall also authorize the

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AMENDING THE RULES at that time and place. Immediately upon mittee a written statement of the prepared Rule 13. These rules may be amended only the filing of such notice, the Clerk of the testimony at least two business days in ad- by vote of a majority of all the Members of Committee shall notify all Committee Mem- vance of the hearing at which the witness is the Committee in a business meeting of the bers that such special meeting will be held to appear unless this requirement is waived Committee: Provided, That no vote may be and inform them of its date, hour and place. by the Chairman and the Ranking Minority If the Chairman is not present at any reg- Member. taken on any proposed amendment unless ular, additional or special meeting, the such amendment is reproduced in full in the (c) Witnesses may be subpoenaed by the Ranking Majority Member present shall pre- Chairman with the agreement of the Rank- Committee agenda for such meeting at least side. three days in advance of such meeting.∑ ing Minority Member or by consent of a ma- (b)(1) A majority of the Members of the jority of the Members of the Committee. f Committee shall constitute a quorum for re- Such consent may be given informally, with- porting any legislative measure or nomina- out a meeting. Subpoenas shall be issued by RULES OF THE COMMITTEE ON tion. the Chairman or by any Member of the Com- SMALL BUSINESS (2) One-third of the Members of the Com- mittee designated by him. A subpoena for mittee shall constitute a quorum for the the attendance of a witness shall state brief- ∑ Mr. BOND. Mr. President, Senate transaction of routine business, provided ly the purpose of the hearing and the matter Standing Rule XXVI requires each that one Minority Member is present. The or matters to which the witness is expected committee to adopt rules to govern the term ‘‘routine business’’ includes, but is not to testify. A subpoena for the production of limited to, the consideration of legislation memoranda, documents and records shall procedures of the Committee and to pending before the Committee and any identify the papers required to be produced publish those rules in the CONGRES- amendments thereto, and voting on such with as much particularity as is practicable. amendments. 132 Congressional Record § 3231 (d) Any witness summoned to a public or SIONAL RECORD not later than March 1 (daily edition March 21, 1986) of the first year of each Congress. On closed hearing may be accompanied by coun- (3) In hearings, whether in public or closed sel of his own choosing, who shall be per- February 5, 1999, the Committee on session, a quorum for the asking of testi- mitted while the witness is testifying to ad- Small Business held a business meeting mony, including sworn testimony, shall con- vise him of his legal rights. during which the members of the Com- sist of one Member of the Committee. (e) No confidential testimony taken, or (c) Proxies will be permitted in voting mittee unanimously adopted rules to confidential material presented to the Com- upon the business of the Committee by Mem- mittee, or any report of the proceedings of a govern the procedures of the Com- bers who are unable to be present. To be closed hearing, or confidential testimony or mittee. Consistent with Standing Rule valid, proxies must be signed and assign the material submitted voluntarily or pursuant right to vote to one of the Members who will XXVI, today I am submitting for print- to a subpoena, shall be made public, either in be present. Proxies shall in no case be count- whole or in part or by way of summary, un- ing in the CONGRESSIONAL RECORD a ed for establishing a quorum. less authorized by a majority of the Members copy of the Rules of the Senate Com- (d) It shall not be in order for the Com- of the Committee. mittee on Small Business. mittee to consider any amendment in the first degree proposed to any measure under 4. SUBCOMMITTEES The rules follow: consideration by the Committee unless thir- The Committee shall not have standing RULES OF THE COMMITTEE ON SMALL BUSINESS ty written copies of such amendment have subcommittees. been delivered to the office of the Committee (As adopted in executive session February 5, 5. AMENDMENT OF RULES 1999) at least 24 hours prior to the meeting. This subsection may be waived by the Chairman The foregoing rules may be added to, modi- 1. GENERAL or by a majority vote of the members of the fied or amended; provided, however, that not All applicable provisions of the Standing Committee. less than a majority of the entire Member- Rules of the Senate and of the Legislative 3. HEARINGS ship so determine at a regular meeting with Reorganization Act of 1946, as amended, shall due notice, or at a meeting specifically govern the Committee. (a)(1) The Chairman of the Committee may called for that purpose.∑ initiate a hearing of the Committee on his 2. MEETING AND QUORUMS authority or upon his approval of a request f (a) The regular meeting day of the Com- by any Member of the Committee. Written NOMINATIONS mittee shall be the first Wednesday of each notice of all hearings shall be given, as far in advance as practicable, to Members of the Executive nominations received by month unless otherwise directed by the the Senate February 10, 1999: Chairman. All other meetings may be called Committee. by the Chairman as he deems necessary, on (2) Hearings of the Committee shall not be DEPARTMENT OF JUSTICE scheduled outside the District of Columbia 3 days notice where practicable. If at least CARL SCHNEE, OF DELAWARE, TO BE UNITED STATES three Members of the Committee desire the unless specifically authorized by the Chair- ATTORNEY FOR THE DISTRICT OF DELAWARE FOR THE Chairman to call a special meeting, they man and the Ranking Minority Member or TERM OF FOUR YEARS VICE GREGORY M. SLEET, RE- may file in the office of the Committee a by consent of a majority of the Committee. SIGNED. Such consent may be given informally, with- written request therefor, addressed to the DEPARTMENT OF STATE Chairman. Immediately thereafter, the Clerk out a meeting. of the Committee shall notify the Chairman (b)(1) Any Member of the Committee shall RICHARD HOLBROOKE, OF NEW YORK, TO BE THE REP- of such request. If within 3 calendar days be empowered to administer the oath of any RESENTATIVE OF THE UNITED STATES OF AMERICA TO witness testifying as to fact if a quorum be THE UNITED NATIONS WITH THE RANK AND STATUS OF after the filing of such request, the Chair- AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY, man fails to call the requested special meet- present as specified in Rule 2(b). AND THE REPRESENTATIVE OF THE UNITED STATES OF ing, which is to be held within 7 calendar (2) Interrogation of witnesses at hearings AMERICA IN THE SECURITY COUNCIL OF THE UNITED NA- days after the filing of such request, a major- shall be conducted on behalf of the Com- TIONS, VICE BILL RICHARDSON, RESIGNED. ity of the Committee Members may file in mittee by Members of the Committee or RICHARD HOLBROOKE, OF NEW YORK, TO BE A REP- the Office of the Committee their written such Committee staff as is authorized by the RESENTATIVE OF THE UNITED STATES OF AMERICA TO Chairman or Ranking Minority Member. THE SESSIONS OF THE GENERAL ASSEMBLY OF THE notice that a special Committee meeting UNITED NATIONS DURING HIS TENURE OF SERVICE AS will be held, specifying the date, hour and (3) Witnesses appearing before the Com- REPRESENTATIVE OF THE UNITED STATES OF AMERICA place thereof, and the Committee shall meet mittee shall file with the Clerk of the Com- TO THE UNITED NATIONS.

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The House met at 10 a.m. lawsuit for veterans’ health care. Sure- spending more money and raising The Chaplain, Reverend James David ly any recovery under a suit based at taxes. Do Members remember when Ford, D.D., offered the following pray- least in part on the veterans’ medical President Clinton sent U.S. troops to er: system should be used to strengthen Bosnia? He promised, he promised they Let us pray using the words of Isaac that system and improve veterans’ would have a well-defined mission with Watts: care. a clear exit strategy. Three years later O God, our help in ages past, For that reason I am introducing the and more than $20 billion later, about Our hope for years to come, Veterans Tobacco Trust Fund Act of 6,000 U.S. troops are still in Bosnia. Our Our shelter from the stormy blast, 1999, and I urge all my colleagues to be own Secretary of State, Madeleine And our eternal home. cosponsors. This bill would set in place Albright, has called it a mess. Before the hills in order stood a requirement that any tobacco settle- Now the President intends to further Or earth received its frame, ment from the lawsuit also include an scatter U.S. troops into Kosovo as part From everlasting you are God, allocation of funds for veterans’ health To endless years the same. of another peacekeeping mission. It is O God, our help in ages past, care. I hope the executive branch will absolutely imperative that the Presi- Our hope for years to come, support my bill. dent give Congress and the Nation a Still be our guard while troubles last f clear mission and a clear exit strategy And our eternal home! Amen. before committing our troops. Mr. REPUBLICAN BUDGET OUT OF f Speaker, our military forces are ready STEP WITH AMERICA’S NEEDS and willing to defend the interests of THE JOURNAL (Mr. PALLONE asked and was given this great Nation. We cannot under- The SPEAKER. The Chair has exam- permission to address the House for 1 mine their oaths. We must define the ined the Journal of the last day’s pro- minute and to revise and extend his re- mission, the goal, and an exit strategy ceedings and announces to the House marks.) before sending our troops into yet an- his approval thereof. Mr. PALLONE. Mr. Speaker, once other mess. Pursuant to clause 1, rule I, the Jour- again the Republicans are pushing a f nal stands approved. budget plan that is out of step with ANNOUNCEMENT BY THE SPEAKER f what the American people want. The President’s budget calls for using the PRO TEMPORE PLEDGE OF ALLEGIANCE budget surplus to protect Social Secu- The SPEAKER pro tempore (Mr. The SPEAKER. Will the gentleman rity now that times are good. The Re- BRADY). The Members are reminded to from Texas (Mr. SAM JOHNSON) come publican budget, on the other hand, in- address the Chair and not the Presi- forward and lead the House in the cludes yet another stale proposal to dent. Pledge of Allegiance. spend the surplus on tax cuts for the f Mr. SAM JOHNSON of Texas led the wealthy instead of on Social Security. GUN SHOWS Pledge of Allegiance as follows: The New York Times recently noted, I pledge allegiance to the Flag of the and I quote, ‘‘Every poll shows that (Mr. BLAGOJEVICH asked and was United States of America, and to the Repub- Americans would rather preserve So- given permission to address the House lic for which it stands, one nation under God, cial Security and Medicare than enjoy for 1 minute and to revise and extend indivisible, with liberty and justice for all. a big new tax cut, as Republican lead- his remarks.) f ers want. It is also questionable how Mr. BLAGOJEVICH. Mr. Speaker, much political support there will be for there is no evidence that Timothy INTRODUCING THE VETERANS’ a tax cut that disproportionately bene- McVeigh and cult leader David Koresh TOBACCO TRUST FUND ACT fits the wealthiest Americans.’’ ever actually met. But if they had, it is (Mr. STEARNS asked and was given The Washington Post made a similar a good bet it might have been at a gun permission to address the House for 1 observation of the competing budget show. minute and to revise and extend his re- plans. ‘‘On balance,’’ the Post noted, McVeigh financed some of his ter- marks.) ‘‘the President’s budget pushes in the rorist activities by selling at gun Mr. STEARNS. Mr. Speaker, the re- right direction, but,’’ the Post added, shows firearms he stole from an Arkan- cent State of the Union Address recog- ‘‘the broad alternative, which is to con- sas gun collector. It was at gun shows nizes the Nation’s obligation to our sume in the form of a tax cut that that Koresh purchased many of the men and women in uniform, but the ought to be saved for Social Security weapons he later stockpiled at his President was silent about the debt we and Medicare and other public pur- Branch Davidian compound. owe them as veterans. Nevertheless, he poses, is wrong.’’ The Brady bill has stopped over a disclosed a plan in his speech which Let us use the surplus in a manner quarter of a million handgun sales to could affect them. Specifically, he an- that will benefit all Americans, not criminals, but there is a gaping loop- nounced an intention to bring suit just the wealthy. Support the Demo- hole. Background checks are not re- against tobacco product manufacturers crats’ plan. quired at gun shows. Last year there to recover costs incurred by govern- f were nearly 5,000 gun shows in America ment health care programs. where anyone can buy as many fire- Members may not be aware that the KOSOVO arms as they want with no questions VA health care system is spending (Mr. SAM JOHNSON of Texas asked asked. That is how a criminal in Flor- more than $3 billion annually caring and was given permission to address ida with 16 felony convictions pur- for veterans’ smoking-related illnesses. the House for 1 minute and to revise chased firearms and killed four people The administration is certainly aware and extend his remarks.) in a one-day shooting spree. of that fact, but it has yet to commit Mr. SAM JOHNSON of Texas. Mr. Last weekend in his national radio to providing any recoveries from this Speaker, the President’s plan calls for address, President Clinton announced a

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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report confirming that gun shows are ELIMINATE THE MARRIAGE PEN- tleman from Connecticut (Mr. JOHN becoming a buyer’s mecca for crimi- ALTY AND BRING TAX EQUITY LARSON) will be speaking in support of nals, with over 56,000 illegal firearms TO WORKING FAMILIES this bill and about a former member of transfers. (Mr. TIAHRT asked and was given his hometown police force in East Mr. Speaker, it is time for Congress permission to address the House for 1 Hartford, Connecticut, who was re- to act. There should not be a place any- minute and to revise and extend his re- cently killed in the line of duty. where in America where criminals can marks.) Mr. Speaker, I ask my colleagues to buy guns with no questions asked. Mr. TIAHRT. Mr. Speaker, I believe join together with me in honoring our one would have to be totally out of Nation’s fallen police officers. f touch to defend the current tax code. f No sane individual, if asked to start IMPROVING EDUCATION IRA’S CHILD ONLINE PROTECTION ACT from scratch, would come up with the (Mr. CHABOT asked and was given (Mr. PITTS asked and was given per- current tax code in a million years. permission to address the House for 1 mission to address the House for 1 The tax code is baffling even to the ex- minute and to revise and extend his re- minute and to revise and extend his re- perts. In short, it is indefensible. marks.) marks.) One of the aspects of the tax code Mr. CHABOT. Mr. Speaker, education Mr. PITTS. Mr. Speaker, last year that is particularly indefensible is the is critically important to the future of the Child Online Protection Act passed marriage tax penalty. Many people do our Nation. I venture to say every the House and Senate and was enacted not learn about the marriage tax pen- Democrat and Republican who is in into law. Without diminishing free alty until they get married. Then they Congress would agree with that state- speech, the Act set up a screening proc- discover all of a sudden that the gov- ment. ess so that children could not access ernment wants to make sure young In order to assist parents in financ- obscene material on the Web. This sent couples starting out have a little bit ing their children’s education, this a strong message that Congress is tougher time than they had planned. Congress passed into law education united in protecting our children from Perhaps the most surprising of all is IRAs. In a nutshell, they allow parents pornography over the World Wide Web. the fact that the marriage tax penalty to set aside some of their hard-earned Now, unbelievably, on February 1, a can be the stiffest for those who can af- money for their kids’ education and get Federal judge in Pennsylvania has ford it the least, the working poor, who some tax relief for doing so. blocked enforcement of the Child On- are trying to keep home and family to- But a constituent of mine, John Mi- line Protection Act. It is appalling that gether. This unfairness in the tax code chael, who happens to be a tax ac- our children can easily access these should have been done away with years countant, says there is a glitch in the pornographic sites and pollute their ago, but the liberals in Congress have law that needs to be fixed. I agree with minds with sexually explicit material. fought against any tax relief, even for him. With most IRAs, the taxpayer has In response to the judge’s ruling, we the working poor. until April 15 to make a contribution must urge the Justice Department to Mr. Speaker, now is the time to for the previous tax year, but under appeal this decision. eliminate the marriage tax penalty and current law the education IRA’s con- Mr. Speaker, I ask all Members of the bring tax equity for working families. tribution must be made by December House to join me in standing with f 31. American families to protect our chil- INTRODUCING LEGISLATION HON- I would ask my Democratic and Re- dren from pornography. Please contact ORING OUR NATION’S FALLEN publican colleagues to support my Edu- my office if Members want to sign the POLICE OFFICERS cation IRA Fairness Act which I intro- letter to Attorney General Janet Reno. duced last week. It brings the edu- (Mr. TIERNEY asked and was given We owe this to our children. cation IRAs into line with all other permission to address the House for 1 IRAs, and it will improve education in f minute and to revise and extend his re- this country. marks.) Mr. TIERNEY. Mr. Speaker, I rise f JAPAN ILLEGALLY DUMPS STEEL today to introduce legislation to honor HONORING POLICE OFFICERS IN AMERICA our Nation’s fallen police officers. My KILLED IN THE LINE OF DUTY (Mr. TRAFICANT asked and was bill, Mr. Speaker, would honor police (Mr. LARSON asked and was given given permission to address the House officers who have been killed in the permission to address the House for 1 for 1 minute and to revise and extend line of duty by lowering to half staff a minute and to revise and extend his re- his remarks.) flag over the Capitol which will then be marks.) Mr. TRAFICANT. Mr. Speaker, after given to the family of the officer. Mr. LARSON. Mr. Speaker, I rise World War II Japanese officials were The Capitol Police Board would des- today to join the gentleman from Mas- given tours of our steel mills. They ignate the flagpole upon which the sachusetts (Mr. TIERNEY) in the intro- were allowed to take photographs. United States flag shall be flown at duction of a bill to honor police offi- They were further given blueprints of half mast for one day whenever a Fed- cers killed in the line of duty. our machinery and technology. Then eral, State, local, or territorial law en- On January 23, Brian Aselton of East America gave Japan loans to build forcement officer is slain in the line of Hartford’s police force gave his life on steel mills. When Japan could not duty. behalf of his fellow citizens whom he so repay the loans, they were forgiven Currently, the United States flag is valiantly protected. The community from the goodness of our hearts. flown at half staff to honor police offi- stood in shock and grief. It was a day Now, if that is not enough to massage cers one time a year, on Police Officers dampened by sorrow and chilled by the your subdural hematoma, check this Memorial Day. This bill provides for an passing of this young hero. Ten thou- out. Japan today is illegally, let me additional and fitting tribute to our sand police officers formed an endless say this again, is illegally dumping Nation’s fallen police officers and their sea of blue that marched into the cem- steel in America, destroying our com- families. The legislation was originally etery to pay tribute to Brian’s mem- panies, destroying American jobs. Un- sponsored by our former colleague, ory. believable. Thomas Foglietta, currently the Am- Nations and communities reveal an Japan has steel mills, we have photo- bassador to Italy, and reintroduced by awful lot about themselves in the me- graphs. Japan has surplus, we have former Congressman Jay Johnson in morials they create, in the people they deficits. Beam me up. Free trade is one the last Congress. honor. Flying the flag at half mast will thing. Illegal trade is illegal trade, Mr. In addition, Mr. Speaker, I am not bring back Brian or the near 150 of- Speaker. pleased that my colleague, the gen- ficers killed in the line of duty each

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2191 year, but it will serve as a reminder of HIGH TAXES AND LOW MORALS for 1 minute and to revise and extend the ultimate sacrifice that those who (Mr. SCHAFFER asked and was given his remarks.) wear the badge make on our behalf. permission to address the House for 1 Mr. KNOLLENBERG. Mr. Speaker, we have heard about the surplus. Over minute and to revise and extend his re- f the next 15 years, the Federal Govern- marks.) ment is projected to run a surplus of Mr. SCHAFFER. Mr. Speaker, high b 1015 $4.4 trillion. As the debate over how to taxes and low morals, that seems to be use this money heats up, the protectors the winning formula these days for the STOP THE MARRIAGE TAX of big government will scream bloody leader of the free world. PENALTY murder about any plan to provide the Not long ago, one of the leaders of (Mr. HEFLEY asked and was given American people with any tax relief. permission to address the House for 1 the Democrat Party said on the House To them I ask: If we cannot cut taxes minute.) floor, and I quote, that ‘‘Democrats are when the economy is strong, the Fed- Mr. HEFLEY. Mr. Speaker, a lot of not in favor of tax cuts.’’ I think aver- eral Government is in the black, and people ask me why the government pe- age middle-class Americans do deserve taxes are at an all-time high, when can nalizes couples for being married, and better. When Uncle Sam takes one- we do it? the only answer that can I come up third of a middle-class family’s income, Mr. Speaker, the American people with is that the government does some it just plain is not fair. are sending too much money to Wash- dumb things, and this is one of them. Mr. Speaker, I find it rather absurd ington, and it is time for Congress to Who is willing to defend this bizarre for liberals to assert that the govern- send some of it back home. monstrosity in the tax code? Who will ment cannot get by on a little less so I have introduced a fair and simple step forward and explain to the Amer- middle-class families can have a little plan that cuts taxes across the board, ican couples in my district why Uncle more. We read almost daily about gov- 10 percent across the board. It gets into Sam thinks they should pay more to ernment programs that do not work, every household of all those who pay the government for being married than bureaucracies accountable to no one, taxes. This proposal ends the practice if they were shacked up? What kind of and misguided social programs that ac- of picking winners and losers among cruel genius came up with the idea of tually make people worse off than if overtaxed Americans and benefits, penalizing people for being married? nothing had been done at all. again, everyone who pays Federal in- I urge Members on both sides of the Government is too big and taxes are come taxes. I urge my colleagues on aisle to join me in doing away with the too high. It is time to reverse course, both sides of the aisle to support this marriage tax penalty, a penalty which change our priorities, and make a bill. hits especially hard on those who are moral commitment to reduce the tax f burden on middle-class families. just getting by. Enough of this trav- RURAL AMERICA DEPENDS ON esty. We have it within our power this f QUALITY HEALTH CARE year to stop at least one dumb thing DEMOCRATS FOR TAX CUTS THAT (Mr. MCINTYRE asked and was given this government is doing. TARGET MIDDLE-CLASS FAMILIES permission to address the House for 1 f (Ms. DELAURO asked and was given minute.) permission to address the House for 1 Mr. MCINTYRE. Mr. Speaker, Lord SUPPORT THE PRESCRIPTION minute and to revise and extend her re- Chesterfield once said that health is FAIRNESS ACT FOR SENIORS marks.) the first and greatest of all blessings, and how true it is. This year health (Ms. STABENOW asked and was Ms. DELAURO. Mr. Speaker, we are care will be a hot topic here in Con- given permission to address the House faced with an historic opportunity. For gress. But the one thing we should not for 1 minute.) the first time in three decades, we have do is forget our roots, that America Ms. STABENOW. Mr. Speaker, I rise a Federal surplus with which we can began from rural areas and that many today first in strong support of the save America’s twin pillars of retire- citizens, from the small coastal com- President’s proposals to place the ma- ment security: Social Security and munities to the mountain hamlets to jority of the budget surplus into the Medicare. country crossroads, depend on quality Social Security Trust Fund and pro- This surplus, and our opportunity to do what is right, is a result of Demo- health care. tecting Medicare. How can the administration talk Social Security and Medicare are cratic fiscal discipline and sound eco- nomic policy. But instead of acting in about saving Medicare and, on the cornerstones of our trust, our protec- other hand, have $9 million in cuts that tion of seniors for their future, making the best interest of America’s future, Republicans want to use the surplus to would be taken away from Medicare. sure that they have in their retirement We cannot have this kind of double- the kind of quality of life that they de- give a one-time tax break that benefits mostly the wealthy. It is a bad idea. talk. I urge my colleagues to consider serve; and it is important for the fu- the citizens of rural America. Do not ture for our children. Democrats are for tax cuts, tax cuts that are targeted to middle-class fami- allow the $9 million in cuts from Medi- Today, also as part of the Medicare care. We realize that rural hospitals de- benefit for our seniors, I am rising as a lies, not the wealthiest 10 percent of Americans. pend on Medicare and that our citizens’ cosponsor of a bill we are introducing needs will not be met if they are not today, the gentleman from Maine (Mr. Let me just tell my colleagues that the Republican tax scheme gives back able to survive. ALLEN) and myself and other Members Now is the time to have the debate the average family less than $100. It of our caucus, called the Prescription on Social Security, but now is also the gives wealthy families earning more Drug Fairness Act for Seniors. This time to make sure we do right by our than $300,000 a tax break of $20,000. For will allow seniors to purchase prescrip- citizens in rural America on Medicare. tion drugs at a lower cost than they that kind of money, wealthy folks can Let there be no discrimination currently are able to do. buy a brand-new car. With $100, middle- among any of our citizens. Let us stand Right now, if the Federal Govern- class families cannot even buy a new up and do right for quality health care ment bulk purchases prescription drugs set of tires. for all Americans. and then allows seniors to buy at a f f lower cost, this will guarantee that seniors are not having to choose be- A FAIR AND SIMPLE PLAN TO CUT THE MONEY BELONGS TO THE tween purchasing food or their pre- TAXES PEOPLE WHO EARNED IT scription drugs. I would urge my col- (Mr. KNOLLENBERG asked and was (Mr. SHIMKUS asked and was given leagues to support the bill. given permission to address the House permission to address the House for 1

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 2192 CONGRESSIONAL RECORD—HOUSE February 10, 1999 minute and to revise and extend his re- TAX D-DAY, A DARK DAY FOR RE- A $500 PER CHILD TAX CREDIT, marks.) PUBLICANS AND A DAY TO RE- NOT SOME BOONDOGGLE FOR Mr. SHIMKUS. Mr. Speaker, what a JOICE FOR DEMOCRATS THE RICH surprise. Republican proposals to cut (Mr. TANCREDO asked and was (Mr. KINGSTON asked and was given taxes have already been met with given permission to address the House permission to address the House for 1 speech after speech by my liberal for 1 minute and to revise and extend minute and to revise and extend his re- democratic friends denouncing them as his remarks.) marks.) tax cuts for the rich. Mr. TANCREDO. Mr. Speaker, in just Mr. KINGSTON. Mr. Speaker, so Well, we will celebrate this April 15th 64 days, the dreaded April 15 will be often we hear about tax cuts for the a $400 child tax cut for families, a tax here. rich, and here is an example of one of cut for all families and one that the Well, I should clarify that. April 15 is the taxes that the opponents said was President approved. not a dreaded day at all by some Amer- for the rich, and this is a $400 this year, Has anyone else noticed that no mat- icans. In fact, April 15 is the single $500 next year per child tax credit for ter what tax cuts Republicans propose, most glorious day of the year for our families that make under $110,000 a it will automatically, 100 percent guar- liberal friends in the Democrat Party. year. Seventy-eight percent of the fam- anteed, be called tax cuts for the The Democrat Party believes in an ac- ilies who will benefit from this tax wealthy by the party that not only tivist government and believes that if credit have a household income of less does everything in its power to discour- the government just took a little more than $75,000 a year. age wealth creation but apparently money out of your paycheck the politi- Take the case of Mr. and Mrs. Wil- feels intense hatred for anyone who has cians will make life better for people. liam Franklin of Brooklyn, Georgia. realized the American dream. How truly ironic it is that the party They just had a new son named Sean. Of course, we all remember what the of Thomas Jefferson and Andrew Jack- They have to go out and buy a car seat, Democrats called rich in the last Con- son has categorically rejected the vi- which the kid will immediately throw gress: Anyone who is middle class. But sion of those early American heroes up on. They have to go out and buy I will ask that middle class farmer in who believed in the strength of the shoes, which he will immediately lose Illinois if he is rich, and I will ask that common man to manage his own af- one of. They have to go out and buy a security guard trying to earn extra fairs without the interference from walker, which he will try to roll down money if eliminating the marriage pen- Washington, D.C. the steps so they will have to put a alty, or if the $500 tax credit will ben- It is now the Republican Party that block in front of that little accordion efit him, and if he is the wealthy? And represents the interests of common door. They have to buy a Johnny of course my liberal friends on the people, of average middle class families Jump-Up to develop his legs. They have other side, many of whom themselves that work hard, play by the rules and to go out and buy a blender to smash are quite rich indeed, might never have who will believe in the right to pursue peas with, or they can pay for the more considered the simple fact that rich or the American dream without the Fed- expensive; just get Gerber to do it for not the money belongs to the people eral Government standing in the way. them. who earned it anyway. Sixty-four days until Tax D-day, a You have to do all of this if you have dark day for Republicans, a day to re- a child because raising children is very, f joice for Democrats. very expensive. I know. I have four kids. They are wonderful, but it is f H.R. 350, THE MANDATES proper for the government to give a INFORMATION ACT SOCIAL SECURITY SUMMIT IN THE $500 per child tax credit. It was passed NINTH CONGRESSIONAL DIS- by the Republicans last year. It is not (Mr. SHOWS asked and was given TRICT OF TEXAS some boondoggle for the rich, as the permission to address the House for 1 (Mr. LAMPSON asked and was given Democrats would have us believe. minute and to revise and extend his re- permission to address the House for 1 f marks.) minute and to revise and extend his re- Mr. SHOWS. Mr. Speaker, I rise marks.) FIRESAFE CIGARETTE ACT today to express my strong support for Mr. LAMPSON. Mr. Speaker, I rise (Mr. MOAKLEY asked and was given the Mandates Information Act, H.R. this morning to announce that I will permission to address the House for 1 350. H.R. 350 would provide Congress host a Social Security summit in the minute and to revise and extend his re- the means of assessing proposed pro- Ninth District of Texas. Why? Because marks.) grams and their potential impact on hundreds of senior citizens and their Mr. MOAKLEY. Mr. Speaker, as jobs and workers before enacting sig- families have called and written letters many of my colleagues know, last Fri- nificant Federal mandates on the pri- to my office concerned about the fu- day a huge fire broke out in a high-rise vate sector. ture of Social Security. apartment in Baltimore, Maryland. Over the years, a well-intentioned Americans from all walks of life rec- Like most fires in the United States, Congress has imposed its will on Amer- ognize that this sacred contract be- this fire was caused by a carelessly dis- ican business operators, large and tween the public and their government posed of lighted cigarette. small, requiring them to enforce public must be addressed and must be ad- Mr. Speaker, because of that fire, one laws at private expense. dressed now. I congratulate the Presi- woman died and nine people were in- We have achieved a balanced budget dent for having the foresight to set jured, and the most tragic part of that in part because we have ended the era aside the vast majority of our budget is that that fire could have been pre- of undisciplined legislators working surplus for this critical issue. vented. outside the constraints of common As we look toward the 21st Century, That is right, Mr. Speaker, that fire sense budgeting. We must remain ac- we cannot afford to risk losing this op- could have been prevented. Each year, countable to the American people by portunity to save Social Security by cigarette-related fires kill over 1,000 passing the Mandates Information Act. allowing ourselves to become mired in people, and those are not just the This is a common sense way to legis- partisan rhetoric or by failing to use smokers. We are talking about that lit- lation. If we are going to require pri- creative approaches to problem solv- tle baby in the crib upstairs. We are vate business to enforce our laws, we ing. talking about that elderly lady next should at least give them the chance to It has been said that opportunity door or that poor fellow downstairs know how much it will cost them to do only knocks once. Mr. Speaker, Con- and, yes, Mr. Speaker, even the firemen our work and allow them to plan ac- gress must answer the door. We owe who go into the fire to save those peo- cordingly. It is only fair. that to the American people. ple.

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2193 On March 1, I will introduce the Now is the time to rebuild national may reduce to a minimum of 5 minutes Firesafe Cigarette Act to require ciga- defense and this is the House to do it. the time for voting on any postponed rette companies to make cigarettes f question that immediately follows an- less likely to burn people’s houses other vote, provided that the time for down. Mr. Speaker, there are cigarettes AMERICANS NEED TAX RELIEF voting on the first question shall be a on the market that will extinguish (Mr. BRADY of Texas asked and was minimum of 15 minutes. after 5 minutes and the tobacco compa- given permission to address the House The Clerk will designate section 1. nies should use these. for 1 minute.) The text of section 1 is as follows: f Mr. BRADY of Texas. Mr. Speaker, Be it enacted by the Senate and House of Rep- Americans are not taxed too much? resentatives of the United States of America in REDUCE TAXES ON HARD- Look at how we spend our day. Congress assembled, WORKING AMERICANS We get up in the morning, get our SECTION 1. SHORT TITLE. (Mr. FOSSELLA asked and was given first cup of coffee on which we pay a This Act may be cited as the ‘‘Mandates In- permission to address the House for 1 sales tax. Jump in the shower and we formation Act of 1999’’. minute and to revise and extend his re- pay a water tax. Get in our car to drive The CHAIRMAN pro tempore. Are marks.) to work and pay a fuel tax. At work we there any amendments to section 1? Mr. FOSSELLA. Mr. Speaker, the pay an income tax and a payroll tax. If not, the Clerk will designate sec- question before us is faith. Do we place Drive home to the house on which we tion 2. our total faith in the Federal Govern- pay a property tax. Flip on the lights The text of section 2 is as follows: ment or do we place our faith in the and pay an electricity tax. Turn on the SEC. 2. FINDINGS. American people? TV, pay a cable tax. Pick up the tele- The Congress finds the following: Not too long ago here in Washington phone, pay a telephone tax. Kiss our (1) Before acting on proposed private sector we were faced with huge budget defi- spouse good night and pay a marriage mandates, the Congress should carefully con- cits. And because of a responsible Re- sider the effects on consumers, workers, and penalty tax. And on and on and on publican Congress, we now are on the small businesses. until, at the end of our lives, we pay a path to prosperity because of the hard (2) The Congress has often acted without ade- death tax. work of the American people. We were quate information concerning the costs of pri- Well, no wonder families and the el- vate sector mandates, instead focusing only on told then we could not cut taxes, and derly in this country have such a tough the benefits. we did. And today we are facing a huge (3) The implementation of the Unfunded Man- budget surplus here in Washington, and time making ends meet. They need re- lief, and the Republican plan provides dates Reform Act of 1995 has resulted in in- if left alone it will be spent here in creased awareness of intergovernmental man- it. Washington. Now we are told again dates without impacting existing environmental, today from those same people, we can- f public health, or safety laws or regulations. not cut taxes. MANDATES INFORMATION ACT OF (4) The implementation of this Act will en- hance the awareness of prospective mandates on Well, let us lay down the line right 1999 now. If we believe in the American peo- the private sector without adversely affecting ple, if we believe that this is still the The SPEAKER pro tempore (Mr. existing environmental, public health, or safety KINGSTON). Pursuant to House Resolu- laws or regulations. country of hope and opportunity and (5) The costs of private sector mandates are that anybody, given the right set of in- tion 36 and rule XVIII, the Chair de- clares the House in the Committee of often borne in part by consumers, in the form of centives and hard work and notions of higher prices and reduced availability of goods personal responsibility, can go out the Whole House on the State of the and services. there and succeed, let us reduce the Union for the further consideration of (6) The costs of private sector mandates are taxes on the hard-working American the bill, H.R. 350. often borne in part by workers, in the form of people, let them keep more of their b 1035 lower wages, reduced benefits, and fewer job op- hard-earned money, and let us send the portunities. IN THE COMMITTEE OF THE WHOLE (7) The costs of private sector mandates are promise back to them. Let us promise Accordingly, the House resolved often borne in part by small businesses, in the them that if we give them the tools to form of hiring disincentives and stunted growth. succeed, we believe in them, not the itself into the Committee of the Whole The CHAIRMAN pro tempore. Are people here in Washington, who all House on the State of the Union for the further consideration of the bill (H.R. there any amendments to section 2? they will do is spend that money and If not, the Clerk will designate sec- too often unwisely. 350) to improve congressional delibera- tion on proposed Federal private sector tion 3. f mandates, and for other purposes, with The text of section 3 is as follows: NATIONAL DEFENSE IS IN CRISIS Mr. BRADY of Texas (Chairman pro SEC. 3. PURPOSES. (Mr. HUNTER asked and was given tempore) in the chair. The purposes of this Act are the following: (1) To improve the quality of the Congress’ de- permission to address the House for 1 The Clerk read the title of the bill. The CHAIRMAN pro tempore. When liberation with respect to proposed mandates on minute and to revise and extend his re- the private sector, by— marks.) the Committee of the Whole rose on (A) providing the Congress with more complete Mr. HUNTER. Mr. Speaker, national Thursday, February 4, 1999, all time for information about the effects of such mandates; defense is in crisis. We are going to be general debate had expired. and 18,000 sailors short this year in the U.S. The amendment in the nature of a (B) ensuring that the Congress acts on such Navy. We are going to be 700 pilots substitute printed in the bill shall be mandates only after focused deliberation on the short in the Air Force. We are short on considered by sections as an original effects. bill for the purpose of amendment, and (2) To enhance the ability of the Congress to basic ammunition in the Army and the distinguish between private sector mandates Marine Corps. Our equipment is aging. pursuant to the rule, each section is that harm consumers, workers, and small busi- And we have an inadequate budget. We considered read. nesses, and mandates that help those groups. have a budget which is $150 billion less During consideration of the bill for The CHAIRMAN pro tempore. Are on an annual basis than the Reagan amendment, the Chair may accord pri- there any amendments to section 3? budgets of the mid-1980s. ority in recognition to a Member offer- If not, the Clerk will designate sec- Now, we do not have to go back up to ing an amendment that he or she has tion 4. the Reagan budgets because the Cold printed in the designated place in the The text of section 4 is as follows: War is over, but we do have to add an CONGRESSIONAL RECORD. Those amend- SEC. 4. FEDERAL PRIVATE SECTOR MANDATES. additional $20 billion this year. The ments will be considered read. (a) IN GENERAL.— President has only offered $4 billion of The Chairman of the Committee of (1) ESTIMATES.—Section 424(b)(2) of the Con- that $20 billion that the services re- the Whole may postpone a request for a gressional Budget Act of 1974 (2 U.S.C. quest. recorded vote on any amendment and 658c(b)(2)) is amended—

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0688 Sfmt 6333 E:\BR99\H10FE9.000 H10FE9 2194 CONGRESSIONAL RECORD—HOUSE February 10, 1999 (A) in subparagraph (A) by striking ‘‘and’’ the Chair under section 425(a)(1) or (a)(2)’’ be- Page 7, strike lines 9 through 18. after the semicolon; and fore the period. Page 7, line 19, strike ‘‘(7)’’ and insert ‘‘(8)’’ (B) by redesignating subparagraph (B) as sub- (7) APPLICATION RELATING TO CONGRESSIONAL and after line 18, insert the following new paragraph (C), and inserting after subpara- BUDGET OFFICE.—Section 427 of the Congres- paragraphs: graph (A) the following: sional Budget Act of 1974 (2 U.S.C. 658f) is (6) TECHNICAL CHANGES.—(A) The ‘‘(B) when applicable, the impact (including amended by striking ‘‘intergovernmental’’. centerheading of section 426 of the Congres- any disproportionate impact in particular re- (b) RULES OF THE HOUSE OF REPRESENTA- sional Budget Act of 1974 is amended by add- gions or industries) on consumers, workers, and TIVES.—Clause 11(b) of rule XVIII of the Rules ing before the period the following: ‘‘RE- small businesses, of the Federal private sector of the House of Representatives is amended by GARDING FEDERAL INTERGOVERN- mandates in the bill or joint resolution, includ- striking ‘‘intergovernmental’’ and by striking MENTAL MANDATES’’. ing— ‘‘section 424(a)(1)’’ and inserting ‘‘section 424 (B) Section 426 of the Congressional Budget ‘‘(i) an analysis of the effect of the Federal (a)(1) or (b)(1)’’. Act of 1974 is amended by inserting ‘‘regard- private sector mandates in the bill or joint reso- (c) EXERCISE OF RULEMAKING POWERS.—This ing Federal intergovernmental mandates’’ lution on consumer prices and on the actual section is enacted by Congress— after ‘‘section 425’’ each place it appears. supply of goods and services in consumer mar- (1) as an exercise of the rulemaking power of (C) The item relating to section 426 in the kets; the Senate and the House of Representatives, re- table of contents set forth in section l(b) of ‘‘(ii) an analysis of the effect of the Federal spectively, and as such it shall be considered as the Congressional Budget and Impoundment private sector mandates in the bill or joint reso- part of the rules of such House, respectively, Control Act of 1974 is amended by inserting lution on worker wages, worker benefits, and and shall supersede other rules only to the ex- ‘‘regarding Federal intergovernmental man- employment opportunities; and tent that they are inconsistent therewith; and dates’’ before the period. ‘‘(iii) an analysis of the effect of the Federal (2) with full recognition of the constitutional (7) FEDERAL PRIVATE SECTOR MANDATES.— private sector mandates in the bill or joint reso- right of either House to change such rules (so (A) Part B of title IV of the Congressional lution on the hiring practices, expansion, and far as relating to such House) at any time, in Budget Act of 1974 is amended by redesig- profitability of businesses with 100 or fewer em- the same manner, and to the same extent as in nating sections 427 and 428 as sections 428 ployees; and’’. the case of any other rule of each House. and 429, respectively, and by inserting after section 426 the following new section: (2) POINT OF ORDER.—Section 424(b)(3) of the The CHAIRMAN pro tempore. Are ‘‘SEC. 427. PROVISIONS RELATING TO THE HOUSE Congressional Budget Act of 1974 (2 U.S.C. there any amendments to section 4? 658c(b)(3)) is amended by adding after the pe- OF REPRESENTATIVES REGARDING AMENDMENT NUMBERED 1 OFFERED BY MR. FEDERAL PRIVATE SECTOR MAN- riod the following: ‘‘If such determination is BOEHLERT DATES. made by the Director, a point of order under Mr. BOEHLERT. Mr. Chairman, I ‘‘(a) ENFORCEMENT IN THE HOUSE OF REP- this part shall lie only under section 425(a)(1) RESENTATIVES.—It shall not be in order in and as if the requirement of section 425(a)(1) offer an amendment. the House of Representatives to consider a had not been met.’’. The CHAIRMAN pro tempore. The rule or order that waives the application of (3) THRESHOLD AMOUNTS.—Section 425(a) of Chair notices that the amendment goes section 425 regarding Federal private sector the Congressional Budget Act of 1974 (2 U.S.C. beyond section 4. mandates. A point of order under this sub- 658d(a)) is amended by— Is there objection to consideration of section shall be disposed of as if it were a (A) striking ‘‘and’’ after the semicolon at the the amendment at this point? point of order under section 426(a). end of paragraph (1) and redesignating para- There was no objection. ‘‘(b) DISPOSITION OF POINTS OF ORDER.— graph (2) as paragraph (3); and ‘‘(1) APPLICATION TO THE HOUSE OF REP- The CHAIRMAN pro tempore. The (B) inserting after paragraph (1) the following RESENTATIVES.—This subsection shall apply new paragraph: Clerk will designate the amendment. only to the House of Representatives. ‘‘(2) any bill, joint resolution, amendment, The text of the amendment is as fol- ‘‘(2) THRESHOLD BURDEN.—In order to be motion, or conference report that would increase lows: cognizable by the Chair, a point of order the direct costs of Federal private sector man- Amendment No. 1 offered by Mr. BOEH- under section 425 regarding Federal private dates (excluding any direct costs that are attrib- LERT: sector mandates or subsection (a) of this sec- utable to revenue resulting from tax or tariff Page 5, lines 16 and 17, strike ‘‘425(a)(1)’’ tion must specify the precise legislative lan- provisions of any such measure if it does not each place it appears and insert guage on which it is premised. raise net tax and tariff revenues over the 5-fis- ‘‘425(a)(1)(B)’’. ‘‘(3) RULING OF THE CHAIR.—The Chair shall cal-year period beginning with the first fiscal Page 5, after line 20, insert the following rule on points of order under section 425 re- year such measure affects such revenues) by an new subparagraphs: garding Federal private sector mandates or amount that causes the thresholds specified in (A) inserting in paragraph (1) ‘‘intergov- subsection (a) of this section. The Chair shall section 424(b)(1) to be exceeded; and’’. ernmental’’ after ‘‘Federal’’; sustain the point of order only if the Chair (4) APPLICATION RELATING TO APPROPRIATIONS (B) inserting in paragraph (1) ‘‘(A)’’ before determines that the criteria in section COMMITTEES.—(A) Section 425(c)(1)(A) of the ‘‘any’’ and by adding at the end the following 425(a)(1)(B), 425(a)(1)(C), or 425(a)(2) have been Congressional Budget Act of 1974 (2 U.S.C. new subparagraphs: met. Not more than one point of order with 658d(c)(1)(A)) is amended by striking ‘‘except’’. ‘‘(B) any bill or joint resolution that is re- respect to the proposition that is the subject (B) Section 425(c)(1)(B) of the Congressional ported by a committee, unless— of the point of order shall be recognized by Budget Act of 1974 (2 U.S.C. 658d(c)(1)(B)) is ‘‘(i) the committee has published a state- the Chair under section 425(a)(1)(B), amended— ment of the Director on the direct costs of 425(a)(1)(C), or 425(a)(2) regarding Federal (i) in clause (i) by striking ‘‘intergovern- Federal private sector mandates in accord- private sector mandates. mental’’; ance with section 423(f) before such consider- ‘‘(4) DEBATE AND INTERVENING MOTIONS.—If (ii) in clause (ii) by striking ‘‘intergovern- ation, except that this clause shall not apply the point of order is sustained, the costs and mental’’; to any supplemental statement prepared by benefits of the measure that is subject to the (iii) in clause (iii) by striking ‘‘intergovern- the Director under section 424(d); or point of order shall be debatable (in addition mental’’; and ‘‘(ii) all debate has been completed under to any other debate time provided by the (iv) in clause (iv) by striking ‘‘intergovern- section 427(b)(4); and rule providing for consideration of the meas- mental’’. ‘‘(C) any amendment, motion, or con- ure) for 10 minutes by each Member initi- (5) THRESHOLD BURDEN.—(A) Section 426(b)(2) ference report, unless— ating a point of order and for 10 minutes by of the Congressional Budget Act of 1974 (2 ‘‘(i) the Director has estimated, in writing, an opponent on each point of order. Debate U.S.C. 658e(b)(2)) is amended by inserting ‘‘leg- the direct costs of Federal private sector shall commence without intervening motion islative’’ before ‘‘language’’. mandates before such consideration; or except one that the House adjourn or that (B) Section 426(b)(2) of the Congressional ‘‘(ii) all debate has been completed under the Committee of the Whole rise, as the case Budget Act of 1974 (2 U.S.C. 658e(b)(2)) is section 427(b)(4); and’’. may be. amended by striking ‘‘section 425 or subsection Page 5, line 21, strike ‘‘(A)’’ and insert ‘‘(5) EFFECT ON AMENDMENT IN ORDER AS (a) of this section’’ and inserting ‘‘part B’’. ‘‘(C)’’ and on line 24, strike ‘‘(B)’’ and insert ORIGINAL TEXT.—The disposition of the point (6) QUESTION OF CONSIDERATION.—(A) Section ‘‘(D)’’. of order under this subsection with respect 426(b)(3) of the Congressional Budget Act of 1974 Page 6, line 2, insert ‘‘, according to the es- to a bill or joint resolution shall be consid- (2 U.S.C. 658e(b)(3)) is amended by striking timate prepared by the Director under sec- ered also to determine the disposition of the ‘‘section 425 or subsection (a) of this section’’ tion 424(b)(1),’’ before ‘‘would’’. point of order under this subsection with re- and inserting ‘‘part B’’. Page 6, line 10, insert ‘‘unless all debate spect to an amendment made in order as (B) Section 426(b)(3) of the Congressional has been completed under section 427(b)(4),’’ original text.’’. Budget Act of 1974 (2 U.S.C. 658e(b)(3)) is after ‘‘exceeded’’. (B) CONFORMING AMENDMENT.—The table of amended by inserting ‘‘, except that not more Page 7, line 1, strike ‘‘(A)’’ and strike lines contents set forth in section 1(b) of the Con- than one point of order shall be recognized by 5 through 8. gressional Budget and Impoundment Control

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2195 Act of 1974 is amended by redesignating sec- ment will not mean the end of truly The CHAIRMAN pro tempore. The tions 427 and 428 as sections 428 and 429, re- open rules. Unlike the bill, my amend- time of the gentleman from New York spectively, and by inserting after the item ment does not give industry a proce- (Mr. BOEHLERT) has expired. relating to section 426 the following new dural trump denied to its consumers, (By unanimous consent, Mr. BOEH- item: its communities, and its employees. LERT was allowed to proceed for 2 addi- ‘‘Sec. 427. Provisions relating to the house of And unlike the bill, my amendment tional minutes.) representatives regarding fed- eral private sector mandates.’’. does not change the rules of the House Mr. BOEHLERT. Mr. Chairman, the Page 7, line 20, strike ‘‘Section 427’’ and in- to unfairly favor one side of an argu- teeth in H.R. 350 are a vote that is de- sert ‘‘Section 428 (as redesignated)’’. ment. Openness and fairness, that is signed to do one thing and only one Page 9, after line 5, add the following new what my amendment is all about. thing, and that is to shut down debate section: Now, I already know all too well on any measure that someone claims SEC. 6. CONFORMING AMENDMENT. what kind of arguments we are going will cost industry money, regardless of Section 425(b) of the Congressional Budget to hear in response to this amendment, the evidence on cost, regardless of the Act of 1974 is amended by striking ‘‘sub- so let me deal with them one by one. benefits, regardless of the public pur- section(a)(2)(B)(iii)’’ and inserting ‘‘sub- First, we are going to hear that this pose to be served, regardless of whether section (a)(3)(B)(iii)’’. amendment would gut the bill. That is some companies support the measure. Mr. BOEHLERT. Mr. Chairman, let an old saw trotted out every time. Our amendment has teeth in the me begin by explaining what this Again, the bill still has a point of sense that it will accomplish its in- amendment would actually do because order against private mandates on all tended goal: creating more debate, cre- I think there has been a lot of confu- types of measures and it provides for ating more debate on alleged private- sion. more focused, better-informed debate. sector mandates. But our amendment Under my amendment, Members Every stated goal of the bill has been will not try to injure those who sup- could still raise a point of order addressed. What those who charge us port protections for the environment, against bills, resolutions, amendments, with gutting the bill really mean is for public health and public safety. and conference reports if they would that the bill will no longer bias the Again, I urge Members to read the cost the private sector more than $100 rules of the House, a goal they have bill. The vote in the bill is needed be- million, which is the threshold in cur- not exactly been trumpeting. cause there are no objective criteria rent law. Second, we are going to hear that our for determining the validity of their Under my amendment, the Chair amendment somehow does not require point of order and because, without the would rule on the point of order. Just the House to be accountable for its ac- vote, one side will not be able to in- as with most points of order in the tions. This is an odd one. timidate the other. House, there would be an objective rul- Under my amendment, we still will Mr. Chairman, the details of this de- ing. The point of order would be sus- vote on each and every bill and amend- bate are complex but the basic ques- tained if the Congressional Budget Of- ment that comes before the House, and tions it raises are simple. First, does fice had scored the measure as costing will do so after having had fuller de- the House want to have more debate more than $100 million or if CBO had bate than provided for in H.R. 350. and better-informed debate and better- not scored the measure. Look at the bills that are at stake in focused debate on private mandates? If That eliminates one flaw in the bill, this debate: Minimum wage. Health the answer to that is yes, and I think which allows someone to claim that a protections. Environmental protec- it is, then Members should support the measure would cost more than $100 tions. Does any Member feel they have Boehlert amendment because that is million even if CBO has scored it other- not been accountable for their vote on exactly what we provide. wise, because the bill requires no evi- these issues? dence at all to raise the point of order. When they make this accountability b 1045 Under my amendment, if the point of argument, the proponents are claim- Second, does the House want to order is sustained, 20 additional min- ing, in effect, that somehow the House change the fundamental rules of the utes to debate on the bill or amend- has escaped accountability for the past House so that in every case there is a ment themselves is added to whatever 210 years because we have lacked this presumption that laws to protect the debate would have occurred under the new point of order. Does anyone really environment, and health, and public rule. This is the crux of the matter. accept that? safety are a bad idea? I think the an- Under my amendment the point of What proponents really mean when swer to that is no, and that is why my order is used to provide for additional they say we have not been accountable amendment is needed. H.R. 350, Mr. debate, while under the bill the purpose is that they do not always like the way Chairman, would quite simply change of the point of order is to cut off de- the votes have turned out. If Members the rules of the House so that any law bate. I fail to see how having less de- oppose measures that impose costs on that might cost any industry more bate will lead to better-informed deci- industry, they ought to vote against than $100 million would face extra hur- sions. them. If Members oppose individual dles to passage and would get less de- So again, here is what my amend- provisions in bills, they ought to offer bate regardless of any other consider- ment would do. First, it would accom- amendments and force votes on those ation. plish every stated goal of the bill. Sec- provisions. That is how the Constitu- Finally, H.R. 350 is a bill that biases tion 3 of the bill says its purposes are tion makes us accountable. House procedures to an extent that to provide Congress with more com- What we ought not do is change the would even have made gilded age legis- plete information on mandates, ensure rules of the House to favor one side of lators blush. I think the House ought more focused deliberation on man- a debate that has not been able to pre- to have free, fair and open debate, and dates, and to help distinguish between vail every time they wanted to under that is what the Boehlert amendment helpful and harmful mandates. All are normal procedures. This is also what would ensure, and I urge its passage. most worthy objectives. proponents mean when they say that Mr. LINDER. Mr. Chairman, I rise re- By allowing a point of order that fo- our amendment does not have any luctantly to oppose the amendment of cuses debate on private-sector cost and teeth. I always say, when someone tells my friend from New York (Mr. BOEH- adds debate time to discuss those costs, us their bill has teeth, who are they LERT). my amendment does exactly what the trying to bite? Unfortunately, Mr. Chairman, the bill and its supporters have been call- The teeth in H.R. 350 are a vote that Boehlert amendment, by removing the ing for. is designed to do one thing and only vote which would give this House an But unlike the bill, my amendment one thing, shut down debate on any opportunity to decide whether it want- does not allow debate to be short- measure that someone claims will cost ed to proceed on a bill, takes all of the circuited. Unlike the bill, my amend- industry money. enforcement measures out of the bill

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 2196 CONGRESSIONAL RECORD—HOUSE February 10, 1999 and returns us to the status quo ante that. We have never ever funded that. successful. As the gentleman from that is anti 1996. In 1996, my colleagues We just passed that on to my col- Georgia (Mr. LINDER) alluded to, when will recall, we passed unfunded man- leagues’ communities throughout their we had Mr. Blum, the director of CBO, dates on the public sector. We said if districts, and their school systems are in before us, and Mr. LINDER asked a we are going to impose costs on other paying that. We would have had a point few questions, Mr. Blum said that the government entities, we ought to know of order against that, had it occurred real reason this works is because of the what it was, and if it exceeded $50 mil- in the last 3 years under the Portman- point of order because we have ac- lion across the country, we would have Condit legislation that we passed. We countability, and let me just encourage a debate on that and then vote as to also think it is fair that we have that the Members to not be fearful of that. whether to proceed. We did not shut same point of order and the oppor- The more information that we have, down anything. Since January 1 of 1996 tunity to vote on it if we impose bur- the better decisions we make, and we there have been seven times when the dens on the private sector. are all accountable one way or the point of order has been raised, and all I am curious to know why the gen- other so we ought to at least dem- seven times this House listened to both tleman from New York is so worried onstrate that by allowing us to have sides determined to move forward with about an open discussion and the need this point of order and a vote if it is re- the bill and pass the bill. The language to be taking a stand on these issues quired. that the gentleman from New York with respect to a vote to move forward. It is a real simple bill, simply lets us (Mr. BOEHLERT) would like to insist on It has not stopped any other legislation have a debate, lets us have account- would leave us right where we are right in the past, but it has done a couple of ability for the actions that we take, now. Since 1983, according to the CBO things. Committees now are aware of and I would encourage all Members to director in testimony before the Com- costs they are imposing and think oppose this amendment. The gen- mittee on Rules, the CBO has been through the legislation that they are tleman from New York (Mr. BOEHLERT) doing analysis on how Federal legisla- writing. In the past they were not offered a similar amendment last year, tion would affect State and local gov- doing that even under the testimony a little different. Last year he did not ernments and the private sector. But from the Congressional Budget Office want to have any debate on amend- as they told us in the hearing, nobody director. We think that is good because ments. This year he wants to have full paid attention to it because there are a lot of things do happen in this town open debate, so I am not real sure no teeth in the measure, and indeed at that are unknown in terms of its im- where he really is on this issue, but I the CBO these estimates became a low pact on both the private sector and the would encourage my colleagues to de- priority because they knew no one was public sector. We ought to know that. feat this amendment so that we can proceed ahead and enact this unfunded paying attention to it. To argue that We ought to discuss it. mandate legislation. this would unfairly bias the debate in All of this, all this bill is going to do, Mr. PORTMAN. Mr. Chairman I move favor of one side or the other is also a is to say it is just as important not to burden the private sector with our to strike the requisite number of silly argument, looking back at the words. seven times when the point of order wishes as it is the public sector, and if we are going to burden them, at least Mr. Chairman, I rise in strong opposi- has been imposed or asserted in the tion to the Boehlert amendment today, past 3 years. know that we are doing it, move to vote to move forward. The Boehlert and I got to say as one of the co-au- We will also hear throughout this de- thors of the bill, this is the gentleman bate that while we will be discussing amendment would eliminate that vote from California (Mr. CONDIT’s) legisla- the cost to the private sector, which is which, of course, he knows is to take away the teeth from the bill, and I urge tion, but as one of the co-authors, this under the bill if it imposes $100 million amendment is not consistent with the in costs on the private sector, it is then opposition to the amendment. Mr. CONDIT. Mr. Chairman, I move purposes or intent of the legislation, it amenable to a point of order. We will to strike the last word. is just not because the purpose, as Mr. hear them say we will be discussing the Mr. Chairman, I rise in opposition to CONDIT just said, is to have true ac- costs, but not the benefits. That pre- the amendment. Mr. BOEHLERT’s countability. sumes arguments occur in vacuums, amendment takes away the very thing Now the author of the amendment and this has not happened in this that makes this bill successful, and talks a lot about the fact that we House in the past 3 years. The reason that is accountability. This bill is would still have focused and informed we will have these arguments is be- about accountability, about making debate, but we need to look at the cause there will be a huge argument on the House accountable for the legisla- record. Three and a half years ago this behalf of the benefits, on behalf of the tion that we pass. The bill is real sim- House passed the Unfunded Mandates need to move forward, while others will ple. Relief Act. The gentleman from Cali- just be saying but be aware of what Mr. Chairman, if there is an unfunded fornia (Mr. CONDIT) just talked about costs we are imposing on the private mandate of $100 million, one can raise it. It puts this same procedure in place, sector. a point of order and have a debate, a although frankly this one is not as on- In my view this is only fair. For too debate about the mandate. Does not erous for the House; same procedure in many years, for far too many years, mean that stops the mandate; we have place with regard to having a debate this Congress has voted for warm and the prerogative to stop it or proceed. and a vote. That, according to the Con- fuzzy good things and chose not to tax But what Mr. BOEHLERT does today is gressional Budget Office, according to the American people for it, to pass take away the real meat behind this all the outside observers, many of those burdens on to other levels of gov- thing, the hammer behind the thing, whom frankly were not in support of ernment or the private sector. We the thing that makes it work, and that the original legislation, has been the think that it is only fair if we are is accountability. necessary teeth; yes, the teeth, in the going to pursue good things, whether This is about accountability. We, as legislation that forced the committees they are warm and fuzzy or not, that Members of the House, should not have to do what we are all trying to get at we ought to know how much it costs. A any fear to have a debate about the here, which is to send better, more re- simple example of this is not the pri- cost of a mandate and then have the re- sponsible legislation to the floor that vate sector, but it was discussed this sponsibility to make a decision wheth- takes into account the costs of un- morning in a meeting, was that years er or not the mandate is worthwhile, funded mandates. Without having a de- ago this House decided that we would whether or not we should proceed, and bate and a vote on the floor of the impose mandates for special education if it is worthy of our vote, Mr. Chair- House, Mr. Chairman, we are simply on the local school systems. Good idea, man, then we vote for it, and then we not going to have the kind of discipline probably necessary idea, but the bill proceed with the bill. we are looking for and the kind of, also said that the Federal Government In 1995, we passed the Unfunded Man- again, better informed debate and, in would pay 40 percent of the costs for date Reform Act of 1995. It has been the end, more responsible legislation.

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2197 Let me quote from the CBO testi- the floor, and we have accountability The underlying bill of the gentleman mony just a couple of weeks ago before to our constituents, both those who do from Ohio (Mr. PORTMAN) and the gen- the Committee on Rules. They said not want additional mandates and tleman from California (Mr. CONDIT) that before proposed legislation is those who think that the benefits of takes the legislation that might deal marked up, committee staffs and indi- the legislation outweigh the mandate. with clean air and it cuts that legisla- vidual Members are increasingly re- That is the point of this legislation; it tion off, cuts the debate off on that leg- questing our analysis about whether is good government. islation, and then simply talks about the legislation would create any new Mr. Chairman, I urge the Members to the mandate to the private sector. federal mandates and, if so, whether look carefully at this amendment and What the amendment of the gen- their costs would exceed the thresholds the fact that indeed it does gut the leg- tleman from New York (Mr. BOEHLERT) established by the Unfunded Mandates islation, it is not consistent with the does is carry on the debate of the un- Relief Act. So that is with regard to intended purpose of the bill, and with funded mandate and the expense to the the public sector. In many instances, I all due respect to my good friend from private sector, but also includes the continue, CBO is able to inform the New York who I know is sincere about important debate, the exchange of in- sponsor about the existence of a man- his interests in making this House formation, the acquisition of knowl- date and provide informal guidance work better, it does, in fact, lead us to edge about the importance of that par- about how the proposal might be re- the point where we would not have the ticular legislation. structured to eliminate the mandate or informed debate and we would not have Let me give an example, the Chesa- reduce the cost of the mandate. That the accountability measure that is so peake Bay: Forty percent of the pollu- use of the Unfunded Mandate Relief important in this legislation. tion of the Chesapeake Bay is from air Act early in the legislative process, Mr. GILCHREST. Mr. Chairman, I deposition. What does that mean? early in the legislative process, Mr. move to strike the requisite number of Forty percent of the pollution from the Chairman, appears to have had an ef- words. Chesapeake Bay comes from the Mid- fect on the number and burden of inter- Mr. Chairman, about 25 years ago I west and comes from places like Balti- governmental mandates in enacted leg- read a fascinating book called The As- more City, but comes from industry cent of Man, and the book fundamen- islation. and comes from automobiles. That is the whole point. Yes, if we tally was about the evolution of man’s Now, if you want to clean up the take out the debate and the vote, we do relationship to the advancement of smokestacks to the factories, which we take away the teeth that makes this science, and there was the chapter in are trying to do with the Clean Air legislation so important in terms of that book called: Act, and try to eliminate much of the Knowledge or Certainty: Which Do getting to better legislation on the emissions from automobiles, which we You Strive For; Knowledge or Cer- floor of the House in a more informed are trying to do with the Clean Air tainty? debate by the Members. In this floor, in this democratic proc- Act, of course, that is expensive, and I Let me also respond to something ess that we have here in the U.S. House would dare say costs the Nation over else that the sponsor of the legislation, of Representatives, we have fundamen- $100 million. the proposed amendment, said. He said tally in the democratic process an ex- But what are we going to do about that if the Chair ruled that it was all change of information with a sense of the nutrient overload from the Chesa- right, then we would have 20 minutes tolerance for someone else’s opinion peake Bay? What do we get from the of debate but no vote and indicated and then we vote. We do not have an Chesapeake Bay as far as economic re- that the Chair, rather than the Mem- exchange of certainty, and then cut off bound and economic vitality? We get a bers, should make that decision. Again, debate and then we vote. We have an huge fishing industry, we get a huge this is not the intent of the legislation, exchange of information. recreational industry, we get enormous nor is it consistent with what the par- With the underlying legislation here, sums as a result of the clean water in liamentarian, what the Committee on with the bill of the gentleman from the Chesapeake Bay. That should also Rules, what others who have on run Ohio (Mr. PORTMAN) and the gentleman be included in the debate. this place day to day believe is the How about discussions on sewage from California (Mr. CONDIT) it is my right way to go. We do not want to put judgment that we have a very short de- treatment plants, outflows from all the Chair in that position. We want to bate on the mandate, on the cost to the kinds of commercial activities? In 1898, put the Members in that position. private sector, and then we stop debate if you compared oyster production in Let us recall that in the end after a on the underlying legislation. We stop the Chesapeake Bay to 1998, 99 percent 20-minute debate it is the will of that debate on that particular issue, and I of it is gone. Ninety-nine percent of the House that prevails. If the will of the want to talk about that in just a sec- oyster production in the Chesapeake House is to go ahead, notwithstanding ond. Bay. We get 1 percent of what we used the mandate with the legislation, to get 100 years ago, and much of that which has happened seven out of seven b 1100 is because the oysters are gone, but the times with the Unfunded Mandates Re- Under the amendment of the gen- most important factor in that state- lief Act over the last few years, and tleman from New York (Mr. BOEH- ment is that many of the oysters in the again we have a record here, my col- LERT), we have an opportunity to not Chesapeake Bay cannot be eaten be- leagues, then the House simply pro- only debate the legislation, whether it cause of the problems from outflows ceeds. But let us not put that responsi- deals with the important aspects of from all kinds of sources. bility, which is a weighty responsi- clean air, clean water, health or a The amendment of the gentleman bility, with the Chair. Let us keep it whole range of issues, but we also can from New York (Mr. BOEHLERT) does with the Members of this houses. All talk about the issue of the cost to the not cut off debate on the problem of this says in the end is that, yes, the private sector. We have both included the cost to the private sector. That de- House should have better information in the amendment of the gentleman bate can flourish and continue. on substantial new mandates on the from New York (Mr. BOEHLERT), which The amendment of gentleman from private sector, and, yes, we ought to be I think is vital. Ohio (Mr. PORTMAN) and the gentleman held accountable for how we feel about Yes, we do not want to overburden from California (Mr. CONDIT) cuts off those substantial new mandates. It the private sector with excessive, un- debate on how we can understand the does not mean we are not going to necessary costs, but we want to make need to acquire knowledge for us to re- mandate; we are, and we have, and we sure that the private sector is part of duce the pollution to the Chesapeake even have on the public sector, and we the Nation’s policy of preserving our Bay, for us to make sure about the air will continue to, I am sure. But we economic structure and preserving the we breathe, because of the increasing have better legislation on the floor, we Nation’s health and safety and the numbers of people in this country that have a better, more informed debate on quality of life to its citizens. are coming down with asthma.

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 2198 CONGRESSIONAL RECORD—HOUSE February 10, 1999 I do not want to sound like an alarm- Mr. WAXMAN. I yield to the gen- does not exist; and, two, because, quite ist up here or that this is the most im- tleman from New York. frankly, if it is adopted, it would kill a portant thing that we have to do im- Mr. BOEHLERT. That is exactly the very carefully balanced and, as I said, mediately, but I want to go back to the purpose of my amendment. The base bipartisan measure. It has been put to- first statement that I made: The fun- bill would limit debate; my amendment gether really over the last several damentals of democracy are an ex- would expand debate. The base bill years through efforts of our colleagues, change of information, the acquisition would terminate discussion; my the gentleman from Ohio (Mr. of knowledge, tolerance for other peo- amendment would continue discussion. PORTMAN) and the gentleman from ple’s opinions. Of course we have to factor in the California (Mr. CONDIT). I urge an ‘‘aye’’ vote for the amend- cost to industry, but we also have to H.R. 350 is nearly identical to the bi- ment offered by the gentleman from factor in the benefits to public health, partisan legislation that passed the New York (Mr. BOEHLERT). to the environment, to all these very House of Representatives last year by a Mr. WAXMAN. Mr. Chairman, I move important things. That is why organi- vote of 279 to 132. At the core of H.R. to strike the requisite number of zations like the American Lung Asso- 350 are two mutually dependent objec- words. ciation are so much in support of my tives. The first requires committees Mr. Chairman, I am very interested amendment, because they want this and the Congressional Budget Office to in the comments of the previous speak- open discussion on what the implica- provide more complete information er, and I wanted to pursue his thinking tions are of our actions on the public’s about the cost of proposed mandates on on this matter. health. Every family wants to know the private sector. As I understand the bill before us, it how it is going to affect that family. The second ensures accountability by would provide for an opportunity to de- Of course we have to consider the permitting a separate debate and vote bate the question of whether there is a cost to industry, but we also have to on the consideration of legislation con- mandate and then have a separate vote consider the benefit to public health taining private sector mandates ex- on whether we are going to proceed for the American families. ceeding $100 million annually. Any with the issue that would result in the Mr. WAXMAN. Mr. Chairman, re- amendments that weaken one of these mandate. claiming my time, I thank the gen- Is it the gentleman’s concern that objectives effectively undermines the tleman for that clarification of what he forcing a vote on whether to proceed on other. I would say to my friend that one of the mandate would stop the debate on is trying to accomplish. Mr. DREIER. Mr. Chairman, I move the underlying, let’s say, environ- the important things that needs to be to strike the requisite number of mental provision that might require pointed out here is that the amend- private businesses to do something? words. ment does not in any way expand de- Mr. GILCHREST. Mr. Chairman, will Mr. Chairman, I would like to begin bate time. That is something that we the gentleman yield? by recognizing the very thoughtful and in the Committee on Rules will be Mr. WAXMAN. I yield to the gen- eloquent gentleman from Kentucky doing, and I am sure that when debate tleman from Maryland. (Mr. WHITFIELD). needs to be made in order, we in the Mr. GILCHREST. Mr. Chairman, that Mr. WHITFIELD. Mr. Chairman, will Committee on Rules want to do every- is exactly right. That is my concern. I the gentleman yield? thing we can to ensure that Members think we can have both. I would like to Mr. DREIER. I yield to the gen- have a chance to do that. have a discussion on the cost to the tleman from Kentucky. For example, without permitting a private sector, but certainly on the Mr. WHITFIELD. Mr. Chairman, I separate debate and vote on a costly need for the legislation. That debate rise today to speak on behalf of the mandate, little incentive exists for should continue as well. small business men and women committees to avoid the point of order Mr. WAXMAN. Mr. Chairman, re- throughout America. Small businesses by working with the affected groups to claiming my time, I appreciate the are responsible for two out of three develop cost effective alternatives. concern that is being expressed that we new jobs created in America today. The This point was made by the Acting do not want to clutter up the legisla- underlying legislation, the Mandates Director of the Congressional Budget tive process with votes, although I will Information Act, among its other at- Office in testimony before our Com- be offering an amendment shortly, if tributes, provides additional protection mittee on Rules last week. He said, there is an opportunity for it, that for small businesses of America that ‘‘Before proposed legislation is marked would require another vote if we are have borne the brunt of unreasonable up, committee staff and individual going to have an amendment that and costly Federal mandates for far too Members are increasingly requesting would weaken existing environmental long. our analysis about whether the legisla- legislation, so we can give the focus of This legislation would simply give tion would create any new Federal attention on that issue and understand Members the right to raise a point of mandates, and, if so, whether their the consequences and then have a sepa- order to any legislation that would re- costs would exceed the threshold set by rate vote on it. sult in costs of more than $100 million the Unfunded Mandates Reform Act. In I understand what is being said on for private entities, so it is important many instances, CBO is able to inform this question of whether the debate that we move forward with this legisla- the sponsor about the existence of a would be cut off. I do not think that tion to protect small businesses. mandate and provide informal guid- was the intention, but I have heard Mr. DREIER. Mr. Chairman, reclaim- ance on how the proposal might be re- what the gentleman from Maryland has ing my time, I thank my friend for his structured to eliminate the mandate or to say and what the gentleman from contribution. I would like to begin by reduce its cost. That use of UMRA New York (Mr. BOEHLERT) has to say, expressing my special commendation early in the legislative process appears and I am really concerned that we end to my very dear friend, the gentleman to have had an effect on the number up in that kind of situation where we from New York (Mr. BOEHLERT), and to and burden of intergovernmental man- do not get to the debate of the under- thank the gentleman for the fact that dates in enacted legislation.’’ lying proposal. It need not work that over the last several weeks he has I think that states it very clearly, way. But I think the Boehlert amend- worked with us to try and address his Mr. Chairman. The procedures of the ment does prevent us from getting into needs to this bipartisan measure that House provide sufficient protection that kind of a situation. I will support is before us. But it saddens me that de- against dilatory efforts to thwart de- the amendment for that reason. I think spite the gentleman’s efforts, I am bate on legislation that the majority of if it allows a greater debate, that is so compelled to oppose the amendment as Members have agreed to debate by vir- important to this body. we have discussed. tue of adopting a special rule. Mr. BOEHLERT. Mr. Chairman, will I do so for two reasons: One, because Moreover, the Committee on Rules the gentleman yield? it attempts to fix a problem that really spent two years developing, as I said, a

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2199 bipartisan plan which was adopted as of all legislation. The Boehlert amend- [Roll No. 15] the opening day rules package to ment ensures this will happen. It also AYES—210 streamline and simplify the rules of leaves entirely intact the provisions of Abercrombie Gutierrez Oberstar the House, to make them easier to un- concerned states and local govern- Ackerman Hall (OH) Obey derstand and more user friendly. ments about unfunded Federal man- Allen Hastings (FL) Olver The Boehlert amendment will simply Andrews Hilliard Ortiz dates. Baird Hinchey Owens recomplicate the rules of the House in Baldacci Hinojosa Pallone a well-meaning attempt to fix, as I said Baldwin Hoeffel Pascrell b 1115 in my opening, a problem that does not Barcia Holden Pastor exist. If the Chair rules that the CBO has Barrett (WI) Holt Payne Becerra Hooley Pelosi The CHAIRMAN pro tempore (Mr. determined that the measure will cost Bentsen Horn Phelps BRADY of Texas). The time of the gen- the private sector more than $100 mil- Bereuter Houghton Pomeroy tleman from California (Mr. DREIER) lion, we will debate the costs and the Berkley Hoyer Porter has expired. benefits. Without this amendment, no Berman Inslee Price (NC) Bilbray Jackson (IL) Quinn REIER (By unanimous consent, Mr. D evidence of cost is needed to raise a Blagojevich Jackson-Lee Rahall 1 was allowed to proceed for 1 ⁄2 addi- point of order. Anyone who opposes Blumenauer (TX) Ramstad tional minutes.) protecting the health of our children Boehlert Jefferson Rangel Mr. DREIER. Mr. Chairman, H.R. 350 Bonior Johnson (CT) Reyes could stop legislation with no evidence Borski Johnson, E. B. is carefully balanced to guarantee that Rivers of the costs. Boswell Jones (OH) Rodriguez the House is able to work its will, With the Boehlert amendment, we Boucher Kanjorski Rothman Brady (PA) Kaptur while providing a meaningful way to could continue to protect local govern- Roukema ensure that we here in the House can Brown (CA) Kelly Roybal-Allard ment from unfunded Federal mandates Brown (FL) Kennedy work our will while meaningfully pro- Sabo by eliminating unnecessary and hidden Brown (OH) Kildee Sanchez viding a way to ensure that Congress costs. This will be done by fair and Capps Kilpatrick Sanders acknowledges and fully debates the Capuano Kind (WI) Sawyer open debate on the issues, and without Cardin Kleczka Saxton consequences of new mandates on con- Castle Klink unduly slowing down the legislative Scarborough sumers, workers and small businesses. Clay Kucinich process. Schakowsky Clayton LaFalce Such mandates cost businesses, as Scott The Boehlert amendment protects Clyburn LaHood has been pointed out, consumers and Serrano Cook Lampson taxpayers, the economy, and the envi- Shays workers, about $700 billion annually, or Costello Lantos Sherman about $7,000 per household. That is ronment, and I urge my colleagues to Coyne Larson Slaughter support this amendment. Crowley LaTourette about a third the size of the entire Fed- Smith (MI) Cummings Leach eral budget. Mr. BOEHLERT. Mr. Chairman, will Smith (NJ) Davis (IL) Lee Smith (WA) It is important to note that H.R. 350 the gentleman yield? DeFazio Levin Snyder does nothing to roll back existing man- Mr. COOK. I yield to the gentleman DeGette Lewis (GA) Stabenow dates, nor does it prevent the enact- from New York. Delahunt Lipinski DeLauro Lowey Stark ment of additional mandates. As writ- Mr. BOEHLERT. Mr. Chairman, the Deutsch Luther Strickland ten in section 2 of the bill, ‘‘The imple- very distinguished chairman of the Dicks Maloney (CT) Stupak mentation of this act will enhance the Dingell Markey Tauscher Committee on Rules just said from the Taylor (MS) awareness of prospective mandates on Dixon Martinez well that this bill will enhance the Doggett Mascara Thompson (CA) the private sector without adversely awareness of the cost of the bill with- Doyle Matsui Thompson (MS) affecting existing environmental, pub- out in any way compromising or ad- Ehlers McCarthy (MO) Thurman Tierney lic health or safety laws or regula- versely affecting environmental, public Engel McCarthy (NY) Eshoo McDermott Towns tions.’’ health or safety considerations. Etheridge McGovern Udall (CO) Let me say that one more time, as I Let me suggest that I share his goal Evans McKinney Udall (NM) Upton did during the rules debate. ‘‘The im- in enhancing awareness of the cost of Farr McNulty plementation of this act will enhance Fattah Meehan Vela´ zquez the bill, but the bill is sadly deficient Filner Meek (FL) Vento the awareness of prospective mandates in terms of the potential benefits, and Forbes Meeks (NY) Visclosky on the private sector without adversely that is why every environmental public Ford Menendez Walsh Waters affecting existing environmental, pub- health and safety organization is Frank (MA) Millender- lic health or safety laws or regula- Franks (NJ) McDonald Watt (NC) strongly endorsing my amendment. Frelinghuysen Miller, George Waxman tions.’’ They want more debate, not less. They Frost Minge Weiner In other words, Mr. Chairman, H.R. Weldon (PA) want to continue discussion, not termi- Ganske Mink 350 is a straightforward, common sense, Gejdenson Moakley Wexler nate it. That is what this is all about: bipartisan bill that will make Congress Gephardt Moore Weygand full, open, and fair debate. Gilchrest Moran (VA) Wise more accountable by requiring more I thank my distinguished colleague Gilman Morella Wolf deliberation and more information Gonzalez Nadler Woolsey when Federal mandates are proposed. for yielding. Green (TX) Napolitano Wu I urge my colleagues not to under- Mr. COOK. Mr. Chairman, I thank my Greenwood Neal Wynn mine this very sound, bipartisan legis- colleague from New York for this im- NOES—216 lation. So I am compelled to urge a portant amendment. Aderholt Bonilla Coburn ‘‘no’’ vote on the amendment offered The CHAIRMAN pro tempore. The Archer Bono Collins by my friend from New York. question is on the amendment offered Armey Boyd Combest Bachus Brady (TX) Condit Mr. COOK. Mr. Chairman, I move to by the gentleman from New York (Mr. Baker Bryant Cooksey strike the requisite number of words. BOEHLERT). Ballenger Burr Cox Mr. Chairman, I rise in support of the The question was taken; and the Barr Burton Cramer Boehlert amendment to H.R. 350, the Barrett (NE) Buyer Crane Chairman pro tempore announced that Bartlett Callahan Cubin Mandates Reform Act. I believe the the noes appeared to have it. Barton Calvert Cunningham Boehlert amendment makes a good bill Bass Camp Danner RECORDED VOTE even better. This amendment accom- Bateman Campbell Davis (FL) plishes the bill’s goals of adding more Mr. BOEHLERT. Mr. Chairman, I de- Berry Canady Davis (VA) mand a recorded vote. Biggert Cannon Deal focused, better informed debate on Bilirakis Chabot DeLay measures that would cost industry A recorded vote was ordered. Bishop Chambliss DeMint money. The vote was taken by electronic de- Bliley Chenoweth Diaz-Balart Blunt Clement Dickey I support free, fair, open and in- vice, and there were—ayes 210, noes 216, Boehner Coble Dooley formed debate on the costs and benefits not voting 8, as follows:

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 2200 CONGRESSIONAL RECORD—HOUSE February 10, 1999 Doolittle Kolbe Rohrabacher prevents the imposition of, prohibits the use Condit-Portman bill. We do not affect Dreier Kuykendall Ros-Lehtinen of appropriated funds to implement, or how the bill would work for any new Duncan Largent Royce makes less stringent any Federal private Dunn Latham Ryan (WI) private-sector mandates. sector mandate established to protect human Edwards Lazio Ryun (KS) Instead, what my amendment would health, safety, or the environment’’ after Ehrlich Lewis (CA) Salmon do would merely extend the same pro- Emerson Lewis (KY) Sandlin ‘‘such fiscal year’’ and by inserting ‘‘or iden- English Linder Sanford tify any provision which removes, prevents tections to other issues that are of Everett Livingston Schaffer the imposition of, prohibits the use of appro- great importance to the American peo- Fletcher LoBiondo Sensenbrenner priated funds to implement, or makes less ple, requirements that had been estab- Foley Lucas (KY) Sessions stringent any Federal private sector man- lished under existing law to protect the Fossella Lucas (OK) Shadegg Fowler Manzullo Shaw date established to protect human health, public health, safety, and the environ- Gallegly McCollum Sherwood safety, or the environment’’ after ‘‘the esti- ment. Gekas McCrery Shimkus mate’’. This amendment is based on legisla- Gibbons McHugh Shows Page 6, lines 18, 20, 22, and 24, after ‘‘inter- Gillmor McInnis Shuster tion that is called the Defense of the governmental’’ insert ‘‘mandate’’ and after Environment Act, which is supported Goode McIntosh Simpson the closing quotation marks insert ‘‘and by Goodlatte McIntyre Sisisky inserting ‘mandate or removing, preventing by every major environmental group Goodling McKeon Skeen and the AFL-CIO and other outside or- Gordon Metcalf Skelton the imposition of, prohibiting the use of ap- Goss Mica Smith (TX) propriated funds to implement, or making ganizations as well. Because if we are Graham Miller (FL) Souder less stringent any such mandate established going to consider repealing current en- Granger Miller, Gary Spence to protect human health, safety, or the envi- vironmental or public health protec- Green (WI) Moran (KS) Stearns ronment’ ’’. Gutknecht Murtha Stenholm tions or safety protections or worker Hall (TX) Myrick Stump Page 6, line 23, strike ‘‘and’’. protections, we ought to do so with full Hansen Nethercutt Sununu Page 6, line 25, strike the period and insert information and adequate consider- Hastert Ney Sweeney ‘‘and’’. ation. Hastings (WA) Northup Talent Hayes Norwood Tancredo Page 6, after line 25, insert the following: It is the same rationale for the un- Hayworth Nussle Tanner (v) by striking ‘‘and’’ at the end of clause derlying bill. It is just common sense. Hefley Ose Tauzin (iii), by striking the period at the end of It addresses a serious problem with the Herger Oxley Taylor (NC) clause (iv) and inserting ‘‘and’’ and by add- way environmental policy has been de- Hill (IN) Packard Terry ing the following new clause after clause Hill (MT) Paul Thomas termined over the last 4 years. Hilleary Pease Thornberry (iv): During the last two Congresses, when Hobson Peterson (MN) Thune ‘‘(v) any provision in a bill or resolution, we looked at environmental legisla- Hoekstra Peterson (PA) Tiahrt amendment, conference report, or amend- Hostettler Petri Toomey ments in disagreement referred to in clause tion, we did not get a chance to con- Hulshof Pickering Traficant (i), (ii), (iii), or (iv) that prohibits the use of sider it separately, to debate it on its Hunter Pickett Turner appropriated funds to implement any Fed- merits, and then to vote on anti-envi- Hutchinson Pitts Walden eral private sector mandate established to ronmental riders. What we had were Hyde Pombo Wamp Istook Portman Watkins protect human health, safety, or the envi- provisions attached to appropriations Jenkins Pryce (OH) Watts (OK) ronment.’’. bills or other must-pass pieces of legis- John Radanovich Weldon (FL) Page 7, line 16, strike ‘‘one point’’ and in- lation. Johnson, Sam Regula Weller sert ‘‘two points’’ and on line 18, insert after What resulted often was absolutely Jones (NC) Reynolds Whitfield ‘‘(a)(2)’’ the following: ‘‘with only one point Kasich Riley Wicker no debate or consideration by the com- of order permitted for provisions which im- King (NY) Roemer Wilson mittee of jurisdiction. What also hap- pose new Federal private sector mandates Kingston Rogan Young (AK) pened was that we did not get a chance Knollenberg Rogers Young (FL) and only one point of order permitted for provisions which remove, prevent imposition to have a debate or vote on the House NOT VOTING—8 of, prohibit the use of appropriated funds to floor. Carson Lofgren Rush implement, or make less stringent Federal Just as the authors of this bill do not Conyers Maloney (NY) Spratt private sector mandates.’’. want us to pass mandates on the pri- Ewing Mollohan Mr. WAXMAN (during the reading). vate sector without a chance for con- b 1139 Mr. Chairman, I ask unanimous con- sideration and a vote, we feel the same Messrs. LIVINGSTON, HANSEN, and sent that the amendment be considered procedural assurances ought to be REYNOLDS changed their vote from as read and printed in the RECORD. given to those who are concerned about ‘‘aye’’ to ‘‘no.’’ The CHAIRMAN pro tempore (Mr. repealing existing laws that affect en- Mr. KLECZKA and Mr. SCAR- LAHOOD). Is there objection to the re- vironment, safety, and public health. BOROUGH changed their vote from quest of the gentleman from Cali- Let me talk about some of the exam- ‘‘no’’ to ‘‘aye.’’ fornia? ples that have happened in the last So the amendment was rejected. There was no objection. couple of Congresses. We had anti-envi- The result of the vote was announced Mr. WAXMAN. Mr. Chairman, this ronmental riders that increased clear- as above recorded. bill that we are considering today cut logging in our national forests. We would set the procedural hurdles in the had riders that would have crippled b 1145 way of legislation that would mandate protection of the endangered species AMENDMENT OFFERED BY MR. WAXMAN requirements on private businesses, and stall the Superfund program. We Mr. WAXMAN. Mr. Chairman, I offer what are called unfunded mandates. had provisions that would have hin- an amendment. The underlying rationale of the legis- dered our ability to ensure the ground- The Clerk read as follows: lation is that the Congress ought to be water protection from contamination Amendment offered by Mr. WAXMAN: sure of all the impacts of legislation from old nuclear facilities. We have Page 6, line 10, after ‘‘exceeded’’ insert ‘‘or before a vote is taken, especially if we blocked the regulation of radioactive that would remove, prevent the imposition are going to have an unfunded man- contaminants in drinking water and of, prohibit the use of appropriated funds to date. delayed our efforts to clean up air pol- implement, or make less stringent any such The amendment that I am offering in lution in the national parks. mandate established to protect human health, safety, or the environment’’. no way changes the underlying legisla- The defense of the environment tion. My amendment does not weaken amendment would not prohibit the Page 6, after line 10, insert the following new paragraph and renumber the succeeding H.R. 350 in any way. I want to repeat House from taking any of these steps paragraphs accordingly: that so that there is no confusion or passing any of these measures, but (4) MODIFICATION OR REMOVAL OF CERTAIN about what we are doing in offering it would guarantee that we at least MANDATES.—(A) Section 424(b)(1) of such Act what we call the defense of the envi- have the option of having an informed is amended by inserting ‘‘or if the Director ronment amendment. We do not change debate and a separate vote on these finds the bill or joint resolution removes, any of the procedural provisions in the proposals. It would at least give us an

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2201 opportunity to protect our clean air As I said in the debate over the pre- progress; to do for the private sector laws, our clean water laws, our toxic vious amendment, the 1995 legislation what we have already done for the pub- waste laws, and all of our laws that that enacted unfunded mandates legis- lic sector. I urge a no vote on the Wax- protect health and safety of workers lation with respect to $50 million of man amendment. and our families. cost on the private sector went into ef- Mr. MOAKLEY. Mr. Chairman, I The CHAIRMAN pro tempore. The fect on the 1st of January 1996. move to strike the last word. time of the gentleman from California We have had 3 years to see the bene- Mr. Chairman, as I said before, I sup- (Mr. WAXMAN) has expired. fits of that provision. On seven occa- port the idea behind requiring full dis- (By unanimous consent, Mr. WAXMAN sions, I think it is four by one party closure of unfunded mandates in the was allowed to proceed for 2 additional and three by another party, the point private sector. Giving Members more minutes.) of order has been raised. In all seven information about votes they are pre- Mr. WAXMAN. Mr. Chairman, I was cases, this House voted. After listening paring to cast only can improve our surprised when this amendment was to the debate in terms of the cost im- legislative process. narrowly defeated last year because it posed on the public sector or local or Mr. Chairman, the bill before us is a would take the same philosophy for un- state governments on the one hand and one-sided bill. It creates a hurdle for funded mandates, for economic consid- the benefits of the legislation on the bills which impose new requirements erations, and apply it to other equally other hand, this House moved on seven on private industry but it does nothing important values. occasions to move forward with the de- to bills which remove existing require- I want to emphasize again this bate and voted indeed on those man- ments. amendment would not prohibit Con- dates. By doing so, it takes the side of the gress from repealing or amending any An argument has been made that we industry over the American public. For environmental law. It places no new have imposed burdens and restrictions that reason, Mr. Chairman, I urge my burdens on any business, State, indi- on environmental issues through riders colleagues to support the amendment vidual, or federal agency. It would sim- on bills, but those riders are already of the gentleman from California (Mr. ply bring an informed debate and ac- subject to a point of order. That is leg- WAXMAN). countability to the process. islating on an appropriations measure. The Waxman amendment gives the Mr. Chairman, there is no question There is in the rule book of this same protection to the welfare of the the American people want Congress to House a provision that says any legis- American public as it does to the wal- protect public health and environment. lating in an appropriations bill is sub- lets of American industry. It requires The environment and our Nation’s pub- ject to a point of order. That has al- Members to stop and think before lic health is just as important to them ready been handled. as unfunded mandates. There is no question in some in- eliminating laws that protect health Over the years, we have seen that, stances there has been a waiver of and safety; just as the bill before us re- when Congress legislates in a delib- those points. That is a debate for the quires Members to stop and think be- erate, collegial, and bipartisan fashion, Committee on Rules and that debate is fore adding laws to protect public we are able to enact public health and carried out between the two parties health and safety. environmental protections that work and between the opposing views in the Mr. Chairman, if one has to slow well and are supported by both envi- Committee on Rules before those riders down before adding a law, one should ronmental groups and by business. or those points of order are waived. have to slow down before removing I ask all of my colleagues to support Lastly, let me just deal with an argu- one. this amendment and guarantee that ment that has come up over and over The idea of the gentleman from Cali- Congress does not unknowingly jeop- in both the Committee on Rules hear- fornia (Mr. WAXMAN) is a very good ardize America’s public health and the ings and the Committee on Rules de- one, which is supported by the Center environment. I urge support for this bate and on this floor. We are told that of Marine Conservation, the Environ- legislation. this is an effort to repeal current envi- mental Defense Fund, the League of Mr. LINDER. Mr. Chairman, I rise in ronmental health and safety measures. Conservation Voters, the National Re- opposition to the amendment. That is simply not the case. source Defense Council, Physicians for Mr. Chairman, I rise in opposition to I am reminded of a comment made Social Responsibility, the Sierra Club, the Waxman amendment because it by, I believe it was Aldous Huxley, the United States Public Interest creates a hurdle in this legislation that who, in responding to an argument, he Group, the AFL–CIO, AFSCME, United need not be. He argues that when bene- said, your argument is not right. It is Auto Workers, United Steelworkers of fits arise from an action of Congress it not even wrong. It is irrelevant. America, Consumers Union, Public does not have the same debate as the Those points are simply irrelevant to Citizens and the American Public cost, and that is simply just not a fair this bill. What we are only saying is, Health Association, just to name a few. or honest argument, simply because legislation that is good for the safety, My colleagues may wonder how an nobody brings a bill to the floor for the health or the environment of our amendment could have garnered the benefits without making that the base constituents will get to this floor. It support of such an impressive list of of the entire bill. will have a broad debate on the bene- public interest groups. The answer is The basis of the entire bill for bring- fits but if it imposes costs on the pri- very simple. This is a good amendment. ing benefits to our constituents or the vate sector, costs that we are unwilling b 1200 consumer is the basis of the argument to step up to the plate on this floor and and the debate. All we are saying in vote for in terms of taxes on our con- Over the last four years, my Repub- this bill is if that benefit one wants to stituents, we ought to have the debate lican colleagues have engaged in a very give to the consumers or to the con- on that, too. dangerous policy of attaching what are stituents in their district imposes costs We ought to have an informed de- known as environmental riders to bills on the private sector, that we are un- bate. We ought to make a vote on the that must be passed. And my colleague willing to tax our constituents to pay, floor of this House to move forward and my friend from the Committee on that ought to be subject to a point of with that debate on the benefits of the Rules said that ‘‘Of course, but the order for debate. That is all, subjected bill so that not only this House but the rules already stop that,’’ but I can to a point of order for debate. rest of the world will know that we show the Members many Committee on We are interested, as the gentleman know we are imposing those costs; we Rules debates where they are replete from California (Mr. WAXMAN) said, in think that the benefits outweigh costs with waivers of these so-called environ- putting hurdles in the way of imposing and we are willing to move ahead any- mental additions. costs on the private sector; hurdles, way. These bad pieces of legislation, which not roadblocks, not stoppages but hur- Mr. Chairman, I believe that this normally would die if left to stand dles. amendment is an effort to slow down alone, hitch a ride on a very important

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 2202 CONGRESSIONAL RECORD—HOUSE February 10, 1999 piece of legislation. And by riding on if they were stuck in an appropriations bill or because the measures would, at best, this very important piece of legisla- conference report. No longer would anti-envi- result in wasteful spending and unnec- tion, these bills manage to slip by ronmental riders be used to slip through legis- essary delays in addressing critical en- nearly unnoticed. That is, Mr. Chair- lation that could not possibly pass if it were vironmental problems and, at worst, man, until it is too late. considered as a free-standing bill. result in substantial devastation to Some of the riders which have par- Now, the House in recent years has kept its natural resources by permitting log- ticularly devastating effects on the riders to a minimum, and I know that that re- ging in national forests, allowing heli- people of Massachusetts include riders straint will continue under the Speaker copters to fly over natural wilderness to stop the regulation of radioactive HASTERT. But the other body has not always areas, or approving construction of contaminants in drinking water, riders felt so reluctant, and riders have continued to roads through national parks and other to stall the Superfund program, riders appear in conference reports. delicate ecosystems, just to mention a to lessen energy-efficient standards, I think the new point of order provided by few. and riders to prevent the Environ- the Waxman amendment will help leadership That is why the Republican majority mental Protection Agency from mak- achieve its goals of keeping riders off spend- continues to take a back-door approach ing sure old nuclear facilities do not ing bills. to rolling back environmental protec- contaminate groundwater. I urge my colleagues to support this ‘‘De- tions, that is, by trying to sneak in In short, Mr. Chairman, these envi- fense of the Environment’’ amendment. It will special-interest riders as provisions of ronmental riders are so dangerous to correct the imbalance in H.R. 350. It will end other more overarching bills. Last year public health and public safety that no the use of riders to weaken environmental pro- they tried to insert a record number of American citizen without a personal fi- tections. It will ensure that the House has over 40 stealth riders, some of which nancial interest in increasing pollution open and thorough debate on measures that would have had devastating effects on would support them. would weaken laws and rules that protect the the environment. The Waxman amendment says Con- public. We have to stop wasting taxpayer gress should stop and think before dis- Mr. PALLONE. Mr. Chairman, I dollars and end these stealth attempts mantling our environmental protec- move to strike the requisite number of to destroy the environment. Appropria- tions and our workers’ protections. His words. tions bills should be addressed in an amendment does not create any new Mr. Chairman, I urge my colleagues open, honest debate. The Waxman burdens on businesses, it does not pre- to join me today in supporting the amendment would force an open debate vent Congress from repealing any laws, Waxman ‘‘Defense of the Environment and an independent vote on every rider and it does not impose any new costs. Act’’ amendment to H.R. 350. It is that attempts to weaken 25 years of en- If a majority of the Congress still about time we pass this amendment. vironmental protection in this coun- wants to pass bills to lessen require- Democrats and moderate Republicans try. It would not necessarily prevent ments on businesses, it can do so. This are sick of the stealth attacks on envi- such riders from passing, but it would amendment just gives the American ronmental protection that continue to ensure that the public was made aware people a fighting chance. delay consideration of one appropria- of these issues that otherwise are lit- Mr. BOEHLERT. Mr. Chairman, I tions bill after another, year in and erally added into multi-billion dollar move to strike the requisite number of year out. appropriations packages at the elev- words. The Waxman amendment would enth hour. It also would ensure that Mr. Chairman, as a result of the ac- begin to reverse these stealth tactics the public knew how Members voted on tion on the last amendment, which by requiring any bill reported out of each one of these riders. passed by the narrowest of margins, we committee that might reduce environ- Mr. Chairman, we must safeguard our are now confronted with a bill that will mental protection to identify and as- natural resources for ourselves and our indeed create new points of order. I do sess these provisions. The amendment children and expose the Republican not think it is a very good idea. But I will also allow for open debate and majority’s efforts to derail our appro- strongly believe that if we are going to votes on legislation that removes or priations process. We must begin now create new points of order, they should weakens environmental health and by voting ‘‘yes’’ on this important be balanced. It is that fundamental safety laws. amendment before us. I urge my col- sense of fairness that lies behind the Mr. Chairman, in previous years the leagues to join me in supporting the Waxman amendment. Republican majority has attempted to Waxman amendment. H.R. 350 would make it more difficult quietly attach a number of anti-envi- Mr. LINDER. Mr. Chairman, will the to pass laws that protect health and ronmental riders to the annual appro- gentleman yield? safety and the environment. If we are priations bill, often at the last minute. Mr. PALLONE. I yield to the gen- going to do that, we ought to create an Not only is no one supposed to be able tleman from Georgia. additional point of order that will to legislate on an appropriations bill, Mr. LINDER. Mr. Chairman, I would make it harder to pass bills that would but such riders prevent an open and like to just point out that the use of weaken health and safety and environ- honest debate on measures that would riders on an appropriations bill is hard- mental protections. The Waxman have great impacts on environmental ly a new invention of the last four amendment would accomplish pre- natural resources, resources that most years. The Vietnam War funding was cisely that. people in this country value greatly. ended by a Democrat rider on an appro- For that reason, I rise in support of As I am sure we all remember from priations bill. the amendment. years past, similar efforts by the ma- Mr. PALLONE. Mr. Chairman, if I Mr. Chairman, I rise in strong support of this jority to gut the environment came to could take back my time and point out amendment. no good, eventually resulting in a gov- that now is the time to stop the proc- To be frank, I preferred my approach to ernmental shutdown in 1995. Last year, ess, and I think the Waxman amend- remedying this bill. Ideally, the House should again, so much time was wasted trying ment will go far towards making sure not use points of order as a substitute for sub- to search out these bad riders, bring that there is an open debate on these stantive debate. But my amendment was de- them to the public’s attention, face issues and not having this stealth proc- feated. And so now we are confronted with a presidential veto threats, and reexam- ess continue. bill that will indeed create new points of order. ine these bills that the Congress only Mr. MCCRERY. Mr. Chairman, I And the Waxman amendment would have finished its business after introducing move to strike the requisite number of an additional benefit. The amendment would several continuing resolutions. words. put an end to the use of riders to weaken en- But the majority has been found out. Mr. Chairman, the amendment that vironmental protections. Under the Waxman Citizens of this country realize that is before us really has very little to do amendment, legislative provisions that weaken these special-interest riders would with the legislation that is on the existing law would be subject to a vote—even never pass as freestanding legislation floor. In fact, I came and asked staff

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2203 why this amendment was even germane human health, safety, or the environ- The gentleman tried to make the to the legislation that is before us. And ment. case that CBO could make some sort of evidently there is a tangential ger- That is all we are talking about. So objective analysis. The gentleman’s maneness because of the tie-in to CBO, that what CBO is being asked to do is last phrase in his description of the re- but that very tie-in is the reason we simply to identify a provision, and that quirements of the amendment were ought to oppose this amendment, CBO. I suggest is well within its competence. ‘‘less stringent,’’ any provision that The amendment of the gentleman This amendment, the Waxman makes ‘‘less stringent’’ the environ- would require the Congressional Budg- amendment, takes common-sense steps mental or public health laws. et Office to make a subjective deter- to ensure that no legislation to weaken I would submit to the gentleman that mination of whether a bill or provision environmental protections can be ap- that phrase ‘‘less stringent’’ can be in in a bill weakens or strengthens any proved unless it is specifically consid- the eyes of the beholder. As testified environmental or public health law. ered and approved by the House. to, in fact, by CBO in hearings before Mr. Chairman, the CBO is not equipped Despite a public outcry over the last the Committee on Rules on this to make that kind of subjective deter- four years, the majority has tried to amendment, CBO, the witness, said mination. That is a matter for debate roll back environmental regulations. whether the benefits exceed the cost. on this floor, debate in the committees The 105th Congress saw too many But in many instances the benefits are of jurisdiction, not a matter for the harmful riders tacked onto must-pass in the eye of the beholder and are very CBO to determine and provide some appropriations bills. These hidden at- difficult to pin down in any kind of a subjective analysis that will be tacked tempts to weaken our environmental quantitative means. onto a bill that somebody can read on laws only work against the public in- So CBO has testified that they are the floor. CBO is there to provide ob- terest. not equipped to do this, it is a subjec- jective economic analysis, which is I would like to cite one example that tive analysis, and that ought to be left what the underlying bill asked them to is very important to my home State of to the Members of the House. do with respect to any bill that might Maine, and that is mercury pollution. Mr. ALLEN. Mr. Chairman, reclaim- affect in an economic way the private Maine suffers some of the worst mer- ing my time, I would simply point out sector. cury pollution in the United States, that the matter of identifying the ef- So this amendment, while we are not but Maine is not alone. Thirty-nine fect of a regulation is a lot easier than going to object to the germaneness, states have already issued health determining what the effect of the cost really has nothing to do with the un- advisories warning the public about may be, trying to evaluate the cost of derlying bill and it ought to be rejected consuming fish containing mercury. In particular legislation in the private because it asks the CBO to do some- some States, including Maine, every sector. I still believe this is the kind of thing that CBO is not designed or single lake, pond, stream, or river is relatively simple task that CBO can equipped to do. under a mercury advisory. perform. Any debate on whether a bill affects Now, why is this important? Last Mr. PORTMAN. Mr. Chairman, I adversely an existing public health pol- year’s VA–HUD appropriations bill con- move to strike the requisite number of icy or piece of legislation concerning tained language to prevent the EPA words. the environment ought to be debated from taking steps, from taking regu- Mr. Chairman, this is a very inter- among the Members of the House here latory action to limit pollution. The esting amendment. And my point is on the floor and in committee. EPA had already concluded that there simply, it does not fit here. The gen- So I would ask the Members to reject are serious health risks involved with tleman from Maine (Mr. ALLEN) just the Waxman amendment, A, because it mercury exposure and that contamina- talked about how CBO could do this. has nothing to do with the underlying tion is on the rise, but this language Talk to CBO and they will tell him, legislation; B, it adds nothing to the handcuffed the agency from curbing what CBO does is objectively look at legislation; C, it is bad policy to ask harmful emissions. cost information. They objectively the CBO to do something that they are We voted last year on that amend- look at economic information. This not supposed to do, they are not de- ment, on an amendment that would legislation is all about relying on the signed to do. have removed this particular language. Congressional Budget Office to do that So please, Mr. Chairman, allow me to But the vast majority of these anti-en- so that we can, for the first time, have urge our colleagues to come to the vironmental riders do not receive ade- better information and then have ac- floor, vote for common sense, let this quate debate or a separate vote. All en- countability as to how we deal with underlying legislation pass, and reject vironmentally harmful riders deserve that information. The Waxman amend- the Waxman amendment because it our most careful scrutiny. At the very ment is a whole other topic. simply has no place on this floor. least, we should ensure that the public I just want to raise an alternative. Mr. ALLEN. Mr. Chairman, I move to knows where this Congress stands on When appropriations bills are on the strike the requisite number of words. the important environmental issues floor of the House and the gentleman Mr. Chairman, I rise in support of the that affect our nation. from Maine (Mr. Allen) and the gen- ‘‘Defense of the Environment’’ amend- Now, I come from a State where tleman from California (Mr. WAXMAN) ment offered by the gentleman from George Mitchell and Ed Muskie helped and all the speakers who have sup- California (Mr. WAXMAN). I want to to write the clean air and clean water ported this have said this is really begin by responding to the analysis laws that now govern this country, and about appropriations bills, they have just made by the gentleman on the I am not going to stand by and watch focused, as I understand them, on the other side. an attempt, under cover of procedural VA–HUD and other agency appropria- His argument is that this analysis, laws, to try to unravel those protec- tions bill, which is where EPA is. this legislation, this amendment re- tions. I think that we need to ensure Those are always taken up under quires an analysis by CBO that is too that the debate over environmental open rules. There is certainly no his- complex for CBO to undertake. The policy is open and direct. tory that I am aware of since I have truth is that the analysis is very sim- I urge Members to support the Wax- been here where it has not been an ple because all that is required of CBO man amendment. open rule. It has never been restricted. is to identify, that is the word in the Mr. MCCRERY. Mr. Chairman, will We have restricted some appropria- amendment, to ‘‘identify’’ any provi- the gentleman yield? tions bills, and they have been the leg- sion which removes, prevents the impo- Mr. ALLEN. I yield to the gentleman islative branch bill and the foreign ops sition of, or prohibits the use of appro- from Louisiana. bill, period. The others are open. priated funds to implement or makes Mr. MCCRERY. Mr. Chairman, I Any Member can offer a motion to less stringent any Federal private-sec- thank the gentleman from Maine (Mr. strike. If there is an environmental tor mandate established to protect ALLEN) for yielding. rider, which seems to be the focus of

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 2204 CONGRESSIONAL RECORD—HOUSE February 10, 1999 this amendment to legislation that ment that changes the whole direction hind a procedural vote or dealing with really does not relate to Mr. WAXMAN’s of the bill and takes us off in another the process which oftentimes does not concern, then any Member can offer a direction when it is not even necessary let the public know exactly what it is motion to strike and knock that rider because we can already do it under our we have done or what positions we out and have a full debate on it, and we rules seems to me to make no sense at have taken. do it regularly. all. Therefore, Mr. Chairman, I would When we legislate on appropriations Mr. Chairman, I urge the Members of urge support of the Waxman amend- bills, even if the point of order is this House to look very carefully at ment. waived, and of course we know there is what is being done here and to ask Ms. GRANGER. Mr. Chairman, I a point of order on legislating on ap- themselves cannot this be done move to strike the requisite number of propriations bills, but even when it is through existing procedures, number words. waived by the rule and even when rule one; and, number two, do we really Mr. Chairman, I rise in opposition to passes, which would be two other op- want to add this burden that cannot be the amendment offered by my friend, portunities to have that happen, you done by the Congressional Budget Of- the gentleman from California (Mr. still have that motion to strike. fice to this legislation making the leg- WAXMAN). As a former mayor, I can tell islation ultimately unworkable? my colleagues that the unfunded man- b 1215 Mr. DAVIS of Illinois. Mr. Chairman, dates law was one of the most impor- That is where we ought to be address- I move to strike the requisite number tant reforms that Congress has ever ing these problems. We ought not to be of words. passed. It was important because it doing it in the context of the private Mr. Chairman, I rise in support of the forced Congress to vote on new man- sector or the public sector mandates Waxman amendment to the Mandates dates that would be imposed on our bill. It is an entirely different analysis. Information Act and echo the senti- State and our local governments, and CBO will tell us they cannot do it. ments of those who believe that some by forcing Congress to vote on these They will ask these questions: of the greatest legislative efforts of mandates Congress would think before Okay, who is going to determine this Nation, some of our finest mo- it mandated. whether a mandate is actually weak- ments and hours of promoting social Some predicted that the effect of this ened? and economic progress, have come law would be to undermine health, Is that driven by a reduction in di- from this body and, oftentimes, right safety and environmental laws. They rect or indirect cost to the private sec- off the floor of this House. We have leg- were wrong. All that this law did was tor? islated in the public interest cleaner to make Congress think before it man- What if the private sector has be- air, cleaner water, enforced civil dates. Today this bipartisan mandate come more efficient in implementing rights, protected public health and reform legislation does the same thing. the mandate? We all want to encourage safety. We have come a long way, and It makes Congress stop and think be- that; do we not? obviously we have made some progress fore it imposes private sector man- What if that has happened? How do in these areas. But we still have a long dates. It will not stop us from imposing we analyze that? way to go. It is my hope that during new laws to protect health, safety or Are those costs netted out from the this session of Congress we will debate the environment. It will not stop any Congressional Budget Office state- issues like the Patients’ Bill of Rights, new laws. But what it will do is require ment? an increase in the minimum wage, de- the Congress to vote on new private Is there some credit given to the pri- fense of the environment and other im- sector mandates that are imposed on vate sector for doing that? portant measures. However this bill, our small businessmen and women. Cost reductions always mean benefits this bill provides a legislative vehicle, Like the unfunded mandates law, it to healthy environment are weakened? a opportunity for Members to maneu- requires us to think before we man- I thought the goal was to get the great- ver around, kill or delay important date. The Waxman amendment re- est benefit for the least cost. That is health and safety protections without moves the most important part of this what we say we encourage we want to directly voting against them and with- legislation, the requirement that Con- do around here. out a full and fair debate. Mr. Chair- gress thinks before it mandates. It This process that the gentleman from man, this bill inappropriately raises eliminates the accountability provi- California (Mr. WAXMAN) sets up indi- expense concerns above health and sion, and this is wrong. cates a direct relationship always be- safety in the public interest. Mr. Chairman, as a mayor, a small tween cost reductions and weakened So I ask my colleagues: At what ex- business person and as a mother, I benefits, and that may or may not pense are we talking when we talk strongly support a safer, healthier exist. It just does not fit with this leg- about the cost of gambling away the America. I will always support laws islation. There are other ways to deal health and safety of our Nation’s chil- that keep our air clean and our rivers with it. We do so in the House all the dren, our Nation’s workers, our fami- healthy and our environment safe. But time through appropriation bills by of- lies who rely upon basic protections? today I stand before my colleagues be- fering a motion to strike. We cannot put a cost on improving liv- cause I have another role. I am a rep- I would just say that again it is a ing and working conditions. How high resentative, and I believe that all of us very interesting debate we are having, is high? How low is low? owe it to our constituents to think be- it is a topic that is worthy of debate. I Finally, this bill concentrates on the fore we impose new mandates on them. know the gentleman is sincere about hardships placed on businesses, but it I urge my colleagues to vote in favor his concern about riders on appropria- completely ignores the benefits of feed- of the Mandate Information Act and tion bills. This is not the right place to ing the hungry, or looking after the against the Waxman amendment, and I bring up this legislation. We have needs of those who must have their will remind my colleagues the fol- worked with CBO over the last 4 or 5 health and safety preserved, or improv- lowing groups are scoring this amend- years on the public sector, now the pri- ing the environment and our Nation’s ment and this final vote: vate sector legislation. We have precious natural resources, protecting The U.S. Chamber of Commerce, worked with the parliamentarian. We public health and safety and enforcing The National Federation of Inde- have done the hard work to come up the rights of all of our citizens. Yes, we pendent Business, with a balanced product. We have need to make sure that we provide op- The American Farm Bureau, worked with the Committee on Rules. portunity for businesses to grow and The Small Business Legislative A substantial majority of the Com- develop and thrive, but we also need to Council, mittee on Rules has supported us in make sure that we have the tools to Citizens for a Sound Economy, our efforts and refined this legislation. vote on these basic proposals on the The National Restaurant Associa- To come to the floor with this amend- basis of merit rather than hiding be- tion,

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2205 The National Retail Federation, appropriations bill where the opportu- to unfunded mandates, another very The Associated Builders and Contrac- nities to debate are sometimes none important consideration when this tors, and sometimes very limited. Instead Congress legislates. These are not in- The American Subcontractors Asso- the majority party tucks these into the consistent, they are not at odds with ciation, largest bill, with the must-pass appro- one another. We are simply saying that The National Association of the Self- priation bills, into bills at the end of the same kind of opportunity should be employed, the session, with total disregard for the given for this kind of debate. In poll The National Association of Manu- impact on the environment, and those after poll we see that the American facturers, are colleagues here in the House of people self identify themselves as and the National Roofing Contrac- Representatives. Very often again strong environmentalists deeply con- tors Association. these legislative riders are sent over to cerned about the environment. Even Mr. GEORGE MILLER of California. us in legislation that comes from the when we pit them against a tradeoff for Mr. Chairman, I move to strike the Senate where again the opportunity is jobs in a local area, they want the en- requisite number of words. not debated. We may have debated vironment protected, they do not want Mr. Chairman, I rise in strong sup- these riders openly here on the floor of national laws weakened. And yet we port of the Waxman amendment. It is the House, we may have knocked out a see contrary to those actions and those an important amendment, and I think number of these riders in the various desires by the American people the ef- it is very consistent with the under- appropriation bills, and then in the om- forts to slide in riders that are not lying debate before us concerning un- nibus bill at the end of the year these open to the debate, and that is why I funded mandates. Congress should be riders are reinserted into that legisla- would encourage my colleagues to sup- required to pay close attention to the tion, we are not given an opportunity port the Waxman amendment. effect of legislation on the environ- to debate them, and the legislation is 1230 ment and on public health just as it passed because it is an up-or-down b should be required to pay close atten- vote. Ms. SCHAKOWSKY. Mr. Chairman, I tion to the impacts of its decisions on This is not a contest between un- move to strike the requisite number of the private sector or the public sector funded mandates and the environment. words. as required in the previous legislation In many instances these two situations Mr. Chairman, this body expresses its and the legislation before us today. rise separate of one another. But this is fundamental values and its priorities This amendment is here because time about whether or not, as we do the peo- in a number of ways. I feel privileged and again we have seen matters of the ple’s business here, we will have the op- today as a new Member to have an op- environment and public health come portunity to raise these environmental portunity to speak for the first time on before the Congress with little or no and public health issues and have free an issue that so clearly gets to the debate, in some instances with no un- and fair debate on those issues. Over question of what is really important to derlying hearings. Legislative riders the last several years this has simply us, what are the priorities, what is that deal with the fundamental and not been the case. Last year the omni- most important? basic underlying environmental laws of bus appropriation bill was riddled with Without a doubt, the cost to business this country are sneaked into the ap- anti-environmental riders, preventing is an important consideration when we propriations bill. With no debate at all the tightening of the fuel economy look at legislation, but H.R. 350 raises attempt is made to weaken these laws stands, opening the coastal barriers to the cost to business as the most impor- concerning clean water, clean air, toxic development, increasing logging and tant. It raises it above all other consid- waste, brown fields, forests, safeguards enabling oil and gas industries to es- erations. It makes it a top priority, the and food safety. Time and again these cape paying what they owe the govern- only separate hurdle that we create. matters have been brought to the floor ment. The Waxman amendment is also I rise to support the defense of the with no provisions in their rules for de- critical because many of times in the environment amendment offered by the bate. Very often we find that they are committee in which I serve, the Com- gentleman from California (Mr. WAX- hidden away in the report language so mittee on Resources, legislation is MAN) because it establishes that in ad- we cannot get to them when we debate passed regarding the actions to be dition to cost to business, that we as a them on the floor of the House of Rep- taken by the Federal Government or Nation are concerned about the cost to resentatives and we cannot vote on private party, and the committee sim- the safety of the workers in those busi- these matters directly. We very often ply declares that those acts are suffi- nesses, the impact on the air that we find that we are limited in the time in cient under the Endangered Species breathe, the health of our citizens. which we can discuss them, and they Act or sufficient under the National The amendment would allow Mem- have huge impacts on our natural envi- Environmental Protection Act. The bers the same opportunity to raise a ronment and our public health and on majority party in that case has made point of order to block legislation that taxpayers. no showing that they are in fact suffi- would take away existing public pro- That is why we need the Waxman cient under either of those acts. They tections. We can demonstrate our bal- amendment, so we will have the oppor- simply declare without any debate, anced view on what is most important tunity to discuss these critical issues without discussion, without any vote to this country, what is most impor- in the light of day. that those actions are sufficient, and tant to our families and to our chil- There are two reasons why these that is why we need the Waxman dren, by supporting the Waxman changes in environmental laws are amendment. amendment. often not brought before the Congress Historically, when we have taken The CHAIRMAN pro tempore (Mr. in freestanding bills under the legisla- these kinds of actions, when we added LAHOOD). The question is on the tive rules that would allow free and these kinds of riders, we usually have amendment offered by the gentleman open debate on the provisions. One is gone back and had to spend millions of from California (Mr. WAXMAN). that the anti-environmental legisla- dollars to try to make up for those The question was taken; and the tion would fail if it stood on its own in mistakes and the errors that were Chairman pro tempore announced that the light of day as a freestanding legis- caused because those riders were of- the noes appeared to have it. lation. Yet it is that the majority fered with no ability to debate them. RECORDED VOTE party does not want to openly be seen The Waxman amendment is an oppor- Mr. HALL of Ohio. Mr. Chairman, I as trying to repeal Environmental tunity to give the environment the demand a recorded vote. Health Protection Act, so rather than kind of priority that the American peo- A recorded vote was ordered. put up with the debate, put up with ple attach to the subject, to give it the The vote was taken by electronic de- that characterization, put up with the same kind of priority that the pro- vice, and there were—ayes 203, noes 216, facts of the debate, they put this into ponents of this legislation wish to give not voting 14, as follows:

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 2206 CONGRESSIONAL RECORD—HOUSE February 10, 1999 [Roll No. 16] Fossella Lewis (CA) Ryan (WI) (1) by striking ‘‘the provision’’ after ‘‘if ’’; Fowler Lewis (KY) Ryun (KS) (2) in clause (i)(I) by inserting ‘‘the provi- AYES—203 Franks (NJ) Linder Salmon sion’’ before ‘‘would’’; Frelinghuysen Livingston Abercrombie Gutierrez Obey Sandlin Gallegly LoBiondo Sanford (3) in clause (i)(II) by inserting ‘‘the provi- Ackerman Hall (OH) Olver Ganske Lucas (KY) Schaffer sion’’ before ‘‘would’’; and Allen Hastings (FL) Ortiz Gekas Lucas (OK) Sensenbrenner (4) in clause (ii)— Andrews Hill (IN) Owens Gibbons Baird Hilliard Manzullo Sessions (A) by inserting ‘‘that legislation, statute, Pallone Gillmor Baldacci Hinchey McCollum Shadegg or regulation does not provide’’ before ‘‘the Pascrell Gilman Baldwin Hinojosa McCrery Shaw State’’; and Pastor Goode Barcia Hoeffel McHugh Sherwood (B) by striking ‘‘lack’’ and inserting ‘‘new Payne Goodlatte Barrett (WI) Holden McInnis Shimkus Pelosi Goodling or expanded’’. Becerra Holt McIntosh Shuster Peterson (MN) Gordon Bentsen Hooley McIntyre Simpson The CHAIRMAN pro tempore. If Phelps Goss Berman Horn McKeon Sisisky Pomeroy Graham there are no other amendments, the Bilbray Hoyer Metcalf Skeen Price (NC) Granger question is on the committee amend- Bishop Inslee Mica Smith (MI) Rahall Green (WI) Blagojevich Jackson (IL) Miller (FL) Smith (TX) ment in the nature of a substitute. Ramstad Greenwood Blumenauer Jackson-Lee Miller, Gary Souder The committee amendment in the Rangel Gutknecht Boehlert (TX) Mollohan Spence Hall (TX) nature of a substitute was agreed to. Bonior Jefferson Reyes Moran (KS) Stearns Hansen Borski Johnson (CT) Rivers Murtha Stenholm Mr. CRAMER. Mr. Chairman, I rise today in Hastings (WA) Boswell Johnson, E. B. Rodriguez Myrick Stump Hayes support of H.R. 350, the Mandates Information Boucher Kanjorski Roemer Nethercutt Sununu Hayworth Act of 1999. This legislation is the result of a Boyd Kaptur Rothman Ney Sweeney Hefley Brady (PA) Kelly Roukema Northup Talent bipartisan effort between my fellow Blue Dog, Herger Brown (CA) Kennedy Roybal-Allard Norwood Tancredo Representative GARY CONDIT, and Represent- Hill (MT) Brown (FL) Kildee Sabo Nussle Tanner Hilleary ative ROB PORTMAN. Brown (OH) Kilpatrick Sanchez Ose Tauzin Hobson Campbell Kind (WI) Sanders Oxley Taylor (NC) In 1995, Congress passed the Unfunded Hoekstra Capps Kleczka Sawyer Packard Terry Mandates Reform Act (UMRA). This bill, even- Hostettler Capuano Kucinich Saxton Paul Thomas Houghton tually signed into law, has successfully limited Cardin LaFalce Scarborough Pease Thornberry Hulshof the imposition of unfunded Federal mandates Castle Lampson Schakowsky Peterson (PA) Thune Hunter Clay Lantos Scott Petri Tiahrt on state and local governments. This legisla- Hutchinson Clayton Larson Serrano Pickering Toomey tion was uniformly hailed by elected officials in Hyde Pickett Traficant Clyburn Lazio Shays Istook Pombo Turner my District and across the country who, for too Conyers Leach Sherman Jenkins Porter Upton Costello Lee Shows long, had to bear the brunt of unfunded man- John Portman Walden Coyne Levin Skelton dates. Johnson, Sam Crowley Lewis (GA) Pryce (OH) Walsh Slaughter Kasich H.R. 350 builds on the success of UMRA by Cummings Lipinski Quinn Wamp Smith (NJ) King (NY) Davis (FL) Lowey Radanovich Watkins requiring Congress to deal honestly with Fed- Smith (WA) Kingston Davis (IL) Luther Regula Weldon (FL) eral mandates imposed on the private sector. Snyder Knollenberg DeFazio Maloney (CT) Reynolds Weller Stabenow Kolbe The bill directs the Congressional Budget Of- DeGette Markey Riley Whitfield Stark Kuykendall fice and congressional committees to assess Delahunt Martinez Rogan Wicker Strickland LaHood DeLauro Mascara Rogers Wilson the impact of private sector mandates con- Stupak Largent Deutsch Matsui Rohrabacher Wolf tained in legislation reported to the House and Tauscher Latham Dicks McCarthy (MO) Ros-Lehtinen Young (AK) Taylor (MS) LaTourette Senate for consideration. For mandates that Dingell McCarthy (NY) Royce Young (FL) Thompson (CA) Dixon McDermott exceed $100 million, it allows any Member of Thompson (MS) NOT VOTING—14 Doggett McGovern Congress to force a separate debate and vote Thurman Dooley McKinney Bachus Jones (NC) Pitts Tierney specifically on whether to consider legislation Doyle McNulty Berkley Jones (OH) Rush Towns to impose such a mandate on the private sec- Edwards Meehan Brady (TX) Klink Spratt Engel Meek (FL) Udall (CO) Carson Lofgren Watts (OK) tor. This legislation ensures that Members of Eshoo Meeks (NY) Udall (NM) Davis (VA) Maloney (NY) Congress will have the most factual informa- Vela´ zquez Etheridge Menendez tion possible on the effects of private sector Evans Millender- Vento b 1249 Visclosky mandates. Farr McDonald Mr. EWING changed his vote from Fattah Miller, George Waters Opponents of this legislation claim it will un- Watt (NC) ‘‘no’’ to ‘‘aye.’’ Filner Minge dermine important public safety and environ- Forbes Mink Waxman So the amendment was rejected. mental laws. This is simply not true. This bill Ford Moakley Weiner The result of the vote was announced Weldon (PA) will, however, cause this body to carefully re- Frank (MA) Moore as above recorded. Frost Moran (VA) Wexler view the costs of legislation on employers, Weygand Stated for: Gejdenson Morella employees, and consumers. The intent of this Gephardt Nadler Wise Ms. BERKLEY. Mr. Chairman, during rollcall bill is to promote compromise and to mitigate Gilchrest Napolitano Woolsey vote No. 16, I was unavoidably detained. Had Gonzalez Neal Wu the effects of unintended costs on the private Green (TX) Oberstar Wynn I been present, I would have voted ‘‘aye.’’ sector, not to undermine our important public Mrs. JONES of Ohio. Mr. Chairman, during safety laws. NOES—216 rollcall vote No. 16, I was unavoidably de- I commend my colleague from California Aderholt Burr Crane tained. Had I been present, I would have and my colleague from Ohio for crafting this Archer Burton Cubin voted ‘‘yes.’’ Armey Buyer Cunningham important piece of legislation and I look for- Stated against: Baker Callahan Danner ward to supporting its passage. Mr. WATTS of Oklahoma. Mr. Chairman, on Ballenger Calvert Deal Mr. VENTO. Mr. Chairman, H.R. 350 is mis- Barr Camp DeLay rollcall No. 16, I was unavoidably detained. Barrett (NE) Canady DeMint Had I been present, I would have voted ‘‘no.’’ guided legislation that could delay and hand- Bartlett Cannon Diaz-Balart The CHAIRMAN pro tempore (Mr. cuff this Body to prevent the passage of sound Barton Chabot Dickey policy and laws. H.R. 350 ignores history and Bass Chambliss Doolittle LAHOOD). Are there any other amend- Bateman Chenoweth Dreier ments? dooms Congressional ability to respond to a Bereuter Clement Duncan If not, the Clerk will designate sec- crisis. Many of my Colleagues have only Berry Coble Dunn served during the good economic times of the Biggert Coburn Ehlers tion 5. Bilirakis Collins Ehrlich The text of section 5 is as follows: Clinton recovery and were not here for the Bliley Combest Emerson tough periods of the Reagan recession. If SEC. 5. FEDERAL INTERGOVERNMENTAL MAN- Blunt Condit English DATE. more of you had been here during those Boehner Cook Everett times, perhaps this ill-conceived legislation Bonilla Cooksey Ewing Section 421(5)(B) of the Congressional Bono Cox Fletcher Budget Act of 1974 (2 U.S.C. 658(5)(B)) is would not be scheduled to accelerated consid- Bryant Cramer Foley amended— eration.

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00018 Fmt 0688 Sfmt 9920 E:\BR99\H10FE9.000 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2207 While some tout the virtues of private profits The premise behind H.R. 350 is simple, but floor. Rather what should be the order of the over government regulations, I urge the mem- its consequences will be dire. Any member day is deliberate action, fair debate, and rules bers to consider the S&L crisis and the impact who believes that a piece of legislation will di- to let the body work its will. But this GOP ma- that this legislation would have had on such rectly cost the private sector $100 million or jority continues down the road dreaming up matter. As Members may recall, this too was more, whether the Congressional Budget Of- ways to sidestep issues, avoid facing ques- an era that placed profits ahead of sound reg- fice concurs or not, may raise a point of order, tions, and voting on the merits of issues all in ulation. In an atmosphere of anything goes, debate this point, and then a simple majority the name of process. The ‘‘majority’’ in this risky investments and profit driven decisions vote could halt any further consideration of House is aiding and abetting the special inter- led high flying thrifts across the country to risk this legislation. The Boehlert amendment was ests. This measure is just another attempt to everything at the altar of profit. That philos- intended to rectify this flaw. This is, for all in- sidestep a straight vote for fair consideration ophy led to invevitable failures that cost the tents and purposes, a simple, yet effective of a bill. Between the closed rules, riders, and American taxpayer over $150 billion to main- stall tactic—the House’s answer to the Sen- out right obfuscation cementing in place super tain the promise of savings deposit insurance. ate’s filibuster. Now some of this may be majorities, one would think the GOP was not Only through the passage of the Financial In- changed, but placing the House in a straight just planning to be in the minority, but prac- stitutions Reform, Recovery and Enforcement jacket of procedures such as this simply frus- ticing such a rule today. The public sees Act (FIRREA) was Congress and the banking trates the role of the House to write laws. through this conduct and hopefully will be regulators able to respond and to stem the H.R. 350 can and will prevent the enact- happy to accommodate such behavior in the flow of taxpayer dollars. ment of very important social and environ- next general polling. FIRREA was controversial and only passed mental legislation including the Clean Water with strong bipartisan support and the active Act, Clean Air Act, nursing home standards, Mr. CASTLE. Mr. Chairman, I rise in support support of the Bush Administration. It was and transportation projects. It would provide of the Boehlert amendment to H.R. 350. It tough medicine for the thrift industry but the those who continue to fight for the social and perfects the important goal of this legislation to remedial steps in this crucial law had to be environmental welfare of the people and their require Congress to focus even more closely taken. Only through this legislation were fed- land another procedural obstacle with which to on the costs that would be imposed on an in- eral regulators given the authority that they contend. dustry or small business sector if a particular needed to bring rogue thrifts under control. The passage of H.R. 350, without Mr. WAX- legislative proposal is enacted into law. However, if H.R. 350 had been the law of the MAN’s amendment would leave us powerless I strongly support the goal of H.R. 350 and land, the strong FIERRA measure in all prob- to debate anti-environmental riders inserted in I applaud Mr. PORTMAN and Mr. CONDIT’s hard ability would not have been enacted into law. appropriations measures. The passage of this work on this issue. I voted for the Mandates Instead of enacting an effective law, Congress amendment is essential. It provides for an in- Information Act in the 105th Congress and I would have gotten entwined in a debate on a formed debate and accountable vote on legis- would like to do so again. However, I am not procedural motion. Accountability of individual lation that repeals private sector mandates convinced that the bill’s provision to allow members would have been replaced with par- that protect the public’s health and safety and major legislation to be pulled from the floor liamentary hair splitting, rendering this Con- the environment. In 1998 alone, the League of after 20 minutes debate on a point of order is gress incapable of action in the face of crisis Conservation Voters reported more than 40 needed to protect private industry. I believe having the life sucked out through needless riders that would have weakened public health the Boehlert amendment would address this procedural votes leaving a hollow shell instead and public land protection were attached to problem. of a tough law and action. approriations bills ranging from stalling Super- First, the Boehlert amendment will allow 20 H.R. 350 implies a rigid standard that does fund reform to increasing the clear cutting of minutes of additional debate on the cost issue not recognize the need for prompt legislative our national forests. No one under current beyond the time for general debate. This is action in times of a fiscal crisis. On such a se- House rules was allowed the opportunity to consistent with the stated purpose of the Man- rious flaw alone this measure should be re- debate and have a separate vote on these dates Information Act. jected out of hand. Furthermore no sound measures. If enacted, Mr. WAXMAN’s amend- critieria are established to serve as a ref- ment will allow us to debate and vote on a Section 3 of the bill states that its purpose erence of information upon which to base rider that neither the committee of jurisdiction is to provide more complete information about such cost numbers. nor the full House has been allowed to review. the effects of private mandates and ensure fo- Its inherent flaws may still be remedied to It costs no money, burdens no business, and cused deliberation on those effects. It seeks to bring some semblance of merit and balance to takes no authority or power away from Con- distinguish between mandates that harm con- this process. Sound criteria and addressing a gress. It simply provides an avenue for mem- sumers, workers, and small businesses, and real problem in the congressional process. bers to discuss, debate, and vote on question- mandates that help those groups. That is why I strongly supported the Boehlert able riders. Some opponents argue it would Second, there is more accountability with amendment and especially the Waxman delay action because of the need to have sub- the Boehlert amendment. H.R. 350 would amendment. The Waxman amendment’s pur- stantive information. In other words, don’t look allow any Member to claim the proposed bill pose is clear—to extend the procedural safe- before you jump; this argument flies in the would impose $100 million in expense without guards of the Unfunded Mandates Reform Act face of the common sense Waxman amend- any independent verification. In contrast, the to preserve the environment and protect the ment result. Boehlert amendment would require CBO, in public’s health and safety. It is time to bring The Framers of the Constitution realized the most cases, to verify that the bill or amend- the focus of debate back to the American peo- necessity of incorporating a system of checks ment indeed imposes $100 million in private ple, the people who vote for you and I with the and balances between the three branches of sector costs. This is something CBO already logical expectation to be represented in this government to allow our Nation to remain bal- does and would not gut the bill. chamber, and to reject the interest groups that anced, steady, and constant. want to trump public policy and legislative ac- We need to restore this balance to the Third, the Boehlert amendment prevents the tion with a procedural gauntlet. During my ten- House of Representatives and bring the rules of debate in the people’s House from ure in the House, I have become keenly chance for fair debate back to all of us today, being tilted in one direction or the other. It aware of the American public’s passion to pre- not tomorrow. Don’t hide your actions and pol- keeps the playing field level. It keeps the de- serve and protect the environment and welfare icy acts in the by-lines of a multi-volume ap- bate going. of our fellow citizens, and time after time I propriations measure. Stand at the podium I have heard many assert that the private have helplessly watched anti-environmental and debate your ideas in a fair and democratic sector needs this bill to level the playing field riders especially in the past four years quietly way, the way the framers of our constitution with the public sector. After all, we have a law slip into important but unrelated spending envisioned. You can do that by voting in favor which allows a Member to raise a point of measures without deliberations, discussion, of the Waxman amendment and not disabling order when Congress is debating legislation debate without a vote, or input from those who measures by attempting to catch in a web of that would impose a $50 million mandate on seek to fulfill their role and promise as rep- process. the public sector. Why not give the private resentatives of the American people and their This Congress doesn’t need more ways to sector the same privilege when twice that will. frustrate the writing of law and action on the amount will be imposed on them?

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Like Mr. PORTMAN and Mr. CONDIT, I was a The SPEAKER pro tempore (Mr. Ose Salmon Tanner Oxley Sanchez Tauscher KOLBE). Under the rule, the previous strong advocate of limiting the Federal Gov- Packard Sandlin Tauzin ernment’s ability to pass on unfunded man- question is ordered. Paul Sanford Taylor (MS) dates to State and local governments. Con- The question is on the committee Pease Scarborough Taylor (NC) gress and the executive branch too often set amendment in the nature of a sub- Peterson (MN) Schaffer Terry Peterson (PA) Sensenbrenner standards for Federal programs and then sim- stitute. Thomas Petri Sessions Thompson (CA) ply passed on their implementation to the The committee amendment in the Pickering Shadegg Thornberry States, resulting in a distortion of our Federal nature of a substitute was agreed to. Pickett Shaw Thune Pitts Sherwood Thurman system of government. The SPEAKER pro tempore. The Pombo Shimkus Tiahrt The Federal Government does sometimes question is the engrossment and third Pomeroy Shows Toomey Porter Shuster place unfair costs on the private sector. This reading of the bill. Traficant Portman Simpson is often done in an effort to correct a problem The bill was ordered to be engrossed Turner Price (NC) Sisisky Upton such as pollution or to protect other aspects of and read a third time, and was read the Pryce (OH) Skeen the public’s health and safety. The Federal third time. Quinn Skelton Walden Walsh Government can and must do a better job of The SPEAKER pro tempore. The Radanovich Smith (NJ) Ramstad Smith (TX) Wamp balancing public health and safety concerns question is on the passage of the bill. Regula Smith (WA) Watkins with the costs we impose on business, particu- The question was taken; and the Reyes Snyder Watts (OK) larly small business. The Federal Government Speaker pro tempore announced that Reynolds Souder Weldon (FL) Weldon (PA) still finds ways to add multiple layers of bu- the ayes appeared to have it. Riley Spence Rivers Stabenow Weller reaucracy and paperwork burdens that no RECORDED VOTE Roemer Stearns Weygand businessman, especially a small businessman, Mr. LINDER. Mr. Speaker, I demand Rogan Stenholm Whitfield Wicker should have to suffer. a recorded vote. Rogers Strickland However, any Member of Congress who Rohrabacher Stump Wilson A recorded vote was ordered. Roukema Sununu Wise has sat through a committee markup on any The vote was taken by electronic de- Royce Sweeney Wolf important business issue knows that virtually vice, and there were—ayes 274, noes 149, Ryan (WI) Talent Young (AK) Ryun (KS) Tancredo Young (FL) every industry and business sector makes its not voting 11, as follows: views known forcefully to Congress. Legisla- [Roll No. 17] NOES—149 tion often stalls, sometimes with good reason, AYES—274 Abercrombie Gephardt Moakley because a particular business sector makes Ackerman Gilchrest Mollohan the case it is unfair to them. I am not con- Aderholt DeMint Hyde Allen Gonzalez Morella Archer Deutsch Istook Baird Greenwood Nadler vinced that we need an automatic vote on the Armey Dickey Jackson-Lee Baldacci Gutierrez Napolitano floor after only 20 minutes of debate if a busi- Bachus Dooley (TX) Baldwin Hall (OH) Neal ness or industry simply asserts it will cost over Baker Doolittle Jenkins Barrett (WI) Hastings (FL) Oberstar $100 million, without any demonstrable proof. Ballenger Doyle John Becerra Hilliard Obey Barcia Dreier Johnson (CT) Berkley Hinchey Olver Congress and Federal agencies must focus Barr Duncan Johnson, Sam Berman Hoeffel Owens their attention on reforming these outdated Barrett (NE) Dunn Jones (NC) Bilbray Holt Pallone regulatory schemes and replacing them with Bartlett Ehlers Kasich Blagojevich Horn Pascrell Barton Ehrlich Kelly Blumenauer Hoyer Pastor ‘‘market based’’ regulatory systems—ones that Bass Emerson Kind (WI) Boehlert Inslee Payne will provide the same public benefit for half the Bateman English King (NY) Bonior Jackson (IL) Pelosi cost. Bentsen Etheridge Kingston Borski Jefferson Phelps Rather than limiting the process of debate Bereuter Everett Knollenberg Boucher Johnson, E. B. Rahall Berry Ewing Kolbe Brady (PA) Jones (OH) Rangel on laws which impact the private sector, Con- Biggert Fletcher Kuykendall Brown (CA) Kanjorski Rodriguez gress must find ways to change industry in- Bilirakis Foley LaHood Brown (FL) Kaptur Ros-Lehtinen centives from avoiding regulation to rewarding Bishop Ford Largent Brown (OH) Kennedy Rothman Bliley Fossella Latham Capuano Kildee Roybal-Allard companies that are innovative in their control Blunt Fowler LaTourette Cardin Kilpatrick Sabo of waste streams. It should start with reform- Boehner Franks (NJ) Lazio Clay Kleczka Sanders ing one of the most costly, slow, and unneces- Bonilla Frelinghuysen Leach Clayton Klink Sawyer sarily expensive laws on the books—super- Bono Gallegly Lewis (CA) Clyburn Kucinich Saxton Boswell Ganske Lewis (KY) Conyers LaFalce Schakowsky fund. Tackling specific problems like superfund Boyd Gekas Linder Coyne Lampson Scott is how we can best help give our constituents Bryant Gibbons Lipinski Crowley Lantos Serrano relief from the unintended consequences of Burr Gillmor Livingston Cummings Larson Shays Burton Gilman LoBiondo Davis (IL) Lee Sherman Federal laws, not by forcing legislation to be Buyer Goode Lucas (KY) DeFazio Levin Slaughter pulled from the floor after only 20 minutes of Callahan Goodlatte Lucas (OK) DeGette Lewis (GA) Stark debate. Calvert Goodling Luther Delahunt Lowey Stupak In closing, if you believe in more debate, Camp Gordon Maloney (CT) DeLauro Markey Thompson (MS) Campbell Goss Manzullo Diaz-Balart Martinez Tierney more accountability, a level playing field of de- Canady Graham McCarthy (MO) Dicks Mascara Towns bate vote for the Boehlert amendments and Cannon Green (TX) McCarthy (NY) Dingell Matsui Udall (CO) then support H.R. 350. Capps Green (WI) McCollum Dixon McDermott Udall (NM) The CHAIRMAN pro tempore. Under Castle Gutknecht McCrery Doggett McGovern Vela´ zquez Chabot Hall (TX) McHugh Engel McKinney Vento the rule, the Committee rises. Chambliss Hansen McInnis Eshoo McNulty Visclosky Accordingly, the Committee rose; Chenoweth Hastert McIntosh Evans Meehan Waters and the Speaker pro tempore (Mr. Clement Hastings (WA) McIntyre Farr Meek (FL) Watt (NC) Coble Hayes McKeon KOLBE) having assumed the chair, Mr. Fattah Meeks (NY) Waxman Coburn Hayworth Metcalf Filner Menendez Weiner LAHOOD, Chairman pro tempore of the Collins Hefley Mica Forbes Millender- Wexler Committee of the Whole House on the Combest Herger Miller (FL) Frank (MA) McDonald Woolsey State of the Union, reported that that Condit Hill (IN) Miller, Gary Frost Miller, George Wu Cook Hill (MT) Minge Gejdenson Mink Wynn Committee, having had under consider- Cooksey Hilleary Moore ation the bill (H.R. 350) to improve con- Costello Hinojosa Moran (KS) NOT VOTING—11 gressional deliberation on proposed Cramer Hobson Moran (VA) Andrews Edwards Rush Federal private sector mandates, and Crane Hoekstra Murtha Brady (TX) Granger Smith (MI) Cubin Holden Myrick Carson Lofgren Spratt for other purposes, pursuant to House Cunningham Hooley Nethercutt Cox Maloney (NY) Resolution 36, he reported the bill back Danner Hostettler Ney to the House with an amendment Davis (FL) Houghton Northup b 1311 Davis (VA) Hulshof Norwood adopted by the Committee of the Deal Hunter Nussle Ms. MILLENDER-MCDONALD changed Whole. DeLay Hutchinson Ortiz her vote from ‘‘aye″ to ‘‘no.’’

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2209 So the bill was passed. Whereas King Hussein became the longest and former President Carter to King The result of the vote was announced serving head of state in the Middle East, Hussein’s funeral as the Speaker’s rep- as above recorded. working with every United States President resentative. A motion to reconsider was laid on since Dwight D. Eisenhower; World leaders, and there were many Whereas under King Hussein, Jordan has who attended the funeral, were all pro- the table. instituted wide-ranging democratic reforms; Stated for: Whereas throughout his life, King Hussein foundly saddened by the loss on Sun- Mr. EDWARDS. Mr. Speaker, during rollcall survived multiple assassination attempts, day, February 7 of His Majesty, King vote No. 17 on H.R. 350, I was unavoidably plots to overthrow his government and at- Hussein bin Talal al-Hashem of Jordan. detained. Had I been present, I would have tacks on Jordan, invariably meeting such at- We are today considering S. Con. Res. voted ‘‘aye.’’ tacks with fierce courage and devotion to his 7 which honors the life and legacy of Mr. COX. Mr. Speaker, on rollcall No. 17, I Kingdom and its people; King Hussein, extending the deepest Whereas despite decades of conflict with sympathies and condolences of the was inadvertently detained. Had I been the State of Israel, King Hussein invariably present, I would have voted ‘‘aye.’’ United States Congress to Her Majesty, maintained a dialogue with the Jewish state, Queen Noor, King Abdullah, and the f and ultimately signed a full-fledged peace entire Hashemite family, and all citi- treaty with Israel on October 26, 1994; PERSONAL EXPLANATION Whereas King Hussein has established a zens of Jordan during this most dif- Mr. BRADY of Texas. Mr. Speaker, on roll- model for Arab-Israeli coexistence in Jor- ficult period. S. Con. Res. 7, sponsored by Majority call Nos. 16 and 17, I was unavoidably de- dan’s ties with the State of Israel, including Leader LOTT, notes King Hussein’s il- tained. Had I been present, I would have deepening political and cultural relations, growing trade and economic ties and other lustrious, dedicated service to the peo- voted ‘‘no’’ on rollcall vote No. 16, and ‘‘yes’’ major accomplishments; ple of Jordan, and his commitment to on No. 17, final passage. Whereas King Hussein contributed to the peace throughout the Middle East, ex- f cause of peace in the Middle East with tire- pressing our admiration for King Hus- less energy, rising from his sick bed at the sein’s enlightened leadership in his GENERAL LEAVE last to assist in the Wye Plantation talks be- pursuit of peace. Mr. PORTMAN. Mr. Speaker, I ask tween the State of Israel and the Palestinian Authority; It also expresses our support for the unanimous consent that all Members new government of Jordan under King may have 5 legislative days within Whereas King Hussein fought cancer with the same courage he displayed in tirelessly Abdullah and reaffirms our commit- which to revise and extend their re- promoting and making invaluable contribu- ment to strengthening the relationship marks and include extraneous material tions to peace in the Middle East; between our two nations. on H.R. 350, the bill just passed. Whereas on February 7, 1999, King Hussein Mr. Speaker, King Hussein was pro- The SPEAKER pro tempore (Mr. succumbed to cancer in Amman, Jordan: claimed Jordan’s monarch in 1952 at BURR of North Carolina). Is there ob- Now, therefore, be it the very young age of 17 following the jection to the request of the gentleman Resolved by the Senate (the House of Rep- assassination of his grandfather, King from Ohio? resentatives concurring), That the Congress— Abdullah, and the medically required There was no objection. (1) extends its deepest sympathy and con- dolences to the family of King Hussein and abdication of his father, Talal. King f to all the people of Jordan in this difficult Hussein became the longest serving head of state in the Middle East and HONORING THE LIFE AND LEGACY time; (2) expresses admiration for King Hussein’s had a personal relationship with every OF KING HUSSEIN IBN TALAL enlightened leadership and gratitude for his United States President beginning with AL-HASHEM support for peace throughout the Middle President Eisenhower. Mr. GILMAN. Mr. Speaker, I ask East; In a region rife with political in- unanimous consent that it be in order (3) expresses its support and best wishes for trigue, King Hussein was a true sur- to consider Senate Concurrent Resolu- the new government of Jordan under King vivor, displaying pinpoint tactical abil- Abdullah; tion 7 in the House, and that the pre- (4) reaffirms the United States commit- ity to survive multiple assassination vious question be considered as ordered ment to strengthening the vital relationship attempts and plots to overthrow his on the concurrent resolution to final between our two governments and peoples. government. He courageously defended adoption without intervening motion SEC. 2. The Secretary of the Senate is di- his kingdom and its people even when, except for 1 hour of debate, equally di- rected to transmit an enrolled copy of this on occasion, his decisions differed with vided and controlled by myself and by resolution to the family of the deceased. those of our own government. the gentleman from Connecticut (Mr. b 1315 King Hussein dedicated his life to bringing peace and stability to Jordan GEJDENSON). The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Is there and to the entire Middle East. He suc- BURR of North Carolina). Pursuant to ceeded through the sheer force of will, objection to the request of the gen- the order of the House today, the gen- tleman from New York? as well as his dedication, his persist- tleman from New York (Mr. GILMAN) ence, and his vision for a brighter fu- There was no objection. and the gentleman from Connecticut Mr. GILMAN. Mr. Speaker, pursuant ture. (Mr. GEJDENSON) each will control 30 to the order of the House of today, I Under his leadership, Jordan matured minutes. from its beginnings as a desert king- call up the Senate concurrent resolu- The Chair recognizes the gentleman tion (S. Con. Res. 7) honoring the life dom to one of the leading nations of from New York (Mr. GILMAN). and legacy of King Hussein ibn Talal the Middle East. King Hussein insti- GENERAL LEAVE al-Hashem, and ask for its immediate tuted wide-ranging democratic re- consideration. Mr. GILMAN. Mr. Speaker, I ask forms, and a friendship between our The SPEAKER pro tempore. The unanimous consent that all Members Nation and Jordan grew even stronger Clerk will report the Senate concur- may have 5 legislative days within based on mutual respect and our com- rent resolution. which to revise and extend their re- mon interests. The Clerk read the Senate concur- marks on S. Con. Res. 7. This enduring partnership bodes well rent resolution, as follows: The SPEAKER pro tempore. Is there for cooperation and development in objection to the request of the gen- Jordan as we witness a transition to S. CON. RES. 7 tleman from New York? King Hussein’s eldest son and heir, Whereas King Hussein ibn Talal al-Hashem There was no objection. King Abdullah. was born in Amman on November 14, 1935; Mr. GILMAN. Mr. Speaker, I yield Throughout King Hussein’s reign, his Whereas he was proclaimed King of Jordan in August of 1952 at the age of 17 following myself such time as I may consume. search for peace was everlasting. De- the assassination of his grandfather, King Mr. Speaker, I was privileged to ac- spite decades of conflict with Israel, Abdullah and the abdication of his father, company President Clinton, former King Hussein maintained secret con- Talal; President Bush, former President Ford, tacts with Israeli leaders throughout

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 2210 CONGRESSIONAL RECORD—HOUSE February 10, 1999 the years. Under his leadership, a his- AMERICAN JEWISH COMMITTEE MOURNS KING Mr. Speaker, people all over the toric peace treaty was signed between HUSSEIN OF JORDAN, HAILING HIS COURA- world mourn the death of Jordan’s Jordan and Israel on October 26, 1994, GEOUS EMBRACE OF TRUE PEACE WITH King Hussein. He was, as my distin- which King Hussein termed his crown- ISRAEL, guished colleague, the gentleman from New York, Feb. 5.—The American Jewish ing achievement and which today New York (Mr. GILMAN), has just said, Committee today mourned the death of His serves as a model for Arab-Israeli co- Majesty King Hussein of Jordan. The organi- a man of honor, a man of wisdom, and existence. zation’s President, Bruce M. Ramer, and Ex- beyond everything else, he was a man Mr. Speaker, in all probability, the ecutive Director, David A. Harris, issued the of peace. Wye River Memorandum between following statement: I was deeply honored to help rep- Israel and the Palestinian Authority ‘‘The American Jewish Committee mourns resent this House, along with the gen- last October would not have been with the subjects of His Majesty King Hus- tleman from New York (Chairman GIL- sein, and all peace-loving people, the un- MAN), at the King’s funeral. It was a signed had it not been for King Hussein timely passing of this extraordinary leader, who rose from his hospital bed at the very sad, sobering, but moving experi- whose statesmanship forever altered the ence to see the leaders of the world, Mayo Clinic to travel to the Wye Plan- stale dynamic of Arab-Israeli relations. tation to inspire its participants. ‘‘In his courageous embrace of real peace kings and princes and presidents and prime ministers from every continent, Throughout his life, King Hussein with Israel, King Hussein led his nation to- small countries, large countries. It was was renowned as a man of courage, of ward a new Middle East, in which Arab and Jew would not only reconcile but join hands, an amazing collection of the most pow- wisdom, dignity, and strength. All of respecting each other’s rights and borders erful people on our planet. us recognize the extraordinary impact and working together against the ominous The funeral procession itself, it was that King Hussein had on the people of forces—hate, violence, greed and poverty— solemn. It was simple. But in its sim- Jordan, on our own Nation, and upon that stalk the region. That his noble vision plicity and its solemnity, it was majes- the world. This measure before us remains only partly fulfilled is a summons to tic. It was not just presidents and assures the citizens of the Hashemite all of us to redouble our efforts, together, for kings, but it was people from everyday Kingdom of Jordan that the friendship, the cause of peace he so bravely championed. life who had traveled to Amman out of support, and assistance of our Nation ‘‘In the years since the October 1994 treaty between Jordan and Israel, King Hussein love and respect and out of sadness. will continue as part of King Hussein’s demonstrated in ways both grand and inti- Not just friends, but strangers, and, legacy to its people. mate his commitment to true peace—inter- yes, even enemies. Mr. Speaker, one of the noblest men rupting his medical treatment to help Presi- President Asad from Syria was there. I have had the privilege of knowing is dent Clinton, Prime Minister Netanyahu, And I was told it had been the first and Chairman Arafat conclude the Wye now destined for the ages. When the time that President Asad had appeared King addressed Congress after the an- River agreement last October; visiting the families of Israeli schoolchildren murdered at any meeting where Israelis and nouncement that peace with Israel had by a crazed Jordanian soldier two years ago; Israeli government officials were been achieved, he said, and I quote, eulogizing, with majestic eloquence, his present. The Israeli government and ‘‘The two Semitic peoples, the Arabs ‘brother’ in the search for peace, Prime Min- the Israeli Society sent a broad spec- and the Jews, have endured bitter ister Rabin. trum of individuals. All their can- trials and tribulations during their ‘‘My colleagues and I were privileged to didates for the prime minister’s job journey through history.’’ meet with His Majesty from time to time, in were there as well as religious leaders our country and his. We will cherish our own ‘‘Let us resolve to end this suffering memories of his wisdom and compassion as and others who had played an impor- forever and to fulfill our responsibil- he articulated in these discussions his bold tant role in the history between these ities as leaders of our peoples, and our vision of cooperation across the Jordan two countries. duty as human beings toward man- River and throughout the Middle East. As we In death, as in life, King Hussein kind.’’ mourn this great leader, and as we strive, as brought people together. He was an ex- Mr. Speaker, I hope that all of us will Americans and as Jews, for new under- traordinary man. Like all of us, he standing and an enduring peace between take those words to heart and carry on made mistakes, but he learned from Arabs and Israelis, we look forward to our them. He grew as a man and as a lead- the legacy that King Hussein be- continuing work with the government and queathed to us and the world. Accord- the people of the Hashemite Kingdom of Jor- er. It was one of the most interesting ingly, I urge my colleagues to lend dan. and moving parts of his reign to watch their full support to S. Con. Res. 7. ‘‘We express our profound sympathy to His him grow from a young man, not a boy, Majesty’s family and to all his people at this but a young man of 17 who took the Mr. Speaker, it was my solemn duty and time of great sadness.’’ thrown and matured in a most amazing honor to represent this House with my distin- Mr. Speaker, I yield the balance of way to understand and grasp the mean- guished colleague Mr. BONIOR, the Minority my time to the gentleman from Cali- ing and the power of peace. It takes Whip, and Presidents Clinton, Ford, Bush, and fornia (Mr. CAMPBELL) a member of our more courage to make peace than war. Carter, at the funeral on Monday of His Maj- committee, and I ask unanimous con- Writing of King Hussein and the late esty King Hussein of Jordan, a leader of vision sent that he be permitted to yield time Prime Minister Yitzhak Rabin, Tom and courage and a true friend of the United to other Members. Friedman of the New York Times States. The SPEAKER pro tempore. Is there wrote, and I quote, ‘‘There is some- In the course of that funeral and from all objection to the request of the gen- thing about watching these graybeards corners of the world, there have been many tleman from California? standing up, breaking with the past, of- fitting tributes to the man who ruled Jordan for There was no objection. fering a handshake to a lifelong foe and 47 years and made his country a partner with Mr. CAMPBELL. Mr. Speaker, I re- saying: Enough. I was wrong. This war the United States and with Israel for peace in serve the balance of my time. is stupid. It keeps alive the idea that the Middle East. One of those tributes was Mr. GEJDENSON. Mr. Speaker, the anything is possible in politics, even in issued by the American Jewish Committee, an breadth in this institution of respect Middle East politics.’’ organization committed to strengthening the for King Hussein is reflected by the King Hussein inspired us all with his U.S.-Jordan relationship in the context of its Members across the political spectrum courage. Instead of looking backward support for a secure and lasting peace for who are here. with bitterness, he chose to look for- Israel, containment of radical movements and Mr. Speaker, I yield 7 minutes to the ward with hope and with possibility. regimes, and stability in a region vital to U.S. gentleman from Michigan (Mr. King Hussein’s death makes the interests. BONIOR), the minority whip, for his peace process in the Middle East more I wish to call my colleagues’ attention to the statement. challenging than ever. We ask our- following statement, issued by the American Mr. BONIOR. Mr. Speaker, I thank selves how can such a man ever be re- Jewish Committee upon the death of King the gentleman from Connecticut for placed. The gentleman from New York Hussein: yielding me this time. (Mr. GILMAN) I think said it very well.

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2211 When the Wye Accords were floun- Minnesota as anywhere in the United a few moments because I think it spoke dering at the retreat in the eastern States. And I always knew when he was so much about the man. We went into shore of the Chesapeake Bay not many in town because this big, beautiful air- a very modest house, stucco house that months ago, a retreat that was meant plane that he was so proud of was there was in construction, certainly did not to breathe some life into a dying proc- at the Rochester Airport. Many people look palatial. And he sat down, he did ess that could have resulted in cata- may not know it, but he was very fond not even have a servant at the time, strophic consequences, not only for the of flying that Lockheed L–1011 all the and he poured his tea. And in the countries involved, but for the broader way from Jordan to Rochester, Min- course of the conversation, he invited world, when that process was just nesota. We regret that, in the end, the us to visit the palace but he said, about to collapse, the President called procedures that were attempted to save ‘‘Make sure you come during the day King Hussein at the Mayo clinic in his life were not successful. so you do not wake up the children.’’ Rochester, New York and asked him to But I rise today to speak on behalf of Because he and Queen Noor had visited come. The King said ‘‘Of course I will my constituents because many of them an orphanage, and seeing the condition come if you think it could help.’’ The got a chance to meet King Hussein and of the children, they were moved to President’s response was ‘‘Of course it his Queen wife and the rest of the royal give over their palace, to turn it into will help,’’ because he understood and family and all the people from Jordan an orphanage. knew how much respect the King had who came with him, and they were al- They did that. And when we drive up among the players in this ever-flowing ways impressive. In fact, in the last the driveway, this palatial driveway, and ever-ongoing struggle for peace in several years sometimes literally he we have to drive real slow because the this region. and his wife would rent a little red children are running around in little So the King, dying and ill, came and Volkswagen Beetle and they would scooters, playing, having fun. And spent time. Of course it was impossible travel around southeastern Minnesota when we walk in and see the way that in his presence for those that were par- and many people got a chance to meet each one of those children were being ticipating to have walked out and to him, and everyone who did was im- treated, it reflects how he wanted his deny the work that was necessary to pressed with his humanity and the way people treated, with the kindness and keep the peace together. that he dealt with people. All the peo- gentleness and respect for all human So the question of whether or not he ple who touched King Hussein were im- beings that defined his philosophy. can be replaced or not is a good ques- pressed by him and his gentleness. That is why he was so important to all tion. Of course he cannot. But he also He was in many respects a dichot- of us. showed us that one person can make a omy. He was a king and yet he had the A good friend who lives in Northern difference, that each of us, through our common touch. He was trained as a Virginia, Najeeb Halaby, was the fa- work and our lives, can leave the world warrior but he spent most of his life ther-in-law of King Hussein. Mr. a better place. He demonstrated that fighting for peace. He was a pilot and Halaby is the father of Queen Noor and all of us can grow from experience and yet he was down-to-earth. He stood the father-in-law of King Hussein. And reach out to those with differences. barely five-foot-five inches tall and yet I know that, given all the conflict and Each of us must remember the example he will be remembered as a giant of the chaos and the challenge that his that King Hussein set and recommit this century. daughter has confronted with her part- ourselves to peace. We mourn his loss today. We share ner, that he recognizes that his daugh- Mr. Speaker, I support this resolu- the pain of his family and of his people. ter was married to a great man and tion in his honor. I send, again, my We must now renew his commitment to that in fact, because of their leader- condolences to his family, to the Queen humanity and his commitment to ship, because of their legacy, the peo- who has acquitted herself with so much peace. ple of Jordan will spread the message grace and so much power and who her- Mr. GEJDENSON. Mr. Speaker, I of human rights, respect for all people, self has devoted her energies to peace, yield 4 minutes to the gentleman from particularly women, will in fact move active in the campaign against land Virginia (Mr. MORAN). the Middle East into an environment of mines and other endeavors. Mr. MORAN of Virginia. Mr. Speak- peace and justice. I extend my condolences to the er, I certainly thank the very distin- That is his legacy. We thank him for Queen’s mother and father, very lovely guished ranking member of the Com- it. people who I had a chance to meet and mittee on Foreign Relations and his Mr. CAMPBELL. Mr. Speaker, I re- to talk with on the way over, and of staff. serve the balance of my time. course to the King’s children and to Mr. Speaker, I wanted to speak to Mr. GEJDENSON. Mr. Speaker, I the people of Jordan. this because King Hussein’s passing yield myself such time as I may con- should not go unrecognized by any of sume. b 1330 us, because he made a difference with Mr. Speaker, I think that for all of I also would like to say that I sup- his life and he left a legacy that will us, what is clear here is that this was port President Clinton’s call for assist- shine brightly in the history books. He no ordinary world leader. World leaders ing Jordan by helping to pay down its was a kind and gentle man but also a who pass on are often mourned in their debt, to improve economic ties, and strong and courageous person. He was a countries and there is often some ref- doing our part to keep the peace proc- leader in a part of the world and at a erence abroad. But in the case of King ess moving forward. time that desperately needed strong Hussein, his personal courage and com- The King’s legacy is one of tolerance and good leadership. mitment to his people and the peace and friendship and hope for peace. We It is said that he was very tough, but process has I think touched people can best honor his memory by working he was not ruthless. They tell a story across the globe. to make his great vision a reality. of one of his political opponents who I join my colleagues in offering con- Mr. CAMPBELL. Mr. Speaker, I yield worked for years to undermine him, to dolences to his wife, Her Majesty 5 minutes to the gentleman from Min- overthrow his regime. He was jailed Queen Noor al-Hashem; and our con- nesota (Mr. GUTKNECHT). and prosecuted, of course. But when he gratulations and pledge of support to Mr. GUTKNECHT. Mr. Speaker, I was let out of prison, King Hussein in- His Majesty King Abdullah, the second thank the gentleman for yielding. I vited him to his home and they sat ibn al-Hashem. thank the chairman for bringing this down and had tea together and dis- We have a commitment in the Middle resolution to the floor today. cussed their differences. It was that East as a country, and our interests I rise as a representative of Roch- kind of toughness but goodness that and the interest of peace have been ester, Minnesota. And over the last 7 to sustained his kingdom. furthered by King Hussein’s great cour- 10 years, King Hussein probably spent The last time I talked with him I age, a young man who saw his grand- about as much time in my district in wanted to share with my colleagues for father assassinated as he stood next to

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 2212 CONGRESSIONAL RECORD—HOUSE February 10, 1999 him. In a Middle East coming out of co- his nation as we work together to keep strengthen the relations that exist between us lonial borders that continued to change his legacy ongoing. in Jordan and throughout the Middle East, so and turmoil that left thousands in cri- Mr. GEJDENSON. Mr. Speaker, I that all our peoples may benefit from them. sis and often in death, King Hussein yield back the balance of my time. King Hussein chose to reject violence, be- continued a steady march, defending Mr. CAMPBELL. Mr. Speaker, I yield cause it was just such violence that propelled his country, trying to make his coun- myself such time as I may consume. him into power. With the world watching, he trymen’s lives better, and always try- I would simply conclude the debate bravely chose to reject violence and to em- ing to take the boldest steps for peace. on our side by saying that it is my brace peace, and in 1994 showed remarkable Often I think people misunderstood prayer and I think the prayer of every courage when Jordan became only the sec- his own quiet nature and did not under- American that the God of Abraham, ond Arab country to sign a peace agreement stand his great strength. It is clear the God of Israel, the God of Jacob, the with Israel. globally today that he has set an exam- God of Ishmael, and the God of the King Hussein rejected violence and em- ple not just for Jordan and his son who Prophet Muhammad, will welcome into braced peace. He showed his compassion is now king or for the crown prince but his kingdom and give to him the re- and deep understanding when another violent for all of us who try to participate in ward promised to a peacemaker, King act saw the 1997 murder of seven Israeli public service. Hussein of Jordan. school girls. He rejected the violence but em- Mr. Speaker, I yield 3 minutes to the Mr. ORTIZ. Mr. Speaker, King Hussein was braced peace when he traveled to Israel to gentlewoman from Texas (Ms. JACK- a man who personified the dignity of public visit with the families of the young victims and SON-LEE). service. He will be sorely missed as a world so joined in their mourning. Ms. JACKSON-LEE of Texas. Mr. leader and diplomat for world peace. Leading He led by example to his people and to the Speaker, I thank the gentleman from up to several months before his passing King world at large, but especially in the Middle Connecticut for yielding. Hussein was still leading the charge to bring East. And even as the mantle of leadership for I think it is important that we rise peaceful stability to the Middle East. I would the Hashemite Kingdom of Jordan was passed and acknowledge the special place that like to extend my sincere sympathy to the from then King Abdullah to King Hussein, so King Hussein had in this world along King’s family. I know that his son will carry on is the mantle now passed to his son, King with his beloved people. My sympathy his legacy. Abdullah Bin Al-Hussein. goes to Queen Noor and to the wonder- Mr. RAHALL. Mr. Speaker, I rise in celebra- In memory of King Hussein’s true commit- ful family of children and the family of tion of the life of a true hero of the Middle ment to the peace process and to the strong Jordan, who loved this king. My remarks are directed to America. East, a true patriot, a beloved leader of his relationship we have forged with Jordan, I ex- For it is important for us to realize the people, friend and ally of the United States, tend the hand of conciliation to his son, King wisdom, the greatness, the history of King Hussein Ibn Talal al-Hashem of the Abdullah, and offer him my prayer for God’s those who live outside of our bound- Hashemite Kingdom of Jordan. mercy, my support and my friendship as he aries. King Hussein was a special per- I believe it was when, at the most tender strives to ensure that his Father’s dream of a son, small in stature, but took up the age of 15, as his grandfather King Abdullah just and lasting peace in the Middle East be- leadership role of a great nation in his was assassinated before his eyes while vis- comes a reality. late teens. This is a remarkable accom- iting the holy site of the Al Aqsa Mosque, that His Majesty King Abdullah, the eldest son plishment and one that our young peo- this future King of Jordan had his great appointed by King Hussein before his death, ple should look to for the fact that he strength of character forged in steel. received his education in England and in was a teenager but yet had the respon- Over his nearly 50-year reign as Jordan’s America, and prior to his appointment served sibility for leadership of a nation. Monarch, King Hussein met many challenges as the Commander of the Royal Jordanian The nation grew with the king. The to his rule as a true patriot, with benevolence Special Forces where he honed his leadership king grew with the nation. And as he toward his own people and peoples through- skills. fought wars, he also fought for peace. out the region. He led with bold courage and The Appointment of the Crown Prince to Can we do any less in this country to became a visionary, and was seen often to succeed King Hussein will bring a continuity of know that we must protect our nation turn away the wrath of his enemies with a his vision for Jordan, and for Peace in the but yet be warriors for peace? gentle word and with compassionate but firm Middle East, and I am confident this includes I think it is important to note that resolve even in the midst of turmoil while fac- King Abdullah’s commitment to the Jordan- in the times of King Hussein’s most ing grave danger. Israel treaty of peace. painful days, suffering from a very dev- There was none before him so steeped in Mrs. LOWEY. Mr. Speaker, I rise in strong astating form of cancer, he did not wal- the knowledge of the history, the culture, the support of this important resolution honoring low in self-pity, trying to determine religion, or the traditions of all contenders for the life of King Hussein of Jordan. how he could find the best way to live, power in the region, both Jewish and Muslim. King Hussein will be remembered as one of which he was doing, but he had a keen King Hussein always understood perfectly that the greatest leaders of the late twentieth cen- eye on the peace process and he lifted their roots were inextricably intertwined in the tury. His stature, his courage, and his deter- himself, as I see some of my good fertile and historic soil of the Middle East. He mination made him an international force that friends here, lifted himself out of his met the challenges presented to him with con- far surpassed the size of his tiny country. sickbed and went toward the peace cern for others, but first and foremost was his Most of all, King Hussein will be remem- process, the process to bring Israel and deep and abiding allegiance to the sovereignty bered as a peacemaker. Over the four dec- the PLO, people of this world, people of the Hashemite Kingdom of Jordan. ades he led the Hashemite Kingdom of Jor- who may have differences but who he The friendship he offered to the United dan, Hussein transformed himself from a teen- found could have a common bond. This States was founded upon his total respect for ager given the reins of a country at war with king rose to the occasion. us as a Nation who shared his own values. its neighbors, to a seasoned and benevolent And so this tribute is to recognize his One of his greatest legacies is the signifi- statesman who saw the cause of peace as his spirit, his legacy, but it is also a per- cant contribution he made, right up to his destiny. sonal commitment in which I hope my death, to peace and security in the region. We Hussein showed the world that you can live colleagues will join me, as well as the witnessed his enduring personal courage as in a dangerous and war-infested neighbor- administration, as well as the Amer- he left his treatment behind at the Mayo Clinic hood, and still battle first and foremost for ican people, to understand that we to hasten to the side of the President at Wye peace. He sought peace with Israel and he fa- must extend ourselves beyond our River Plantation to help the United States cilitated peace between the Israelis and the boundaries, that the world does include keep that negotiation of peace between Israel Palestinians at the same time that he fought our brothers and sisters, as King Hus- and Palestine on track. off a never-ending string of coup and assas- sein reflected in his life and in his leg- It is for this reason, and so many other in- sination attempts at home. He saw his good acy. stances, that King Hussein would wish that friend, Yitzhak Rabin, cut down by the en- Long live his good nation, and long every one of us acknowledge how vitally im- emies of peace. Still, he vowed to press on, live the efforts of peace, and God bless portant it is for us to take immediate steps to touching us all with his poignant eulogy to the

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00024 Fmt 0688 Sfmt 9920 E:\BR99\H10FE9.000 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2213 fallen Prime Minister. His words at the Rabin Delahunt Jenkins Oxley Thompson (CA) Vela´ zquez Weller funeral were a call to action: ‘‘Let’s not keep DeLauro John Packard Thompson (MS) Vento Wexler DeLay Johnson (CT) Pallone Thornberry Visclosky Weygand silent. Let our voices rise high to speak of our DeMint Johnson, E.B. Pascrell Thune Walden Whitfield commitment to peace for all times to come, Deutsch Johnson, Sam Pastor Thurman Walsh Wicker and let us tell those who live in darkness who Diaz-Balart Jones (NC) Payne Tiahrt Wamp Wilson Dickey Jones (OH) Pease Tierney Waters are the enemies of life, and through faith and Wise Dicks Kanjorski Pelosi Toomey Watkins Wolf Dingell Kaptur Peterson (MN) Towns Watt (NC) religion and the teachings of our one God, this Woolsey Dixon Kasich Peterson (PA) Traficant Watts (OK) is where we stand.’’ Wu Doggett Kelly Petri Turner Waxman Wynn And he was so committed to peace that he Dooley Kennedy Phelps Udall (CO) Weiner took time from his battle with cancer to help Doolittle Kildee Pickering Udall (NM) Weldon (FL) Young (AK) broker the Israeli-Prime peace accords at the Doyle Kilpatrick Pickett Upton Weldon (PA) Young (FL) Wye River Plantation last fall. Dreier Kind (WI) Pitts Duncan King (NY) Pombo NOT VOTING—13 Our thoughts go out today to King Hussein’s Dunn Kingston Pomeroy Barton Lofgren Paul family and to the people of Jordan. I had the Edwards Kleczka Porter Carson Maloney (NY) Rush pleasure of meeting King Abdullah last year, Ehlers Klink Portman Fossella Miller, George Taylor (MS) Ehrlich Knollenberg Price (NC) Gekas Mollohan and I know that the Jordanian people are in Emerson Kolbe Pryce (OH) Livingston Ortiz good hands. King Hussein left behind a strong Engel Kucinich Quinn governmental system and an able heir. English Kuykendall Radanovich b 1405 King Hussein once said that he wanted to Eshoo LaFalce Rahall So the Senate concurrent resolution Etheridge LaHood Ramstad give the people of the Middle East ‘‘a life free Evans Lampson Rangel was concurred in. from fear, a life free from want—a life in Everett Lantos Regula The result of the vote was announced peace.’’ He worked tirelessly to achieve that Ewing Largent Reyes as above recorded. Farr Larson Reynolds A motion to reconsider was laid on goal, and, with our continued commitment to Fattah Latham Riley King Hussein’s legacy, we will realize his Filner LaTourette Rivers the table. dream. Fletcher Lazio Rodriguez Stated for: Mr. CAMPBELL. Mr. Speaker, I yield Foley Leach Roemer Mr. ORTIZ. Mr. Speaker, this afternoon I Forbes Lee Rogan was unavoidably detained and was not here back the balance of my time. Ford Levin Rogers The SPEAKER pro tempore (Mr. Fowler Lewis (CA) Rohrabacher for rollcall vote No. 18, S. Con. Res. 7, hon- BURR of North Carolina). Pursuant to Frank (MA) Lewis (GA) Ros-Lehtinen oring the life and legacy of King Hussein. I the order of the House today, the pre- Franks (NJ) Lewis (KY) Rothman would like to enter for the RECORD, that should Frelinghuysen Linder Roukema I have been present for the floor vote I would vious question is ordered. Frost Lipinski Roybal-Allard The question is on the Senate con- Gallegly LoBiondo Royce have voted ‘‘yes’’ on agreeing to this resolu- current resolution. Ganske Lowey Ryan (WI) tion. Gejdenson Lucas (KY) Ryun (KS) f The question was taken; and the Gephardt Lucas (OK) Sabo Speaker pro tempore announced that Gibbons Luther Salmon PROVIDING FOR ADJOURNMENT the ayes appeared to have it. Gilchrest Maloney (CT) Sanchez Gillmor Manzullo Sanders OF HOUSE FROM FEBRUARY 12, Mr. CAMPBELL. Mr. Speaker, I ob- Gilman Markey Sandlin 1999, TO FEBRUARY 23, 1999, AND ject to the vote on the ground that a Gonzalez Martinez Sanford RECESS OR ADJOURNMENT OF quorum is not present and make the Goode Mascara Sawyer SENATE FROM FEBRUARY 11, point of order that a quorum is not Goodlatte Matsui Saxton Goodling McCarthy (MO) Scarborough 1999, FEBRUARY 12, 1999, FEB- present. Gordon McCarthy (NY) Schaffer RUARY 13, 1999, OR FEBRUARY 14, The SPEAKER pro tempore. Evi- Goss McCollum Schakowsky 1999, TO FEBRUARY 22, 1999 dently a quorum is not present. Graham McCrery Scott Mr. LAZIO. Mr. Speaker, I offer a The Sergeant at Arms will notify ab- Granger McDermott Sensenbrenner Green (TX) McGovern Serrano privileged concurrent resolution (H. sent Members. Green (WI) McHugh Sessions Con. Res. 27) and ask for its immediate The vote was taken by electronic de- Greenwood McInnis Shadegg consideration. vice, and there were—yeas 420, nays 0, Gutierrez McIntosh Shaw Gutknecht McIntyre Shays The SPEAKER pro tempore. The not voting 13, as follows: Hall (OH) McKeon Sherman Clerk will report the concurrent reso- [Roll No. 18] Hall (TX) McKinney Sherwood lution. Hansen McNulty Shimkus YEAS—420 Hastings (FL) Meehan Shows The Clerk read the concurrent reso- Abercrombie Bliley Chabot Hastings (WA) Meek (FL) Shuster lution, as follows: Ackerman Blumenauer Chambliss Hayes Meeks (NY) Simpson H. CON. RES. 27 Aderholt Blunt Chenoweth Hayworth Menendez Sisisky Allen Boehlert Clay Hefley Metcalf Skeen Resolved by the House of Representatives (the Andrews Boehner Clayton Herger Mica Skelton Senate concurring), That when the House ad- Archer Bonilla Clement Hill (IN) Millender- Slaughter journs on the legislative day of Friday, Feb- Armey Bonior Clyburn Hill (MT) McDonald Smith (MI) ruary 12, 1999, it stand adjourned until 12:30 Bachus Bono Coble Hilleary Miller (FL) Smith (NJ) p.m. on Tuesday, February 23, 1999, or until Baird Borski Coburn Hilliard Miller, Gary Smith (TX) noon on the second day after Members are Baker Boswell Collins Hinchey Minge Smith (WA) notified to reassemble pursuant to section 2 Baldacci Boucher Combest Hinojosa Mink Snyder Baldwin Boyd Condit Hobson Moakley Souder of this concurrent resolution, whichever oc- Ballenger Brady (PA) Conyers Hoeffel Moore Spence curs first; and that when the Senate recesses Barcia Brady (TX) Cook Hoekstra Moran (KS) Spratt or adjourns at the close of business on Thurs- Barr Brown (CA) Cooksey Holden Moran (VA) Stabenow day, February 11, 1999, Friday, February 12, Barrett (NE) Brown (FL) Costello Holt Morella Stark 1999, Saturday, February 13, 1999, or Sunday, Barrett (WI) Brown (OH) Cox Hooley Murtha Stearns February 14, 1999, pursuant to a motion made Bartlett Bryant Coyne Horn Myrick Stenholm by the Majority Leader, or his designee, pur- Bass Burr Cramer Hostettler Nadler Strickland Bateman Burton Crane Houghton Napolitano Stump suant to this concurrent resolution, it stand Becerra Buyer Crowley Hoyer Neal Stupak recessed or adjourned until noon on Monday, Bentsen Callahan Cubin Hulshof Nethercutt Sununu February 22, 1999, or such time on that day Bereuter Calvert Cummings Hunter Ney Sweeney as may be specified by the Majority Leader Berkley Camp Cunningham Hutchinson Northup Talent or his designee in the motion to recess or ad- Berman Campbell Danner Hyde Norwood Tancredo journ, or until noon on the second day after Berry Canady Davis (FL) Inslee Nussle Tanner Members are notified to reassemble pursuant Biggert Cannon Davis (IL) Istook Oberstar Tauscher Bilbray Capps Davis (VA) Jackson (IL) Obey Tauzin to section 2 of this concurrent resolution, Bilirakis Capuano Deal Jackson-Lee Olver Taylor (NC) whichever occurs first. Bishop Cardin DeFazio (TX) Ose Terry SEC. 2. The Speaker of the House and the Blagojevich Castle DeGette Jefferson Owens Thomas Majority Leader of the Senate, acting jointly

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 2214 CONGRESSIONAL RECORD—HOUSE February 10, 1999 after consultation with the Minority Leader SPECIAL ORDERS committee designated by the chairman of of the House and the Minority Leader of the the full committee shall be the vice chair- Senate, shall notify the Members of the The SPEAKER pro tempore. Under man of the committee or subcommittee in House and the Senate, respectively, to reas- the Speaker’s announced policy of Jan- accordance with clause 2(d) of House rule XI. semble whenever, in their opinion, the public uary 6, 1999, and under a previous order (e) Presiding Member.—If the chairman of interest shall warrant it. of the House, the following Members the committee or subcommittee is not The concurrent resolution was agreed will be recognized for 5 minutes each. present at any committee or subcommittee meeting or hearing, the vice chairman shall to. f preside. If the chairman and vice chairman A motion to reconsider was laid on RULES OF THE COMMITTEE ON of the committee or subcommittee are not the table. AGRICULTURE FOR THE 106TH present at a committee or subcommittee f CONGRESS meeting or hearing the ranking Member of the majority party who is present shall pre- ELECTION OF MEMBERS TO COM- The SPEAKER pro tempore. Under a side in accordance with clause 2(d), House MITTEE ON HOUSE ADMINISTRA- previous order of the House, the gen- rule XI. TION tleman from Texas (Mr. COMBEST) is (f) Activities Report.—(1) the committee recognized for 5 minutes shall submit to the House, not later than Mr. FROST. Mr. Speaker, I offer a January 2 of each odd-numbered year, a re- resolution (H. Res. 50) and I ask unani- Mr. COMBEST. Mr. Speaker, I am pleased port on the activities of the committee mous consent for its immediate consid- to submit for printing in the CONGRESSIONAL under rules X and XI of the Rules of the eration in the House. RECORD, pursuant to Rule XI, clause 2(a) of House of Representatives during the Con- The Clerk read the resolution, as fol- the Rules of the House, a copy of the Rules gress ending on January 3 of such year. (See lows: of the Committee on Agriculture, which were also committee rule VIII(h)(2).) (2) Such report shall include separate sec- H. RES. 50 adopted at the organizational meeting of the tions summarizing the legislative and over- Resolved that the following named Mem- Committee on this day. sight activities of the committee during that bers are hereby elected to serve on standing Appendix A of the Committee Rules will in- Congress. committees as follows: clude excerpts from the Rules of the House (3) The oversight section of such report Committee on House Administration: Mr. relevant to the operation of the Committee. shall include a summary of the oversight FATTAH, Pennsylvania; and Mr. DAVIS, Flor- Appendix B will include relevant excerpts from plans submitted by the committee pursuant ida. the Congressional Budget Act of 1974. In the to clause 2(d) of House rule X, a summary of The SPEAKER pro tempore. Is there the actions taken and recommendations interests of minimizing printing costs, Appen- made with respect to each such plan, and a objection to the request of the gen- dices A and B are omitted from this submis- tleman from Texas? summary of any additional oversight activi- sion. ties undertaken by the committee, and any There was no objection. RULES OF THE COMMITTEE ON recommendations made or actions taken The resolution was agreed to. AGRICULTURE with respect thereto. A motion to reconsider was laid on (g) Publication of Rules.—The committee’s U.S. HOUSE OF REPRESENTATIVES the table. rules shall be published in the Congressional I. GENERAL PROVISIONS f Record not later than 30 days after the com- (a) Applicability of House Rules.—(1) The mittee is elected in each odd-numbered year NATIONAL HISPANIC RECOGNITION Rules of the House of Representatives shall as provided in clause 2(a) of House rule XI. PROGRAM govern the procedure of the committee and (h) Joint Committee Reports of Investigation (Mr. GARY MILLER of California its subcommittees, and the Rules of the or Study.—A report of an investigation or Committee on Agriculture so far as applica- study conducted jointly by more than one asked and was given permission to ad- ble shall be interpreted in accordance with committee may be filed jointly, provided dress the House for 1 minute and to re- the Rules of the House of Representatives, that each of the committees complies inde- vise and extend his remarks and in- except that a motion to recess from day to pendently with all requirements for approval clude extraneous material.) day, and a motion to dispense with the first and filing of the report. Mr. GARY MILLER of California. Mr. reading (in full) of a bill or resolution, if II. COMMITTEE BUSINESS MEETINGS— Speaker, I rise today to congratulate 18 printed copies are available, are non-debat- REGULAR, ADDITIONAL AND SPECIAL outstanding high school seniors in my able privileged motions in the committee (a) Regular Meetings.—(1) Regular meetings district who are finalists in the Na- and its subcommittees. (See Appendix A for of the committee, in accordance with clause the applicable Rules of the House of Rep- 2(b) of House rule XI, shall be held on the tional Hispanic Recognition Program. resentatives.) These students are among 3,600 high first Wednesday of every month to transact (2) As provided in clause 1(a)(2) of House its business unless such day is a holiday, or school seniors in the Nation selected rule XI, each subcommittee is part of the Congress is in recess or is adjourned, in by the College Board for this honor. committee and is subject to the authority which case the chairman shall determine the They come from the cities of Chino, and direction of the committee and its rules regular meeting day of the committee, if Ontario, Pomona, Upland, Brea, Yorba so far as applicable. (See also committee any, for that month. The chairman shall pro- Linda, Anaheim, Rowland Heights, and rules III, IV, V, VI, VII and X, infra.) vide each member of the committee, as far in my home city of Diamond Bar. I know (b) Authority to Conduct Investigations.—The advance of the day of the regular meeting as that their families and their respective committee and its subcommittees, after con- practicable, a written agenda of such meet- sultation with the chairman of the com- ing. Items may be placed on the agenda by communities are proud of their aca- mittee, may conduct such investigations and the chairman or a majority of the com- demic accomplishments and their hard studies as they may consider necessary or mittee. If the chairman believes that there work. appropriate in the exercise of their respon- will not be any bill, resolution or other mat- As a representative of the 41st Con- sibilities under rule X of the Rules of the ter considered before the full committee and gressional District in California, I can House of Representatives and in accordance there is no other business to be transacted at say we are also proud of them and wish with clause 2(m) of House rule XI. a regular meeting, the meeting may be can- them the best in their college careers. (c) Authority to Print.—The committee is celled or it may be deferred until such time Mr. Speaker, I include their names authorized by the Rules of the House of Rep- as, in the judgment of the chairman, there resentatives to have printed and bound testi- may be matters which require the commit- for the RECORD. I am sure this is not mony and other data presented at hearings tee’s consideration. This paragraph shall not the last time we will hear from these held by the committee and its subcommit- apply to meetings of any subcommittee. (See bright young students. tees. All costs of stenographic services and paragraph (f) of committee rule X for provi- The scholar finalists are: Arturo Nuno, transcripts in connection with any meeting sions that apply to meetings of subcommit- Naomi Esquibel, Yolanda Robles, Tony or hearing of the committee and its sub- tees.) Saucedo, Michelle Rodriguez, Henry Artiga, committees shall be paid from applicable ac- (b) Additional Meetings.—The chairman DeAnn Del Rio, Michelle Allis, Erin counts of the House described in clause (i)(1) may call and convene, as he or she considers Freyermuth, Marissa Guerrero, Maria of House rule X in accordance with clause necessary, after consultation with the rank- Sequeira, Meredith Garcia, Natalie Alva- 1(c) of House rule XI. (See also paragraphs ing minority member of the committee, ad- rado, Michael Espinoza, and Juan Jauregui. (d), (e) and (f) of committee rule VIII.) ditional meetings of the committee for the Honorable mention finalists include: Oscar (d) Vice Chairman.—The Member of the ma- consideration of any bill or resolution pend- Teran, Gabriel Bustos, and Nick Yanez. jority party on the committee or sub- ing before the committee or for the conduct

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2215 of other committee business. the committee less the Member receives unanimous consent shall constitute a quorum for the purpose of shall meet for such additional meetings pur- to extend his or her remarks beyond such taking testimony and receiving evidence. suant to a notice from the chairman. subject. (d) Unanimous Consent Agreement on Vot- (c) Special Meetings.—If at least three mem- (e) Meetings to Begin Promptly.—Subject to ing.—Whenever a record vote is ordered on a bers of the committee desire that a special the presence of a quorum, each meeting or question other than a motion to recess or ad- meeting of the committee be called by the hearing of the committee and its sub- journ and debate has concluded thereon, the chairman, those members may file in the of- committees shall begin promptly at the time committee or subcommittee by unanimous fices of the committee their written request so stipulated in the public announcement of consent may postpone further proceedings on to the chairman for such special meeting. the meeting or hearing. such question to a designated time. Such request shall specify the measure or (f) Prohibition on Proxy Voting.—No vote by V. RECORDS any Member of the committee or sub- matters to be considered. Immediately upon (a) Maintenance of Records.—The com- committee with respect to any measure or the filing of the request, the majority staff mittee shall keep a complete record of all matter may be cast by proxy. director (serving as the clerk of the com- committee and subcommittee action which mittee for such purpose) shall notify the (g) Location of Persons at Meetings.—No per- son other than the committee or sub- shall include: chairman of the filing of the request. If, (1) in the case of any meeting or hearing committee members and committee or sub- within 3 calendar days after the filing of the transcripts, a substantially verbatim ac- committee staff may be seated in the ros- request, the chairman does not call the re- count of remarks actually made during the trum area during a meeting of the com- quested special meeting to be held within 7 proceedings, subject only to technical, gram- mittee or subcommittee unless by unani- calendar days after the filing of the request, matical and typographical corrections au- mous consent of committee or sub- a majority of the members of the committee thorized by the person making the remarks may file in the offices of the committee their committee. (h) Consideration of Amendments and Mo- involved, and written notice that a special meeting of the (2) written minutes shall include a record tions.—A Member, upon request, shall be rec- committee will be held, specifying the date of all committee and subcommittee action ognized by the chairman to address the com- and hour thereof, and the measures or mat- and a record of all votes on any question and mittee or subcommittee at a meeting for a ter to be considered at that special meeting a tally on all record votes. The result of each period limited to five minutes on behalf of in accordance with clause 2(c)(2) of House such record vote shall be made available by an amendment or motion offered by the rule XI. the committee shall meet on that the committee for inspection by the public Member or another Member, or upon any date and hour. Immediately upon the filing at reasonable times in the offices of the com- other matter under consideration, unless the of the notice, the majority staff director mittee and by telephone request. Informa- Member receives unanimous consent to ex- (serving as the clerk) of the committee shall tion so available for public inspection shall tend the time limit. Every amendment or notify all members of the committee that include a description of the amendment, mo- motion made in committee or subcommittee such meeting will be held and inform them of tion, order or other proposition and the shall, upon the demand of any Member its date and hour and the measure or matter name of each member voting for and each present, be reduced to writing, and a copy to be considered, and only the measure or member voting against such amendment, thereof shall be made available to all Mem- matter specified in that notice may be con- motion, order, or proposition, and the names bers present. Such amendment or motion sidered at that special meeting. of those members present but not voting. shall not be pending before the committee or III. OPEN MEETINGS AND HEARINGS; (b) Access to and Correction of Records.—Any subcommittee or voted on until the require- BROADCASTING public witness, or person authorized by such ments of this paragraph have been met. witness, during committee office hours in (a) Open Meetings and Hearings.—Each (i) Demanding Record Vote.—A record vote meeting for the transaction of business, in- of the committee or subcommittee on a the committee offices and within two weeks cluding the markup of legislation, and each question or action shall be ordered on a de- of the close of hearings, may obtain a tran- hearing by the committee or a subcommittee mand by one-fifth of the Members present. script copy of that public witness’s testi- shall be open to the public unless closed in (j) Submission of Motions or Amendments In mony and make such technical, grammatical accordance with clause 2(g) of House rule XI. Advance of Business Meetings.—The com- and typographical corrections as authorized (See Appendix A.) mittee and subcommittee chairman may re- by the person making the remarks involved (b) Broadcasting and Photography.—When- quest and committee and subcommittee as will not alter the nature of testimony ever a committee or subcommittee meeting members should, insofar as practicable, co- given. There shall be prompt return of such for the transaction of business, including the operate in providing copies of proposed corrected copy of the transcript to the com- markup of legislation, or a hearing is open to amendments or motions to the chairman and mittee. Members of the committee or sub- the public, that meeting or hearing shall be the ranking minority member of the com- committee shall receive copies of transcripts open to coverage by television, radio, and mittee or the subcommittee 24 hours before for their prompt review and correction and still photography in accordance with clause 4 a committee or subcommittee business prompt return to the committee. the com- of House rule XI. (See Appendix A.) When meeting. mittee or subcommittee may order the print- such radio coverage is conducted in the com- (k) Points of Order.—No point of order ing of a hearing record without the correc- mittee or subcommittee, written notice to against the hearing or meeting procedures of tions of any Member or witness if it deter- that effect shall be placed on the desk of the committee or subcommittee shall be en- mines that such Member or witness has been each Member. The chairman of the com- tertained unless it is made in a timely fash- afforded a reasonable time in which to make mittee or subcommittee, shall not limit the ion. such corrections and further delay would se- number of television or still cameras per- (l) Limitation on Committee Sittings.—The riously impede the consideration of the leg- mitted in a hearing or meeting room to committee or subcommittees may not sit islative action that is subject of the hearing. fewer than two representatives from each during a joint session of the House and Sen- The record of a hearing shall be closed 10 cal- medium (except for legitimate space or safe- ate or during a recess when a joint meeting endar days after the last oral testimony, un- ty considerations, in which case pool cov- of the House and Senate is in progress. less the committee or subcommittee deter- erage shall be authorized). IV. QUORUMS mines otherwise. Any person requesting to file a statement for the record of a hearing (c) Closed Meetings—Attendees.—No person (a) Working Quorum.—One-third of the other than members of the committee or members of the committee or a sub- must so request before the hearing concludes subcommittee and such congressional staff committee shall constitute a quorum for and must file the statement before the and departmental representatives as the taking any action, other than as noted in record is closed unless the committee or sub- committee or subcommittee may authorize paragraphs (b) and (c). committee determines otherwise. The com- shall be present at any business or markup (b) Majority Quorum.—A majority of the mittee or subcommittee may reject any session that has been closed to the public as members of the committee or subcommittee statement in light of its length or its tend- provided in clause 2(g)(1) of House rule XI. shall constitute a quorum for: ency to defame, degrade, or incriminate any (d) Addressing the Committee.—A committee (1) the reporting of a bill, resolution or person. member may address the committee or a other measure. (See clause 2(h)(1) of House (c) Property of the House.—All committee subcommittee on any bill, motion, or other rule XI, and committee rule VIII); and subcommittee hearings, records, data, matter under consideration. (See committee (2) the closing of a meeting or hearing to charts, and files shall be kept separate and rule VII (e) relating to questioning a witness the public pursuant to clauses 2(g) and distinct from the congressional office at a hearing.) The time a member may ad- 2(k)(5) of the Rule XI of the Rules of the records of the Members serving as chairman dress the committee or subcommittee for House of Representatives; and and such records shall be the property of the any such purpose shall be limited to five (3) the authorizing of a subpoena as pro- House and all Members of the House shall minutes, except that this time limit may be vided in clause 2(m)(3), of House rule XI. (See have access thereto. The majority staff di- waived by unanimous consent. A Member also committee rule VI.) rector shall promptly notify the chairman shall also be limited in his or her remarks to (c) Quorum for Taking Testimony.—Two and the ranking minority member of any re- the subject matter under consideration, un- members of the committee or subcommittee quest for access to such records.

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 2216 CONGRESSIONAL RECORD—HOUSE February 10, 1999 (d) Availability of Archived Records.—The witness may contact the majority staff di- one of its subcommittees, or any Member records of the committee at the National Ar- rector of the committee, or his or her rep- designated by the chairman, may administer chives and Records Administration shall be resentative, before leaving the hearing room. an oath to any witness. made available for public use in accordance VII. HEARING PROCEDURES. (3) To the greatest extent practicable, each with House rule VII. The chairman shall no- (a) Power to Hear.—For the purpose of car- witness appearing in a non-governmental ca- tify the ranking minority member of the rying out any of its functions and duties pacity shall include with the written state- committee of the need for a committee order under House rule X and XI, the committee ment of proposed testimony a curriculum pursuant to clause 3(b)(3) or clause 4(b) of and its subcommittees are authorized to sit vitae and disclosure of the amount and such House rule, to withhold a record other- and hold hearings at any time or place with- source (by agency and program) of any Fed- wise available. in the United States whether the House is in eral grant (or subgrant thereof) or contract (e) Special Rules for Certain Records and Pro- session, has recessed, or has adjourned. (See (or subcontract thereof) received during the ceedings.—A stenographic record of a busi- paragraph (a) of committee rule VI and para- current fiscal year or either of the two pre- ness meeting of the committee or sub- graph (f) of committee rule X for provisions ceding fiscal years. committee shall be kept and thereafter may relating to subcommittee hearings and meet- (e) Questioning of Witnesses.—Committee or be published if the chairman of the com- ings.) subcommittee members may question wit- mittee, after consultation with the ranking (b) Announcement.—The chairman of the nesses only when they have been recognized minority member, determines there is need committee shall after consultation with the by the chairman of the committee or sub- for such a record. The proceedings of the ranking minority member of the committee, committee for that purpose. Each Member so committee or subcommittee in a closed make a public announcement of the date, recognized shall be limited to questioning a meeting, evidence or testimony in such place and subject matter of any committee witness for 5 minutes until such time as each meeting, shall not be divulged unless other- hearing at least one week before the com- Member of the committee or subcommittee wise determined by a majority of the com- mencement of the hearing. The chairman of who so desires has had an opportunity to mittee or subcommittee. a subcommittee shall schedule a hearing question the witness for 5 minutes; and (f) Electronic Availability of Committee Publi- only after consultation with the chairman of thereafter the chairman of the committee or cations.—To the maximum extent feasible, the committee and after consultation with subcommittee may limit the time of a fur- the committee shall make its publications the ranking minority member of the sub- ther round of questioning after giving due available in electronic form. committee, and the chairmen of the other consideration to the importance of the sub- VI. POWER TO SIT AND ACT; SUBPOENA subcommittees after such consultation with ject matter and the length of time available. POWER. the committee chairman, and shall request All questions put to witnesses shall be ger- (a) Authority to Sit and Act.—For the pur- the majority staff director to make a public mane to the measure or matter under consid- pose of carrying out any of its function and announcement of the date, place, and subject eration. Unless a majority of the committee matter of such hearing at least one week be- duties under House rules X and XI, the com- or subcommittee determines otherwise, no fore the hearing. If the chairman of the com- mittee and each of its subcommittees is au- person shall interrogate witnesses other mittee or the subcommittee, with concur- thorized (subject to paragraph (b)(1) of this than committee and subcommittee members. rence of the ranking minority member of the rule)—— (f) Extended Questioning for Designated Mem- committee or subcommittee, determines (1) to sit and act at such times and places bers.—Notwithstanding paragraph (e), the there is good cause to begin the hearing within the United States whether the House chairman and ranking minority member sooner, or if the committee or subcommittee is in session, has recessed, or has adjourned may designate an equal number of members so determines by majority vote, a quorum and to hold such hearings, and from each party to question a witness for a being present for the transaction of business, (2) to require, by subpoena or otherwise, period not longer than 60 minutes. the chairman of the committee or sub- the attendance and testimony of such wit- (g) Witnesses for the Minority.—When any committee, as appropriate, shall request the nesses and the production of such books, hearing is conducted by the committee or majority staff director to make such public records, correspondence, memoranda, papers any subcommittee upon any measure or mat- announcement at the earliest possible date. and documents, as it deems necessary. The ter, the minority party members on the com- The clerk of the committee shall promptly chairman of the committee or sub- mittee or subcommittee shall be entitled, notify the Daily Digest Clerk of the Congres- committee, or any member designated by upon request to the chairman by a majority sional Record, and shall promptly enter the the chairman, may administer oaths to any of those minority members before the com- appropriate information into the committee witness. pletion of such hearing, to call witnesses se- scheduling service of the House Information (b) Issuance of Subpoenas.—(1) A subpoena lected by the minority to testify with re- Systems as soon as possible after such public may be authorized and issued by the com- spect to that measure or matter during at announcement is made. least 1 day of hearing thereon as provided in mittee or subcommittee under paragraph (c) Scheduling of Witnesses.—Except as oth- clause 2(j)(1) of House rule XI. (a)(2) in the conduct of any investigation or erwise provided in this rule, the scheduling (h) Summary of Subject Matter.—Upon an- series of investigations or activities, only of witnesses and determination of the time nouncement of a hearing, to the extent prac- when authorized by a majority of the mem- allowed for the presentation of testimony at ticable, the committee shall make available bers voting, a majority being present, as pro- hearings shall be at the discretion of the immediately to all members of the com- vided in clause 2(m)(3)(A) of House rule XI. chairman of the committee or sub- Such authorized subpoenas shall be signed by committee, unless a majority of the com- mittee a concise summary of the subject the chairman of the committee or by any mittee or subcommittee determines other- matter (including legislative reports and member designated by the committee. As wise. other material) under consideration. In addi- soon as practicable after a subpoena is issued (d) Written Statement; Oral Testimony.—(1) tion, upon announcement of a hearing and under this rule, the chairman shall notify all Each witness who is to appear before the subsequently as they are received, the chair- members of the committee of such action. committee or a subcommittee, shall insofar man of the committee or subcommittee (2) Notice of a meeting to consider a mo- as practicable file with the majority staff di- shall, to the extent practicable, make avail- tion to authorize and issue a subpoena rector of the committee, at least 2 working able to the members of the committee any should be given to all members of the com- days before day of his or her appearance, a official reports from departments and agen- mittee by 5 p.m. of the day preceding such written statement of proposed testimony. cies on such matter. (See committee rule meeting. Witnesses shall provide sufficient copies of X(f).) (3) Compliance with any subpoena issued their statement for distribution to com- (i) Participation of Committee Members in by the committee or subcommittee under mittee or subcommittee members, staff, and Subcommittees.—All members of the com- paragraph (a)(2) may be enforced only as au- the news media. Insofar as practicable, the mittee may attend any subcommittee hear- thorized or directed by the House. committee or subcommittee staff shall dis- ing in accordance with clause 2(g)(2) of House (4) A subpoena duces tecum may specify tribute such written statements to all mem- rule XI, but a Member who is not a member terms of return other than at meeting or bers of the committee or subcommittee as of the subcommittee may not vote on any hearing of the committee or subcommittee soon as they are received as well as any offi- matter before the subcommittee nor offer authorizing the subpoena. cial reports from departments and agencies any amendments or motions and shall not be (c) Expenses of Subpoenaed Witnesses.—Each on such subject matter. All witnesses may be counted for purposes of establishing a witness who has been subpoenaed, upon the limited in their oral presentations to brief quorum for the subcommittee and may not completion of his or her testimony before summaries of their statements within the question witnesses without the unanimous the committee or any subcommittee, may time allotted to them, at the discretion of consent of the subcommittee. report to the offices of the committee, and the chairman of the committee or sub- (j) Open Hearings.—Each hearing conducted there sign appropriate vouchers for travel al- committee, in light of the nature of the tes- by the committee or subcommittee shall be lowances and attendance fees to which he or timony and the length of time available. open to the public, including radio, tele- she is entitled. If hearings are held in cities (2) As noted in paragraph (a) of committee vision and still photography coverage, except other than Washington DC, the subpoenaed rule VI, the chairman of the committee or as provided in clause 4 of House rule XI (see

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.000 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2217 also committee rule III (b).). In any event, no by the committee shall be filed within 7 cal- gressional Budget Act of 1974 has been time- Member of the House may be excluded from endar days (not counting days on which the ly submitted prior to the filing of the report nonparticipatory attendance at any hearing House is not in session) after the day on and included in the report); unless the House by majority vote shall au- which there has been filed with the majority (11) the changes in existing law (if any) thorize the committee or subcommittee, for staff director of the committee a written re- shown in accordance with clause 3 of House purposes of a particular series of hearings on quest, signed by a majority of the com- rule XIII; a particular bill or resolution or on a par- mittee, for the reporting of that bill or reso- (12) the determination required pursuant ticular subject of investigation, to close its lution. The majority staff director of the to section 5(b) of Public Law 92–463, if the hearings to Members by means of the above committee shall notify the chairman imme- legislation reported establishes or authorizes procedure. diately when such a request is filed. the establishment of an advisory committee; (k) Investigative Hearings and Reports.— (b) Content of Reports.—Each committee re- and (1)(i) The chairman of the committee or sub- port on any bill or resolution approved by (13) the information on Federal and inter- committee at an investigative hearing shall the committee shall include as separately governmental mandates required by section announce in an opening statement the sub- identified sections: 423(c) and (d) of the Congressional Budget ject of the investigation. A copy of the com- (1) a statement of the intent or purpose of Act of 1974, as added by the Unfunded Man- mittee rules (and the applicable provisions of the bill or resolution; dates Reform Act of 1995 (P.L. 104–4). clause 2 of House rule XI, regarding inves- (2) a statement describing the need for (c) Supplemental, Minority, or Additional tigative hearing procedures, an excerpt of such bill or resolution; Views.—If, at the time of approval of any which appears in Appendix A thereto) shall (3) a statement of committee and sub- measure or matter by the committee, any be made available to each witness. Witnesses committee consideration of the measure in- Member of the committee gives notice of in- at investigative hearings may be accom- cluding a summary of amendments and mo- tention to file supplemental, minority, or ad- panied by their own counsel for the purpose tions offered and the actions taken thereon; ditional views, that Member shall be entitled of advising them concerning their constitu- (4) the results of the each record vote on to not less than 2 subsequent calendar days tional rights. The chairman of the com- any amendment in the committee and sub- (excluding Saturdays, Sundays, and legal mittee or subcommittee may punish committee and on the motion to report the holidays except when the House is in session breaches of order and decorum, and of profes- measure or matter, including the names of on such date) in which to file such views, in sional ethics on the part of counsel, by cen- those Members and the total voting for and writing and signed by that Member, with the sure and exclusion from the hearings; but the names of those Members and the total majority staff director of the committee. only the full committee may cite the of- voting against such amendment or motion When time guaranteed by this paragraph has fender to the House for contempt. (See clause 3(b) of House rule XIII); expired (or if sooner, when all separate views (ii) Whenever it is asserted that the evi- (5) the oversight findings and recommenda- have been received), the committee may ar- dence or testimony at an investigative hear- tions of the committee with respect to the range to file its report with the Clerk of the ing may tend to defame, degrade, or incrimi- subject matter of the bill or resolution as re- House not later than 1 hour after the expira- nate any person, such testimony or evidence quired pursuant to clause 3(c)(1) of House tion of such time. All such views (in accord- shall be presented in executive session, not- rule XIII and clause 2(b)(1) of House rule X; ance with House rule XI, clause 2(1) and withstanding the provisions of paragraph (j) (6) the detailed statement described in sec- House rule XIII, clause 3(a)(1)), as filed by of this rule, if by a majority of those present, tion 308(a) of the Congressional Budget Act one or more members of the committee, there being in attendance the requisite num- of 1974 if the bill or resolution provides new shall be included within and made a part of ber required under the rules of the com- budget authority (other than continuing ap- the report filed by the committee with re- mittee to be present for the purpose of tak- propriations), new spending authority de- spect to that bill or resolution. ing testimony, the committee or sub- scribed in section 401(c)(2) of such Act, new (d) Printing of Reports.—The report of the committee determines that such evidence or credit authority, or an increase or decrease committee on the measure or matter noted testimony may tend to defame, degrade, or in revenues or tax expenditures, except that in paragraph (a) above shall be printed in a incriminate any person. the committee or the estimates with respect to new budget au- single volume, which shall: (1) include all supplemental, minority or subcommittee shall afford a person an oppor- thority shall include, when practicable, a additional views that have been submitted tunity voluntarily to appear as a witness; comparison of the total estimated funding by the time of the filing of the report; and and the committee or subcommittee shall re- level for the relevant program (or programs) (2) bear on its cover a recital that any such ceive and shall dispose of requests from such to the appropriate levels under current law; supplemental, minority, or additional views person to subpoena additional witnesses. (7) the estimate of costs and comparison of (and any material submitted under House (iii) No evidence or testimony taken in ex- such estimates, if any, prepared by the Di- rule XII, clause 3(a)(1)) are included as part ecutive session may be released or used in rector of the Congressional Budget Office in of the report. public sessions without the consent of the connection with such bill or resolution pur- committee or subcommittee. In the discre- (e) Immediate Printing; Supplemental Re- suant to section 402 of the Congressional ports.—Nothing in this rule shall preclude— tion of the committee or subcommittee, wit- Budget Act of 1974 if submitted in timely nesses may submit brief and pertinent state- (1) the immediate filing or printing of a fashion to the committee; committee report unless timely request for ments in writing for inclusion in the record. (8) any oversight findings and rec- The committee or subcommittee is the sole the opportunity to file supplemental, minor- ommendations made by the Committee on ity, or additional views has been made as judge of the pertinency of testimony and evi- Government Reform under clause 4(c)(2) of dence adduced at its hearings. A witness may provided by paragraph (c), or House rule X to the extent such were avail- (2) the filing by the committee of any sup- obtain a transcript copy of his or her testi- able during the committee’s deliberations on plemental report on any bill or resolution mony given at a public session or, if given at the bill or resolution; that may be required for the correction of an executive session, when authorized by the (9) a statement citing the specific powers any technical error in a previous report committee or subcommittee. (See paragraph granted to the Congress in the Constitution made by the committee on that bill or reso- (c) of committee rule V.) to enact the law proposed by the bill or joint (2) A proposed investigative or oversight lution. resolution; (f) Availability of Printed Hearing Records.— report shall be considered as read if it has (10) an estimate of the costs that would be If hearings have been held on any reported been available to the members of the com- incurred in carrying out such bill or joint bill or resolution, the committee shall make mittee for at least 24 hours (excluding Satur- resolution in the fiscal year in which it is re- every reasonable effort to have the record of days, Sundays, or legal holidays except when ported and for its authorized duration or for such hearings printed and available for dis- the House is in session on such day) in ad- each of the 5 fiscal years following the fiscal tribution to the Members of the House prior vance of their consideration. year of reporting, whichever period is less to the consideration of such bill or resolu- VIII. THE REPORTING OF BILLS AND (see Rule XIII, clause 3(d)(2), (3) and (h)(2), tion by the House. Each printed hearing of RESOLUTIONS (3)), together with— the committee or any of its subcommittees (a) Filing of Reports.—The chairman shall (i) a comparison of these estimates with shall include a record of the attendance of report or cause to be reported promptly to those made and submitted to the committee the Members. the House any bill, resolution, or other by any Government agency when prac- (g) Committee Prints.—All committee or measure approved by the committee and ticable, and subcommittee prints or other committee or shall take or cause to be taken all necessary (ii) a comparison of the total estimated subcommittee documents, other than reports steps to bring such bill, resolution, or other funding level for the relevant program (or or prints of bills, that are prepared for public measure to a vote. No bill, resolution, or programs) with appropriate levels under cur- distribution shall be approved by the chair- measure shall be reported from the com- rent law (The provisions of this clause do not man of the committee or the committee mittee unless a majority of the committee is apply if a cost estimate and comparison pre- prior to public distribution. actually present. A committee report on any pared by the Director of the Congressional (h) Post Adjournment Filing of Committee Re- bill, resolution, or other measure approved Budget Office under section 403 of the Con- ports.—(1) After an adjournment of the last

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.001 H10FE9 2218 CONGRESSIONAL RECORD—HOUSE February 10, 1999 regular session of a Congress sine die, an in- such program could be modified so that ap- there shall be included the ex officio members vestigative or oversight report approved by propriations therefore would be made annu- of the subcommittees and ratios below re- the committee may be filed with the Clerk ally. flect that fact. at any time, provided that if a member gives (c) Budget Act Compliance: Views and Esti- (c) Jurisdiction.—Each subcommittee shall notice at the time of approval of intention to mates (See Appendix B).—By February 25 each have the following general jurisdiction and file supplemental, minority, or additional year and after the President submits a budg- number of members: views, that member shall be entitled to not et under section 1105(a) of title 31, United OPERATIONAL SUBCOMMITTEE less than 7 calendar days in which to submit State Code, the committee shall, submit to Department Operations, Oversight, Nutrition, such views for inclusion with the report. the Committee on the Budget (1) its views and Forestry (21 Members, 11 majority, 10 mi- (2) After an adjournment of the last reg- and estimates with respect to all matters to nority).—Agency oversight, review and anal- ular session of a Congress sine die, the chair- be set forth in the concurrent resolution on ysis, special investigations, pesticide regula- man of the committee may file at any time the budget for the ensuing fiscal year (under tion, nutrition, food stamps, hunger, con- with the Clerk the committee’s activity re- section 301 of the Congressional Budget Act sumer programs, and forestry. port for that Congress pursuant to clause of 1974—see Appendix B) that are within its COMMODITY SUBCOMMITTEES 1(d)(1) of rule XI of the Rules of the House of jurisdiction or functions; and (2) an estimate General Farm Commodities, Resource Con- Representatives without the approval of the of the total amounts of new budget author- servation, and Credit (21 Members, 11 major- ity, and budget outlays resulting therefrom, committee, provided that a copy of the re- ity, 10 minority).—Program and markets re- port has been available to each member of to be provided or authorized in all bills and lated to cotton, cottonseed, wheat, feed the committee for at least 7 calendar days resolutions within its jurisdiction that it in- grains, soybeans, oilseeds, rice, dry beans, and the report includes any supplemental, tends to be effective during that fiscal year. peas, lentils, the Commodity Credit Corpora- (d) Budget Act Compliance: Recommended minority, or additional views submitted by a tion, agricultural credit, natural resource Changes.—Whenever the committee is di- member of the committee. conservation, small watershed program, rected in a concurrent resolution on the IX. OTHER COMMITTEE ACTIVITIES rural development, rural electrification, en- budget to determine and recommend changes (a) Oversight Plan.—Not later than Feb- ergy, farm security, and family farming mat- in laws, bills, or resolutions under the rec- ruary 15 of the first session of a Congress, ters. onciliation process, it shall promptly make the chairman shall convene the committee Livestock and Horticulture (23 Members, 12 such determination and recommendations, in a meeting that is open to the public and majority, 11 minority).—Livestock, dairy, and report a reconciliation bill or resolution with a quorum present to adopt its oversight poultry, meat, seafood and seafood products, (or both) to the House or submit such rec- plans for that Congress. Such plans shall be the inspection of those commodities, aqua- ommendations to the Committee on the submitted simultaneously to the Committee culture, animal welfare, fruits and vegeta- Budget, in accordance with the Congres- on Government Reform and to the Com- bles, marketing orders, and grazing. sional Budget Act of 1974 (See Appendix B). mittee on House Administration. In devel- Risk Management, Research, and Specialty (e) Conference Committees.—Whenever in the oping such plans the committee shall, to the Crops (34 members, 18 majority, 16 minor- legislative process it becomes necessary to maximum extent feasible— ity).—Commodity futures, crop insurance, appoint conferees, the chairman shall, after (1) consult with other committees of the peanuts, sugar, tobacco, honey and bees, re- consultation with the ranking minority House that have jurisdiction over the same search and education, and agricultural bio- member, determine the number of conferees or related laws, programs, or agencies within technology matters. the chairman deems most suitable and then its jurisdiction, with the objective of ensur- (d) Referral of Legislation.— recommend to the Speaker as conferees, in (1)(a) In general.—All bills, resolutions, ing that such laws, programs, or agencies are keeping with the number to be appointed by and other matters referred to the committee reviewed in the same Congress and that the Speaker as provided in clause House rule shall be referred to all subcommittees of ap- there is a maximum of coordination between I, clause 11, the names of those members of propriate jurisdiction within 2 weeks after such committees in the conduct of such re- the committee of not less than a majority being referred to the committee. After con- views; and such plans shall include an expla- who generally supported the House position sultation with the ranking minority mem- nation of what steps have been and will be and who were primarily responsible for the ber, the chairman may determine that the taken to ensure such coordination and co- legislation. The chairman shall, to the full- committee will consider certain bills, resolu- operation; est extent feasible, include those members of tions, or other matters. (2) give priority consideration to including (b) Trade Matters.—Unless action is oth- in its plans the review of those laws, pro- the committee who were the principal pro- ponents of the major provisions of the bill as erwise taken under subparagraph (3), bills, grams, or agencies operating under perma- resolutions, and other matters referred to nent budget authority or permanent statu- it passed the House and such other com- mittee members of the majority party as the the committee relating to foreign agri- tory authority; culture, foreign food or commodity assist- (3) have a view toward ensuring that all chairman may designate in consultation with the members of the majority party. ance, and foreign trade and marketing issues significant laws, programs, or agencies with- will be considered by the committee. in its jurisdiction are subject to review at Such recommendations shall provide a ratio of majority party members to minority (2) The chairman, by a majority vote of the least once every 10 years. the committee and committee, may discharge a subcommittee its appropriate subcommittees shall review party members no less favorable to the ma- jority party than the ratio of majority party from further consideration of any bill, reso- and study, on a continuing basis, the impact lution, or other matter referred to the sub- or probable impact of tax policies affecting members to minority party members on the committee. In making recommendations of committee and have such bill, resolution or subjects within its jurisdiction as provided other matter considered by the committee. minority party members as conferees, the in clause 2(d) of House rule X. the committee the committee having referred a bill, resolu- chairman shall consult with the ranking mi- shall include in the report filed pursuant to tion, or other matter to a subcommittee in nority member of the committee. clause 1(d) of House rule XI a summary of accordance with this rule may discharge the oversight plans submitted by the com- X. SUBCOMMITTEES such subcommittee from further consider- mittee under clause 2(d) of House rule X, a (a) Number and Composition.—There shall be ation thereof at any time by a vote of the summary of actions taken and recommenda- such subcommittees as specified in para- majority members of the committee for the tions made with respect to each such plan, graph (c) of this rule. Each of such sub- committee’s direct consideration or for ref- and a summary of any additional oversight committees shall be composed of the number erence to another subcommittee. activities undertaken by the committee and of members set forth in paragraph (c) of this (3) Unless the committee, a quorum being any recommendations made or actions taken rule, including ex officio members. present, decides otherwise by a majority thereon. The chairman may create additional sub- vote, the chairman may refer bills, resolu- (b) Annual Appropriations.—The committee committees of an ad hoc nature as the chair- tions, legislation or other matters not spe- shall, in its consideration of all bills and man determines to be appropriate subject to cifically within the jurisdiction of a sub- joint resolutions of a public character within any limitations provided for in the House committee, or that is within the jurisdiction its jurisdiction, ensure that appropriations rules.1 of more than one subcommittee, jointly or for continuing programs and activities of the (b) Ratios.—On each subcommittee, there exclusively as the chairman deems appro- Federal Government and the District of Co- shall be a ratio of majority party members priate, including concurrently to the sub- lumbia government will be made annually to to minority party members which shall be committees with jurisdiction, sequentially the maximum extent feasible and consistent consistent with the ratio on the full com- to the subcommittees with jurisdiction (sub- with the nature, requirements, and objec- mittee. In calculating the ratio of majority ject to any time limits deemed appropriate), tives of the programs and activities involved. party members to minority party members, divided by subject matter among the sub- the committee shall review, from time to committees with jurisdiction, or to an ad time, each continuing program within its ju- 1 The chairman and ranking minority member of hoc subcommittee appointed by the chair- risdiction for which appropriations are not the committee serve as ex officio members of the man for the purpose of considering the mat- made annually in order to ascertain whether subcommittees. (See paragraph (e) of this rule). ter and reporting to the committee thereon,

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.001 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2219 or make such other provisions deemed appro- (3) The committee shall not consider any (i) The purpose of the official travel; priate. matters reported by subcommittees until 2 (ii) The dates during which the official (e) Service on subcommittees.—(1) The chair- calendar days have elapsed from the date of travel is to be made and the date or dates of man and the ranking minority member shall reporting, unless the chairman or a majority the event for which the official travel is serve as ex officio members of all subcommit- of the committee determines otherwise. being made; tees and shall have the right to vote on all (h) Subcommittee Investigations.—No inves- (iii) The location of the event for which the matters before the subcommittees. The tigation shall be initiated by a sub- official travel is to be made; and chairman and the ranking minority member committee without the prior consultation (iv) The names of members and committee may not be counted for the purpose of estab- with the chairman of the committee or a ma- staff seeking authorization. lishing a quorum. jority of the committee. (2) In the case of official travel of members (2) Any member of the committee who is XI. COMMITTEE BUDGET, STAFF, AND and staff of a subcommittee to hearings, not a member of the subcommittee may have TRAVEL meetings, conferences, facility inspections the privilege of sitting and nonparticipatory (a) Committee Budget.—The chairman, in and investigations involving activities or attendance at subcommittee hearings in ac- consultation with the majority members of subject matter under the jurisdiction of such cordance with clause 2(g)(2) of House rule XI. the committee, and the minority members of subcommittee to be paid for out of funds al- Such member may not: the committee, shall prepare a preliminary located to the committee, prior authoriza- (i) vote on any matter; budget for each session of the Congress. Such tion must be obtained from the sub- (ii) be counted for the purpose of a estab- budget shall include necessary amounts for committee chairman and the full committee lishing a quorum for any motion, vote, or staff personnel, travel, investigation, and chairman. Such prior authorization shall be other subcommittee action; other expenses of the committee and sub- given by the chairman only upon the rep- (iii) participate in questioning a witness committees. After consultation with the resentation by the applicable subcommittee under the 5–minute rule, unless permitted to ranking minority member, the chairman chairman in writing setting forth those do so by the subcommittee chairman or a shall include an amount budgeted to minor- items enumerated in clause (1). majority of the subcommittee a quorum ity members for staff under their direction (3) Within 60 days of the conclusion of any being present; and supervision. Thereafter, the chairman official travel authorized under this rule, (iv) raise points of order; or shall combine such proposals into a consoli- there shall be submitted to the committee (v) offer amendments or motions. dated committee budget, and shall take chairman a written report covering the in- (f) Subcommittee Hearings and Meetings.—(1) whatever action is necessary to have such formation gained as a result of the hearing, Each subcommittee is authorized to meet, budget duly authorized by the House. meeting, conference, facility inspection or hold hearings, receive evidence, and report (b) Committee Staff.—(1) The chairman shall investigation attended pursuant to such offi- to the committee on all matters referred to appoint and determine the remuneration of, cial travel. it or under its jurisdiction after consultation and may remove, the professional and cler- (4) Local currencies owned by the United by the subcommittee chairmen with the ical employees of the committee not as- States shall be made available to the com- committee chairman. (See committee rule signed to the minority. The professional and mittee and its employees engaged in car- VII.) clerical staff of the committee not assigned rying out their official duties outside the (2) After consultation with the committee to the minority shall be under the general United States, its territories or possessions. chairman, subcommittee chairmen shall set supervision and direction of the chairman, No appropriated funds shall be expended for dates for hearings and meetings of their sub- who shall establish and assign the duties and the purpose of defraying expenses of mem- committees and shall request the majority responsibilities of such staff members and bers of the committee or its employees in staff director to make any announcement re- delegate such authority as he or she deter- any country where local currencies are avail- lating thereto. (See committee rule VII(b).) mines appropriate. (See House rule X, clause able for this purpose; and the following con- In setting the dates, the committee chair- 9). ditions shall apply with respect to their use man and subcommittee chairman shall con- (2) The ranking minority member of the of such currencies; sult with other subcommittee chairmen and committee shall appoint and determine the (i) No Member or employee of the com- relevant committee and subcommittee rank- remuneration of, and may remove, the pro- mittee shall receive or expend local cur- ing minority members in an effort to avoid fessional and clerical staff assigned to the rencies for subsistence in any country at a simultaneously scheduling committee and minority within the budget approved for rate in excess of the maximum per diem rate subcommittee meetings or hearings to the such purposes. The professional and clerical set forth in applicable Federal law; and extent practicable. staff assigned to the minority shall be under (ii) Each Member or employee of the com- (3) Notice of all subcommittee meetings the general supervision and direction of the mittee shall make an itemized report to the shall be provided to the chairman and the ranking minority member of the committee chairman within 60 days following the com- ranking minority member of the committee who may delegate such authority as he or pletion of travel showing the dates each by the majority staff director. she determines appropriate. country was visited, the amount of per diem (4) Subcommittees may hold meetings or (3) From the funds made available for the furnished, the cost of transportation fur- hearings outside of the House if the chair- appointment of committee staff pursuant to nished, and any funds expended for any other man of the committee and other sub- any primary or additional expense resolu- official purpose, and shall summarize in committee chairmen and the ranking minor- tion, the chairman shall ensure that each these categories the total foreign currencies ity member of the subcommittee is con- subcommittee is adequately funded and and appropriated funds expended. All such sulted in advance to ensure that there is no staffed to discharge its responsibilities and individual reports shall be filed by the chair- scheduling problem. However, the majority that the minority party is fairly treated in man with the Committee on House Adminis- of the committee may authorize such meet- the appointment of such staff (See House tration and shall be open to public inspec- ing or hearing. rule X, clause 6(d)). tion. (5) The provisions regarding notice and the (c) Committee Travel.—(1) Consistent with agenda of committee meetings under com- the primary expense resolution and such ad- XII. AMENDMENT OF RULES mittee rule II(a) and special or additional ditional expense resolution as may have been These rules may be amended by a majority meetings under committee rule II(b) shall approved, the provisions of this rule shall vote of the committee. A proposed change in apply to subcommittee meetings. govern official travel of committee members these rules shall not be considered by the (6) If a vacancy occurs in a subcommittee and committee staff regarding domestic and committee as provided in clause 2 of House chairmanship, the chairman may set the foreign travel (See House rule XI, clause 2(n) rule XI, unless written notice of the proposed dates for hearings and meetings of the sub- and House rule X, clause 8 (reprinted in Ap- change has been provided to each committee committee during the period of vacancy. The pendix A)). Official travel for any member or Member 2 legislative days in advance of the chairman may also appoint an acting sub- any committee staff member shall be paid date on which the matter is to be considered. committee chairman until the vacancy is only upon the prior authorization of the Any such change in the rules of the com- filled. chairman. Official travel may be authorized mittee shall be published in the Congres- (g) Subcommittee Action.—(1) Any bill, reso- by the chairman for any committee Member sional Record within 30 calendar days after lution, recommendation, or other matter or- and any committee staff member in connec- its approval. dered reported to the committee by a sub- tion with the attendance of hearings con- f committee shall be promptly reported by the ducted by the committee and its subcommit- subcommittee chairman or any sub- tees and meetings, conferences, facility in- IN SUPPORT OF THE MANDATES committee member authorized to do so by spections, and investigations which involve INFORMATION ACT the subcommittee. activities or subject matter relevant to the (2) Upon receipt of such report, the major- general jurisdiction of the committee. Before The SPEAKER pro tempore. Under a ity staff director of the committee shall such authorization is given there shall be previous order of the House, the gen- promptly advise all members of the com- submitted to the chairman in writing the tleman from Colorado (Mr. TANCREDO) mittee of the subcommittee action. following: is recognized for 5 minutes.

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.001 H10FE9 2220 CONGRESSIONAL RECORD—HOUSE February 10, 1999 Mr. TANCREDO. Mr. Speaker, I rise search Service, the 1997 student-to- Mr. THOMAS. Mr. Speaker, I thank today with encouragement that this computer ratio in this country was 8- the gentleman for yielding. House just passed the Mandates Infor- to-1. Also in 1997, 78 percent of all One of the focal points obviously at mation Act, which will help to safe- schools were connected to the Internet, the beginning of this, the 106th Con- guard us from making unfunded man- remember, before this tax ever came gress, is the Medicare Commission dates to the private sector. into existence. which is scheduled to make its report, Well, I am here today to do just that, Mr. Speaker, the President has just if we can get 11 of the 17 members to to address an unfunded mandate that asked for another $766 million in his agree on a plan, in early March. I our constituents pay for every month Department of Education’s budget for would tell the gentleman that the in their phone bills, the E-rate pro- education technology alone. That is things that have taken place recently, gram, sometimes known as the ‘‘Gore three-quarters of $1 billion, and I quote primarily on the executive side of Tax,’’ because it has garnered the Vice his own budget summary, ‘‘as a part of Washington, have made it immensely President’s support. the President’s proposal to connect all more difficult for us to try to come to- As you know, Mr. Speaker, the intent schools to the Internet and put a com- gether. of the ‘‘Gore Tax’’ is to ensure that puter in every classroom.’’ Mr. Speak- In the context of trying to get 11 of 17 every school and library is connected er, this is the ‘‘Gore Tax,’’ and what is people who are very knowledgeable, to the Internet. But the FCC pays for this ‘‘Gore Tax’’ program? Is there not who have been experienced, four of this program by getting mandatory some duplication in a multibillion-dol- whom were appointed by the President, contributions from phone companies lar effort to put Internet in the four by the Speaker of the House, the and others. If you look at your phone schools? majority leader of the Senate, two by bill, you will see that mandatory con- In fact, there are over 20 Federal pro- the minority leader of the Senate and tribution passed on to you, the con- grams aimed toward this effort, not to minority leader of the House, to come sumer, as part of the Universal Service mention hundreds of State and local to agreement is difficult in the best of Charge. private initiatives. times. But when the President, in his Mandatory contributions. Mr. Speak- Last year, the Committee on Appro- State of the Union message, pulled like er, let us be honest. If it looks like a priations reported that the Department a genie out of the bottle, I am willing tax, it quacks like a tax, it is a tax. We of Education cannot account for the to put $700 billion on the table, and by can say that our annual ‘‘mandatory money it now spends in education tech- the way, I will bring the drugs in, contributions’’ to the government are nology. They cannot explain where this throwing a party, the difficulty of com- due on April 15th, but we know dif- money goes. In fact, the Committee on ing to agreement in the Medicare Com- ferent. Appropriations said that it fears mil- mission was blurred. It sounded as I have a chart here that shows how it lions of dollars might go unspent each though there was more money avail- works. First the FCC forces this man- year. able than anyone thought, and that it datory contribution on long distance Today, I am introducing the E–Rate is relatively simple to move prescrip- phone companies and others; second, Termination Act, and I would like to tion drugs into a Medicare solution. those companies make their massive thank the 13 original cosponsors of this The folks who are the participants in contributions to the Universal Service bill for recognizing the dire need for Medicare, the providers, the taxpayers, Corporation here. That is currently change. By eliminating this hidden tax, and the beneficiaries, all had a sigh of capped at $2.25 billion each year, this we can focus on honest and realistic relief that the problem has been solved, mandatory contribution. ways to address our schools’ and librar- when in fact, as we are now discov- Only here, only in government, only ies’ technological needs, and I ask for ering, as Samuelson’s excellent guest at the Federal Government, could we my colleagues’ support. editorial in the Washington Post today actually come up with these f spelled it out, that there was a lot oxymoronic statements, that this is a more smoke and mirrors in the Presi- mandatory contribution. PROTECTING AND PRESERVING dent’s budget than anyone anticipated. But what the Vice President and MEDICARE FOR THE NEXT GEN- Just a couple of examples of the dif- other E-rate supporters do not want ERATION ficulty. When the President said that you to know is that this is a hidden The SPEAKER pro tempore (Mr. he was going to put $700 billion on the tax. Consumers are forced to pay this BURR of North Carolina). Under a pre- table, that is not the case. When the charge through their monthly phone vious order of the House, the gen- President said we should have a pre- bills. This is where the hidden tax is tleman from Georgia (Mr. KINGSTON) is scription drug benefit in Medicare, ev- found, and I would like to eliminate it. recognized for 5 minutes. eryone nods their head yes, and we are Mr. Speaker, Americans today are Mr. KINGSTON. Mr. Speaker, I want- in agreement that that should occur. taxed at the highest levels in history. ed to talk a little bit about what the But what is not explained, and what In fact, the Congressional Budget Of- Republican agenda is this year. We most people do not realize, I would say fice recently reported that Federal tax have been saying BEST military. B for to the gentleman from Georgia, is that revenues have reached a peacetime balancing in the budget, paying down 65 percent of the seniors on Medicare record level of 20.5 percent of the Gross the debt, responsible spending; E for have some sort of prescription drug Domestic Product. But, Mr. Speaker, this is not just a excellence in education; S for saving program. What we need to do is exam- hidden tax, it is also an unnecessary Social Security; T for lowering taxes ine the 35 percent who do not and cre- tax. I have some statistics here from and having a strong military presence ate a program that brings them into a the Congressional Research Service that we need in the world today. protective structure to shelter them that came before the ‘‘Gore Tax’’ was I have with me a distinguished mem- from the full cost of prescription drugs, created. ber of the Committee on Ways and without driving out those other 65 per- Now, remember this tax was put on, Means, the gentleman from California cent who do have a drug support pro- it was snuck through essentially in (Mr. THOMAS) who has worked so long gram in some way. order to provide technological support on protecting Medicare and working It just seems to me that for the and technology support for schools, in for lowering taxes, and also the gen- President to make the statements that order to encourage them to get on to tleman from California (Mr. OSE), one he did in January and February, when the Internet and to put computers in of our distinguished freshman Mem- we are on the verge of having to make classrooms. bers, and we were just going to talk an agreement in March, that advert- about some of the things we hope to ac- ently or inadvertently he has created a b 1415 complish. far more difficult problem for us than But before this tax was ever passed, Mr. Speaker, I yield to the gentleman we had prior to what he considered according to the Congressional Re- from California (Mr. THOMAS). helping statements. That is exactly the

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.001 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2221 wrong kind of approach to solving a Prevention’s Breast and Cervical Can- stituent, Jane Torres, who is the Presi- very difficult problem in terms of the cer Early Detection Program, and this dent of the Florida Breast Cancer Coa- kind of help the President could give. If provides screening for women who do lition, for bringing this important the President showed leadership, if he not have health insurance coverage and issue to the forefront of our agenda. brought ideas to the table, if he em- who do not qualify for either Medicaid Through their many years of hard work powered his appointees to sit down and nor Medicare. While this was a great and dedication to advocate sufficient work with the Senator from Louisiana, advancement, it became evident that it funding for research and education, and the chairman of the committee, Sen- was only an initial step and that a for ensuring quality in health care for ator BREAUX, all of those would be more viable yet long-term solution was all without fear of discrimination, positive. needed. What is needed is funding for many of these women have been Our hope is that in the remaining treatment services once a woman is di- helped. weeks of February, the President will agnosed with breast or cervical cancer. Before my colleagues prepare to go engage, he will lead and assist us in What happens to the woman who is back to their districts, I hope that all reaching a solution that all of us want: diagnosed with this through the Fed- of us in the Congress will remember a better Medicare for our seniors. eral CDC program and is not able, not the Yolandas and the Marias in their Mr. KINGSTON. Mr. Speaker, I financially able to afford treatment? districts as well. I hope that they will thank the gentleman. Should she be left to die? Should she be acknowledge the many cases that re- Mr. Speaker, I yield to the other gen- forced to spend her days holding bake semble theirs and the many women tleman from California (Mr. OSE). sales and car washes to get the funds who are counting on us to do the right Mr. OSE. Mr. Speaker, I realize my needed to treat her potentially fatal thing. I hope that all of us will support time is short. I just would like to em- disease? Should she be forced to let The Breast and Cervical Cancer Treat- phasize, following the comments from time elapse as she scrambles for money ment Act, to give women a fighting my distinguished colleague from Cali- from various health care agencies and fornia, the importance of this issue for chance against this disease and to dwindling State funds? truly reduce the incidence of death me personally. I can recall on numer- Unfortunately, this is the scenario from breast and cervical cancer. ous occasions being visited by residents that is occurring in the lives of many of the Third District talking about women who are diagnosed positively f their need for adequate medical care. through the CDC program. In my con- DEALING WITH THE DEFICIT We are going to work on this, this gressional district of Miami, for exam- year. The gentleman from California The SPEAKER pro tempore. Under a ple, Mr. Speaker, a lady named Yo- previous order of the House, the gen- (Mr. THOMAS) is leading us forward, to- landa qualified for a free mammogram tleman from Washington (Mr. SMITH) is gether with the gentleman from Lou- screening, and after suspicious results, recognized for 5 minutes. isiana. I think we are going to make was recommended for a surgical biopsy. Mr. SMITH of Washington. Mr. progress. This recommendation took place a Speaker, throughout the 1980s and into Mr. KINGSTON. Mr. Speaker, I just year ago, yet Yolanda has yet to under- the 1990s, no problem loomed larger in want to say, what we are trying to do go a biopsy for fear of placing an even our Nation than the growing, seem- is find the balance to protect and pre- bigger financial burden on her husband, ingly never-ending Federal debt. Now, serve Medicare, not for the next elec- who holds only a low-paying job. tion, but on a bipartisan basis for the Another constituent of my congres- we have gotten to the point where that next generation. sional district named Maria was rec- Federal debt is at $5.5 trillion, and in the early 1990s we were adding to it to f ommended to undergo diagnostic pro- cedures after an abnormal screening in the tune of almost $300 billion a year THE BREAST AND CERVICAL 1996. Although she qualified for free di- and more, and projections showed that CANCER TREATMENT ACT OF 1999 agnostic procedures, she was told that going up forever. It looked like it was The SPEAKER pro tempore. Under a treatment would not be covered. As a never going to end and it did not seem previous order of the House, the gentle- result, Maria has yet to undergo these like we were ever going to get out of woman from Florida (Ms. ROS- necessary procedures for fear that she the debt spiral. LEHTINEN) is recognized for 5 minutes. would not be able to pay for treatment I rise today to give a little good Ms. ROS-LEHTINEN. Mr. Speaker, if, in fact, the treatment is needed. news, that we are headed in the right this afternoon I would like to highlight The bill of the gentleman from New direction finally on the debt issue, but an issue that is of great importance to York (Mr. LAZIO), The Breast and Cer- also to emphasize the importance of the future of our wonderful country. I vical Cancer Treatment Act, will put going the whole way: getting the budg- want to talk about a rapidly-growing, an end to the cruel and heartbreaking et balanced, and perhaps as important, pervasive disease that is affecting the irony of providing screenings, yet no paying down some of that debt. stability of many families and many treatment. His bill will provide States Since 1992 we have seen reductions in homes throughout our land. an optional Medicaid benefit to provide the yearly deficit, to the point where Mr. Speaker, I would like to talk coverage for treatment to low-income in this past year that deficit is only about breast and cervical cancer and women screened and diagnosed with about $30 billion. how it is up to each and every one of us breast and cervical cancer through the b 1430 to eradicate this disease, and how each CDC early detection program. one of us could be faced with the oppor- Fortunately, the number of women I know Members have heard we have tunity to help eradicate these diseases who need actual treatment for these a surplus, but we really do not, because by cosponsoring the bill sponsored by cancers are not many. In fact, through we are still counting the money we the gentleman from New York (Mr. the CDC program less than 4,000 women borrow from the social security trust LAZIO), The Breast and Cervical Cancer have been diagnosed with breast cancer fund as income, and it is really not. We Treatment Act of 1999. and less than 350 women have been di- have to pay that money back. So with- Breast and cervical cancer do not dis- agnosed with cervical cancer over a pe- in the unified budget we are $30 billion criminate. These diseases can affect riod of 9 years. With little cost to the in debt this year, and have a projected every mother, daughter, sister, includ- taxpayer, the legislation of the gen- surplus for 2001. So we are headed in ing ours. And although these diseases tleman from New York (Mr. LAZIO) the right direction, but we need to are not as of yet preventable, they can would positively impact the lives of maintain that fiscal discipline to get be stopped in their tracks with treat- thousands of women and their families there, to get the budget balanced. ment if they are detected early in their by providing guaranteed access to To show just how big a problem the development. treatment. debt is, I have brought a chart with me Congress has gone as far as passing I salute the National Breast Cancer today that shows where the Federal the Centers for Disease Control and Coalition and especially my con- Government spends its money. It

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.001 H10FE9 2222 CONGRESSIONAL RECORD—HOUSE February 10, 1999 spends it in a variety of different areas. THE NEW DEMOCRATIC COALITION sand on the Dow was not achieved in The third largest chunk of money STANDS FOR FISCAL RESPONSI- the 1980s when we had huge tax cuts, going out of the Federal Government BILITY most of them focused on the rich and right now goes to interest on the debt. The SPEAKER pro tempore. Under a the business community and the cor- Fourteen percent of our budget, or $243 previous order of the House, the gen- porate sector. billion a year, is paid on interest on tleman from California (Mr. SHERMAN) We have achieved near record levels the debt. is recognized for 5 minutes. and record levels on Wall Street not be- What that means is that this money Mr. SHERMAN. Mr. Speaker, the new cause of the lowest possible taxes, but basically is not helping us do anything. Democratic coalition, several of my because of the most responsible Fed- It is not helping us cut taxes, it is not colleagues along with myself, have eral government we have seen in mod- helping us cover social security or na- come to the floor to speak in favor of ern history. While Europe, each coun- tional defense or health care for sen- fiscal responsibility. We are faced with try in Europe, tends to run a deficit of iors. It is simply going to service the a philosophical and fiscal choice this two or three percent of its GDP, we in debt we ran up over the course of the year, and it is a wonderful choice to the United States have shown that de- last 30 years. make. It is a choice on how we deal mocracy can go hand-in-hand with fis- If we can reduce this number we can with a surplus. cal responsibility. do dramatically positive things for this I was a member of the Committee on As for middle-class families, middle- country, either by reducing taxes or the Budget, and in 1997 we came up class families deserve and need a tax funding necessary programs. It is very with a plan to make sure that we cut. We voted for one in 1997, and I important that in the next 10 years we eliminated the Federal deficit by the hope to provide targeted tax cuts for do this, we start to reduce the debt, be- year 2002. Many scoffed that that plan, middle-class families and be part of cause the economy is strong now. We although it was adopted by this House, providing that today. have an unemployment rate of 4.3 per- could not possibly achieve the objec- As this chart illustrates, middle-class cent. We have record low inflation. tive by 2002. It is with some pride and families will benefit just as much or Now is the time to pay down that debt. some great hope that we are now, not more from a reduction in interest rates A crisis will come. The economy can- as they will from the tax cuts that are not remain in boom times forever. in 2002 but 1999, wondering what to do with the Federal surplus. I believe we being proposed. This chart dem- When it does, we are going to need the onstrates that even with an average- resources to deal with that crisis. If we should continue the same fiscal poli- priced home, and they are twice as ex- do not step up to the problem now, cies that got us the surplus. The choice before us is major across- pensive in my district, the savings is start paying down the debt during good $1,860 from a fiscally responsible budg- times, we will be in horribly bad shape the-board tax cuts that we cannot af- et. when the bad times come. ford, or major Federal spending pro- I rise with particular emphasis on grams of tens of billions of dollars that f we cannot afford, or alternatively, this point as a Democrat because I WITH BIPARTISAN FISCAL RE- modest tax cuts and saving the lion’s think Democrats need to be for fiscal SPONSIBILITY ALL THINGS ARE share of the surplus. It is that latter responsibility and emphasize that that POSSIBLE is a cornerstone of our message, is to course, the course of fiscal responsi- The SPEAKER pro tempore. Under a get the budget balanced, keep it that bility, that is better not only for social previous order of the House, the gen- way, and pay down the debt. I think security and Medicare but also for the tleman from Florida (Mr. SCAR- that is a very important principle for business community, for middle-class BOROUGH) is recognized for 5 minutes. the Democratic Party to stand up for. families, and for the poor. Mr. SCARBOROUGH. Mr. Speaker, I I as a Democrat I am going to stand up As a Democrat, many of my years must tell the Members that I have been for that. This will have dramatic ef- were spent, and I got active in politics very encouraged by the last two fects on individual lives, as well. relatively early, focused on programs Speakers who are going to follow me like the Great Society, programs de- speeches from our Democratic friends are going to talk a little bit about the signed to help the poor and the dispos- talking about the need for fiscal re- positive effects of reducing interest sessed, and make sure that we are sponsibility. I really do believe that de- rates on peoples’ lives. If the govern- brought together as one Nation. spite the fact that the chattering class- ment is not out there sucking up all of But when I got to Congress we all fo- es on TV every night talk about how the money, that means that others, cused on fiscal responsibility, not new this Republican Party is getting bru- small businesses, farmers, individuals, government programs, as a way of talized by the polls in the area of pub- people looking for student loans, home achieving a great society. We were lic opinion, I have to tell the Members mortgages, will have access to that right to do so, because the greatest that I am very encouraged, because it money and to borrow it at a better possible program for the poor is a na- appears that we have won the debate. rate, because the government is not tional economy that is creating new To hear Democrats talking about fiscal out there grabbing all of it. If the in- jobs. What more proof do we need than responsibility in 1999, talking about terest rates go down, that improves in- just 2 days ago the announcement that the deficit, talking about staying away dividual’s lives in a wide variety of Hispanic unemployment and African from tax increases, these are the very areas, some of which my colleagues American unemployment reached the things that got me to Washington in will touch upon in a minute. lowest levels in the history of those 1994. The bottom line point here is with statistics being kept in America? I remember back in 1993 when the the economy strong, with us headed in Lyndon Johnson would be proud, per- new President, who was elected by the right direction, finally, on fiscal haps, that we achieved a goal that was promising to reduce the deficit by cut- responsibility, we need to stay with always out of sight for the Great Soci- ting spending and cutting middle class that discipline and get there, get the ety, but now is in sight for a fiscally taxes, came forward and he increased budget balanced, start paying down the responsible society. The best thing we taxes, and actually gave us one of the debt so we can strengthen our entire can do for the poor is not necessarily a largest tax increases in the history of economy, create more jobs, and create new Federal program, but it is keeping this country. a better future for ourselves and for this Federal expansion going. Likewise, I ran because of that, and I have to our children. it is the best thing we can do for the tell the Members, when I ran in 1994 I I strongly urge my colleagues today business community and for middle- talked about the deficit. I talked about to maintain fiscal discipline and pay class families. the need of cutting the deficit, cutting down the debt. That needs to be one of Yes, the business community likes spending, reducing the size of Wash- our number one priorities for the com- and deserves and wants a tax cut. But ington, and creating an explosive econ- ing decade. today’s market of, or nearly, a thou- omy that would lift all boats.

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.001 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2223 What happened? In 1994 when I came ple who came after 1995 and 1996, and et has made it clear that, as the Fed- to town we had deficits approaching when they team up with other conserv- eral Government borrows less and less, $300 billion. Now, of course, we are ative Democrats to join up with those as more and more money is available in moving towards a true surplus. In 1994 of us that believe the deficit and the the private sector, interest rates will interest rates were about 3 percent long-term debt really is a drag on the go down. Interest rates could go down higher. The last gentleman who spoke, economy, I think that all things are as much as two additional points if we who I agreed with, the last gentleman possible as we go into this new cen- continue our course of fiscal responsi- who spoke talked about how in 1997 tury. Again, I am very, very encour- bility and do as the President has advo- they came up with a budget plan that aged. cated, use the lion’s share of the sur- would balance the budget by the year f plus in the Social Security Trust Fund 2002. to pay down the debt. Actually, I remember when we got IMPORTANT CHOICES: HOW TO USE What does that mean to us as the here in 1994 and we were sworn in. In EMERGING SURPLUSES IN FED- consumers? Look at the average mort- early 1995 the chairman of the Com- ERAL GOVERNMENT FUNDS gage, about $115,000 in many parts of mittee on the Budget, the gentleman The SPEAKER pro tempore. Under a the country. One is paying $844 every from Ohio (Mr. JOHN KASICH) invited previous order of the House, the gen- month on one’s mortgage to keep one’s the Fed chairman Alan Greenspan to tleman from Florida (Mr. DAVIS) is rec- home. If interest rates go down two ad- come and testify on Capitol Hill about ognized for 5 minutes. ditional points, that could mean a drop the long-term effects of balancing the Mr. DAVIS of Florida. Mr. Speaker, I in one’s monthly mortgage payment to budget, under our plan of balancing it want to talk today about a very impor- $689. That is $155 in one’s pocket that by 2002. tant choice before the Congress and be- one did not have beforehand. One did Alan Greenspan looked at the gen- fore the United States. It has to do not have to call one’s accountant to tleman from Ohio (Chairman KASICH) with how we use the surplus that has figure out how to use the tax code to and said, ‘‘If you only have the polit- developed in the social security trust take that savings. It is money in one’s ical courage to move forward and bal- fund, and in the years ahead, the sur- pocket every month. ance the budget by 2002, we will see the pluses that will begin to develop else- That is what low interest rates are fastest peacetime economic expansion where in the Federal Government if about. That is what it is about when we since the war.’’ this economy continues to be as talk about using the lion’s share of the What was the President’s response? healthy as it has been. surplus in the Social Security Trust The President, who now talks about I support the President’s position Fund to pay down the debt. how he is this great fiscal discipli- that we take the lion’s share of this Let me give my colleagues another narian, the President came out in 1995 surplus in the social security trust example. Many children and adults in and said balancing the budget by 2002 fund and use it to pay down the debt. this country have student loans. As in- would destroy the economy, would Those of us who serve on the Com- terest rates drop in response to us pay- wreck all the economic growth that we mittee on the Budget have the job to ing down the Federal debt, it will have were fighting for. I do not say this to say that the Re- begin to sort through the fine print on a positive impact on people that are publicans exclusively are responsible this. working so very desperately to repay for this strong economy, or the fact What is becoming clear is what the their student loans. that we are now playing surplus poli- President has proposed is balanced. In many parts of the country, the av- 1 tics, because really, there is enough What the President has proposed is erage student loan rate is about 8 ⁄4 credit to go around. that as we pay down the debt, we will percent and a balance of about $35,000. What I am saying is there is a danger be protecting social security for the re- There are a lot of students and former of us sitting here today in 1999 and re- tirement of the baby boomers in the fu- students in this country that owe a lot writing history. There is a danger that ture. We will be protecting Medicare of money to the Federal Government. we forget just how hard we had to fight for the future as well. If interest rates continue to decline as we pay down the debt, one can see as this President, who was willing to veto b 1445 every appropriation bill, shut down the much as a $385 drop per month in stu- government, turn around and blame it The position that we should be tak- dent loans. That is money in one’s on us, because he said our plan to bal- ing, the balanced position we should be pocket. That is better than most of the ance the budget by 2002 would destroy taking is, if we want additional spend- tax cuts one will hear advocated up the economy. ing as a Democrat or Republican for here. Let me tell the Members, history has education or other programs, we find a We are doing it in a way that is re- shown that we were right, and that, place to cut the Federal budget to fund sponsible. We are paying down the Fed- more importantly, Alan Greenspan’s that, but do not use the surplus. Let us eral debt. We are protecting Medicare. prediction in 1995 was correct. At the pay down the debt first. We are protecting Social Security by same time that the President was say- If we want to cut taxes, which we doing the same thing that each of us ing that balancing the budget in 7 should do, find a place in the Federal does at home, which is try to keep our years would destroy the economy, the Government to cut spending to support checkbook in order. Fed chairman was saying, ‘‘Go ahead. that tax cut, but do not use the sur- So I support the President’s position Do it. Damn the political torpedoes. plus. Use the surplus to pay down the that we use the lion’s share of the sur- Take that opportunity to balance the debt. This can be done. plus in the Social Security Trust Fund budget. The markets will respond.’’ We did it in 1997 with the Balanced to pay down the debt. It is the right As the last gentleman said, they have Budget Act. We enacted tax cuts of thing to do. It is good for Social Secu- responded. Interest rates continue to over $90 billion by cutting spending rity. It is good for Medicare. It will fall, the stock market continues to ex- elsewhere in the Federal Government, help consumers at home. It will lower plode, and the great news is that unem- not relying upon the lion’s share of the interest rates. ployment among minorities is dropping surplus. That should go into paying f to a record low. Unemployment across down the Federal debt. the country is dropping to record lows. Let me talk about the very impor- MAKE 1999 THE YEAR OF THE Again, I see this as a very, very posi- tant fact of how this benefits all of us TROOPS tive sign that all the things that we at home. As we begin to pay down the The SPEAKER pro tempore (Mr. fought for in 1995 were really worth debt, we will continue to enjoy a very BURR of North Carolina). Under a pre- fighting for. healthy economy. vious order of the House, the gen- I have to tell the Members, these Alan Greenspan who has testified be- tleman from Missouri (Mr. SKELTON) is past two Members who spoke are peo- fore the House Committee on the Budg- recognized for 5 minutes.

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.001 H10FE9 2224 CONGRESSIONAL RECORD—HOUSE February 10, 1999 Mr. SKELTON. Mr. Speaker, under better reward performance by compen- est of our children that we commit our- the Constitution, the Congress of the sating service members for skills and selves to paying down the national United States is responsible for the na- education and years of experience. debt, that we support President Clin- tional security of our country. The Then there is the reform of the re- ton’s decision to use these surplus dol- first priority for 1999 should be to make tirement system, a return to the 20- lars that we are going to be generating this the year of the troops. year retirement to 50 percent of the over the next 15 years to try to pay off The service chiefs several days ago basic pay. the $3.7 trillion in national debt that testified before the Committee on Congress can do these things, but we have accumulated over the last 20 Armed Services on which I serve that can and, frankly, we should do more. It years. their troops are the most important was General Hughes Shelton, the chair- It does not matter if we are a sup- part of the military that is in need. man of the Joint Chiefs of Staff, who porter of defense or if we are a sup- Problems are there that must be ad- testified several days ago and said, porter of education. It is in all of our dressed. ‘‘You can’t pay our troops too much, interest to pay down the national debt. The first problem is that of reten- but you can pay them too little.’’ The reason for that is very simple to tion, retaining the capable and bright We should consider a Military Thrift understand. When we look at how the young people in our military forces, Savings Plan—which many corpora- government spends every tax dollar whether it be the Army, Navy, Ma- tions afford their employees. We need that we receive, I think half of us rines, or Air Force. We are having trou- to take better care of the families by would be surprised when we identify ble retaining mid-career officers. We better family housing and improving that the third largest expenditure of are having trouble retaining non- their medical care, making sure that the Federal Government is on interest commissioned officers and those with TriCare works the way we intend it to on the national debt. Fourteen cents of critical skills, pilots, airplane mechan- work, make sure that they have better every tax dollar collected is going to ics, those that are skilled with com- barracks for those who are single and pay interest on the national debt. By puters and information systems. do not have families. comparison, we are only spending $55 We should ensure that the people in Another problem is that of recruit- billion on education or 3 cents on every the military do not get left behind in ing, causing young people to want to dollar. the booming economy that we have, or join the services. All four of the serv- So the decision by the President and else they tend to leave the military be- ices are having difficulty with recruit- many of us in the Democratic Party to hind. ing. All of the services, with exception commit ourselves to paying down the We have a highly capable military of the Marine Corps are not meeting national debt, what it means in effect force, I think the finest our Nation has their goals. is that we are going to reduce this $243 ever had. But the key, of course, is the The Army will have a shortfall of billion that we are spending every year people, qualified, motivated, intel- some 3,000, maybe even as high as 6,000 on interest in order that we can ensure ligent, hardworking people of whom we people in their recruiting goals. The that we will have the ability to meet a are so proud. Navy could be as many as 4,000 short. We need to keep and attract quality lot of other pressing needs, whether it The Air Force plans to buy television people, to train them, and ensure that be national defense or whether it be ads for the first time. If retention and their morale remains high. It will re- education. recruiting are not improved, the serv- quire a multiyear effort. Mr. Speaker, As I said earlier, this is in the inter- ices will be unable to make the end we should begin that effort now by est of all of our families because, by strengths, that is the numbers that are making the year 1999 the year of the paying down the national debt, we are allocated by law, which by the way are troops. also going to be alleviating the burden already too low. on an average family of four today who For example, the Army ended 1998, f is paying, in effect, $3,644 a year to fi- fiscal year, approximately 4,000 people USE SURPLUS TO PAY DOWN nance that interest. under strength. All of this leads to a NATIONAL DEBT We had earlier speakers that talked readiness problem, whether the forces The SPEAKER pro tempore. Under a about what it means in terms of mort- are ready to perform their job at the previous order of the House, the gen- gage payments. If we paid down the na- highest level that the American people tleman from California (Mr. DOOLEY) is tional debt, we are going to see an ex- expect of them. The readiness problem recognized for 5 minutes. pected reduction of interest rates of 2 deals with the services, high operations Mr. DOOLEY of California. Mr. percent, which again means the dif- Tempo, and a shortage of spare parts Speaker, this year marked a real turn- ference in a monthly mortgage pay- that contribute to the reduction in this ing part in the recent history of our ment of $155 a month. readiness. country as this was the first year in When people talk about making a tax In addition, the operational Tempo, over a couple decades that we actually cut or providing all of our citizens with that is being gone so much, puts a could no longer talk about our country a tax cut, I can think of no better tax strain on families; and the spare parts running a deficit but actually talk cut than paying down the national debt shortage adds to job dissatisfaction. about our country running a surplus. because we are, in effect, reducing the Both in turn contribute to the prob- When I first was elected to Congress burden of this interest payment. lems of recruiting and retention. over 8 years ago, we were talking about I myself, besides being a Member of The Department of Defense proposal budget deficits that were approaching Congress, am a farmer. As most farm- for military pay retirement is a good $290 billion a year. Today, this year, ers, we have to borrow money in order first step. I compliment the Secretary because of the great leadership of to operate our enterprises. An average of Defense and those that have studied President Clinton and Republicans as operating loan of maybe $250,000 a year, this issue on that initiative. well as Democrats in Congress, we have that 2 percent reduction in interest There is a pay triad that has three made the tough choices that have put rate means $5,000 in the bottom line in aspects that we need to look at regard- us on the path of greater fiscal respon- profits to a farmer. ing paying the young people who serve sibility. When we purchase a new piece of and those who serve for a career. First This year in Congress, we are once equipment, which are becoming in- is the across-the-board pay increase for again going to be called upon to make creasingly expensive, an average com- all service members, 4.4 percent, effec- some tough choices about how should bine today costing $200,000, again the tive January 1 of the year 2000, with we proceed in terms of making deci- benefits of paying down our national additional raises programed for the sions to ensure that we maintain a debt, which will reduce interest rates, year 2001 and 2005. path of fiscal responsibility. will manifest itself in a total savings The second part of this triad is the I am here to argue that it is the in- on interest on the purchase of one com- pay table reform, additional raises to terest of our families, it is in the inter- bine of over $11,000 a year.

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.001 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2225 So in this Congress, when there is Take a look at welfare reform, when terest rates on mortgages and loans going to be a debate among those who the Democrats said they were respon- will continue to remain attractive. are supporting a policy that the Presi- sible for the deficit. First of all, the This booming Federal economy has dent is advocating of paying down the President vetoed the balanced budget. passed on some benefits to the Federal national debt in order to try to keep And I think we can all remember he Government. The most notable are the this economy on a sound path, in order said, well, it will take two years. It increased tax revenues and Social Se- to ensure that we can see even lower will take four years. It will take six. It curity dollars that result from a fully interest rates than we see today, that will take eight. And finally, after the employed workforce. With this econ- is a course we should take. third time, he came around and signed omy, Congress is faced with a new and I think we ought to be very cautious it and gave us the same Medicare pro- interesting predicament of deciding in succumbing to the allure of tax cuts gram that they put over $100 million in what to do with those Social Security which would pose a great jeopardy to ads demonizing the Republicans for and surpluses. the country if they are not paid for by he signed that. But for 40 years they If we look only at the short term, we reductions of spending in other compo- took money out of the Social Security might be tempted to spend those funds nents in our budget, because they have account and paid for welfare. on what later generations would call the danger of taking us once again The President just said in his State reckless tax cuts. Now, I support cut- down a path that will lead to increased of the Union, look, we have less than ting taxes and I hope we can find some deficits and increased national debt, one half of the welfare rolls that we did room this year to do just that. But the which will undermine the solvency of before. Now, instead of government American public is more savvy and will our economy and certainly will con- having to pay people on welfare and not condone irresponsible use of pro- tinue to obligate our families and fu- take out of the budget, now the Wel- jected budget surpluses. ture generations the responsibility of fare to Work program, we have people My constituents, if they retired, continuing to pay the carrying cost of actually working and contributing to would not go out and spend all of their our excess spending of today. the budget and adding to that. That is retirement on a new sailboat the day f more money. they retired. Well, I think they want us The billions of dollars that we gave to show that same fiscal restraint and b 1500 to welfare recipients, the average, Mr. discipline. DISCUSSION ON THE SURPLUS Speaker, was 16 years, the average, on While economists are predicting good The SPEAKER pro tempore (Mr. welfare. That is wrong. All of those times ahead, our future also holds a BURR of North Carolina). Under a pre- savings and the quality of life for those growing number of baby-boomers who vious order of the House, the gen- families and for those children that will be moving from the work force tleman from California (Mr. were on welfare is better. into retirement. They have paid into CUNNINGHAM) is recognized for 5 min- Are there people that need welfare Social Security and they should know utes. money? Absolutely. And we do not it will be there for them in the future. Mr. CUNNINGHAM. Mr. Speaker, mind giving our tax dollars to that. The youngest citizens of our Nation there has been a lot of discussion on But 16 years is too much. But yet many also need to know that we are thinking the surplus, not just how to spend it of the progressive caucus would just ahead. If we work to save Social Secu- but how we got here. Different people give more money and more money and rity and Medicare now and pay down can take a different view of both, but I more money without managing the our national debt, we will leave them would like to point out some actual program. That is what led a lot to the with a healthy economy and the re- facts. deficits that we had in the different sources they need to move this nation First of all, in 1993, the White House budgets. ahead. under President Clinton, they had the If we take a look at the balanced This year, as a member of the Com- House, the Senate and the White budget, the balanced budget, according mittee on the Budget, I will be looking House. They gave us in 1993 what the to Alan Greenspan, has lowered inter- forward to working on these issues. We Democrats called an economic stim- est rates between 2 and 8 percent. Look know that the part of our national debt ulus package, which raised taxes to the at what that has done to the markets ‘‘held by public’’ will be 42 percent of highest level ever on the American and the increase in the markets, in the our Gross Domestic Product this year. people, and they state that that economy. Capital gains reductions paid This is the term we use to describe the brought us the surplus. for itself. money the Federal Government has I would claim that that is inaccurate. If we take a look at the other tax borrowed from banks and pension Because in 1995, when the Republicans breaks that we gave to American peo- funds. With a Federal debt in the area took over the House and Senate, we re- ple so that they spent the dollars, not of $5 trillion, we need to focus on pay- jected over 90 percent of that economic the government, the surpluses are due ing that down and end the process of stimulus package. We are not even op- because the Republicans gave money borrowing. erating under that stimulus package. back to working people instead of tak- The budget proposal sent to Congress And what did that stimulus package ing it away. by the President does just that. It do? It increased the tax on Social Secu- f makes sure that we save and makes rity. It increased the tax on middle-in- sure that Medicare and Social Security come working families. I do not use the FISCAL DISCIPLINE AND are there for the future, as well as it term ‘‘middle-class.’’ I do not think REDUCING NATIONAL DEBT pays down the debt. This is a home run there is any such thing as a middle- The SPEAKER pro tempore. Under a for all of our citizens. class citizen. There are middle-income previous order of the House, the gentle- If my colleagues look at this chart, citizens. And for the first time, in 1995 woman from Oregon (Ms. HOOLEY) is we look at the interest again, 14 per- we decreased the amount of tax on So- recognized for 5 minutes. cent. If we have the discipline, the fis- cial Security that the 1993 bill did. And Ms. HOOLEY of Oregon. Mr. Speaker, cal discipline, to make sure we have when people fill out their tax forms Americans now are looking at the long- Social Security there for the future, this April, for the first time, they will est peacetime expansion of the United that we have Medicare there for the fu- receive a $400 deduction per child. Next States economy since the start of the ture and pay down that debt, we will year that will go to $500 per child. 20th century. The outlook for our fu- get that down to about 2 cents per dol- They can also receive tax credits. ture is rosy. Economic growth is ex- lar. With that kind of a reduction, I But we repealed the 1993 bill to actu- pected to continue to rise, and unem- want to tell my colleagues, there will ally give more dollars back to working ployment is predicted to stay below 5 then be real money for tax cuts and Americans instead of the Government percent. Inflation is expected to re- real money for investing in a lot of pro- itself. main low, and it is believed that the in- grams that people want.

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.001 H10FE9 2226 CONGRESSIONAL RECORD—HOUSE February 10, 1999 I am looking forward to working on Americans as potential victims of H.R. proved that radiation was winding up this agenda that will be healthy for the 45. in the bodies of American children future economy of the United States. Americans from all parts of the coun- through the milk they were drinking. f try would be exposed to unacceptable Underground testing was supposed to and unnecessary risk because they live be the safe answer, or so the Govern- NEVADA IS TARGET FOR NUCLEAR near highways and railroads where ment said. The radioactivity would be PAYLOAD nuke trucks and trains would roll. trapped underground, never to get out, The SPEAKER pro tempore (Mr. Moving nuclear waste to Nevada would except that some of the underground PEASE). Under the Speaker’s an- require well over 100,000 long-haul ship- shafts burst open, spewing radiation nounced policy of January 6, 1999, the ments. Nuclear waste will be speeding into the air. Now scientists are finding gentlewoman from Nevada (Ms. BERK- around the clock every day for nearly that plutonium thought to be trapped LEY) is recognized for 10 minutes as the 30 years on our roads and rails. This in these test shafts is moving through designee of the minority leader. should sound a national alarm. the groundwater at alarming speed. Ms. BERKLEY. Mr. Speaker, I come The deadly cargo will intrude on 43 b 1515 before my colleagues to give voice to States and hundreds of cities and the well-founded fears and concerns of towns across our nation. Fifty million So I have a healthy skepticism about the citizens of the Las Vegas Valley, Americans live within just a mile and a Federal nuclear programs. My healthy which is my home district, and the half of shipping routes. The waste will skepticism persuades me that H.R. 45 citizens of the entire State of Nevada. rumble through Birmingham, Alabama; is, in fact, a Trojan horse for perma- Over one and a half million Nevadans Laramie, Wyoming; Portland, Maine; nently dumping high level nuclear live within an hour or so drive from the and the suburbs of Los Angeles; Miami, waste in Nevada. Make no mistake, there is nothing so-called temporary high level nuclear Florida; Kansas City; and St. Louis, temporary about H.R. 45. This bill is a dump proposed in H.R. 45. This bill Missouri. In short, nuclear waste will political vehicle to get the waste to Ne- would dump over 70,000 tons of an in- be on the move all over the country all vada, to be conveniently parked next credibly lethal substance at one loca- the time for 30 years. door to Yucca Mountain, the site of a tion in southern Nevada. Those Nevad- The Department of Transportation failing effort to justify a permanent ans, mothers like myself, fathers, sons, counted more than 99,000 incidents in which hazardous materials were re- dump. daughters and grandparents, deserve The past year has been marked by a the same health and safety protections leased from trucks and trains from 1987 to 1996, causing 356 major injuries and quickening pace of scientific evidence as every American. that clearly eliminates Yucca Moun- H.R. 45 would deny equal protection 114 deaths. The Department of Energy has described a plausible crash scenario tain as a safe place for nuclear waste. under the law to the citizens of Nevada Water will saturate the dump. Those and to future Nevada generations. But involving high impact and fire that would contaminate an area of 42 square who thought Yucca Mountain would be I will also discuss how this bill places dry for 10,000 years are stunned to dis- Americans in all parts of this country miles with radioactive debris. It is truly horrifying to picture this hap- cover that water is filtering through at at risk. an alarming rate. Yucca Mountain has When one lives in a State that has pening in a populated area. We have been repeatedly told that been, is and always will be jolted by been singled out as the target for a nu- shipping nuclear waste across the earthquakes. In recent days seismolo- clear payload, he gives close attention country and stashing it at a dump site gists described swarms of earthquakes to the issue. Nevadans know just how is safe. But let us take a brief look at that rocked the area. To visit Yucca toxic, how dangerous, how menacing the history of how the Federal Govern- Mountain is to feel the earth move. high-level nuclear waste really is. To ment has handled nuclear projects. The A growing number of scientists fear give my colleagues some idea, a person lands around nuclear installations at that a Yucca Mountain dump intended standing next to an unshielded spent Hanford, Washington, Rocky Flats, to isolate deadly radioactivity forever nuclear fuel assembly would get a fatal Colorado, Oak Ridge, Tennessee, may well explode into an environ- dose of radiation within three minutes. Fernald, Ohio, are contaminated. The mental apocalypse of volcanic erup- Under H.R. 45, the concentrated level GAO concluded that 124 of our 127 nu- tions. It is not nice to fool Mother Na- of deadly radiation in one place in my clear sites have been mismanaged by ture. Where earthquakes, water and home State staggers the imagination. the DOE. volcanic activity are permanent dan- H.R. 45 would force all of the Nation’s Nevadans do not buy this ‘‘don’t gers, we must not build a high level nu- high-level waste on the people of one worry, be happy’’ attitude towards ra- clear dump. State, a State where there is not even diation, and for good reason. I grew up The nuclear power industry should one nuclear reactor. in Nevada. Nevadans were proud to vol- immediately cancel the Yucca Moun- For nearly two decades the nuclear unteer for the patriotic chore of play- tain project. The billions of dollars industry and the Department of Energy ing host to above- and below-ground coming from ratepayers would be bet- have tried to convince Nevadans that nuclear weapons testing, but the Fed- ter spent finding a sensible and safe so- high-level nuclear waste transpor- eral Government never leveled with us lution to nuclear disposal. Instead we tation and storage is safe. Their argu- about the risks. have H.R. 45. This bill exists because ment basically is, we will just stuff In the 1950s the Government pro- the nuclear power industry sees that this stuff right into metal cans, screw duced films advising that if people just the only way to keep the Yucca Moun- the lids on tight, and there is nothing stayed indoors as clouds of fallout tain project alive is to build a tem- to worry about. drifted through communities, everyone porary dump next door. With the waste Well, what is wrong with this pic- would be safe. As a safety measure, the site up at the temporary dump near ture? Well, if those cans of nuclear Government suggested that a quick car Yucca Mountain, there would be a pow- waste are so safe, why do they have to wash would eliminate any pesky radio- erful motivation to make Yucca Moun- be shipped from all parts of the United active contamination. tain work out somehow. States into the State of Nevada? That It seems harmless enough if it were Under those circumstances I fear question has haunted Nevadans for not for the evidence of a disturbing in- that the health and safety of current years, and our concerns have intensi- crease in cancer that later traumatized and future generations would be jeop- fied with H.R. 45. these same communities. Harmless? ardized for the sake of expediency. As This bill would unleash high-level nu- Perhaps, if above-ground testing did the Nuclear Waste Technical Review clear waste onto the Nation’s highways not spread radioactive elements across Board has clearly stated, a temporary and rail lines. It is this issue, the the country. facility at the Nevada test site could transportation of high-level nuclear Supposedly safe above-ground nu- prejudice later decisions about the waste, that binds Nevadans with all clear tests were stopped when it was suitability of Yucca Mountain.

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.001 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2227 H.R. 45 has its roots in expediency allow us to have a free independent Na- new type of development in the area over public health and welfare. H.R. 45 tion. There were some very serious bat- that we call the Main Line coming out throws out existing radiation safety tles in that process. We know those of Philadelphia, a very affluent area. standards and replaces them with dan- battles from our history books, the But the owner of the property, a pri- gerous levels of radiation exposure that battles of Valley Forge, the battles vate school right next to the site, has would be, quote, acceptable. The tem- that took place in Brandywine. issued a challenge, that America, the porary dump cannot meet the current But, Mr. Speaker, what we have State, the county and the local com- standards, so H.R. 45 permits Nevadans failed to understand is that one key munity should undertake an effort to to be exposed to four to six times the battle that many historians would preserve that 40-acre site so that those amount of radiation allowed at any argue was the turning point in the mo- 53 young American patriots, so that other waste site. H.R. 45 allows expo- rale of our troops to defeat the British their memory is never forgotten. sure 25 times the level set by the Safe was the battle that resulted in the out- Two and a half years ago when the Drinking Water Act. cry of our troops, ‘‘Remember Paoli.’’ owner of that property came forward, EPA administrator Carol Browner It occurred in the spring of 1777 when the owner of the school, the board of said H.R. 45 would authorize exposures the British were conducting the Phila- directors said, ‘‘We challenge the com- to future generations of Nevadans delphia campaign to then take over the munity, we challenge the country to which are much higher than those al- capital of our Nation because at that protect this site and allow us to move lowed for other Americans and citizens time Philadelphia was the capital of on to other things. But if you do not of other countries. Congress in 1982 the United States. There was a major take up that challenge, we will sell the called for nine potential nuclear stor- effort on the part of the British to site to developers.’’ age sites to be assessed. By 1987, due to move to capture Philadelphia, and in Mr. Speaker, that sale is imminent, political considerations, not scientific the process a series of battles took and if in fact the Paoli site is sold, it findings, Yucca Mountain alone was place. will be one of the last remaining sig- targeted for site characterization. The first of two American attempts nificant sites that was a part of our As it became increasingly clear to stop the British invasion that fall Revolutionary War history. It is a site Yucca Mountain is not suitable under was the battle of Brandywine, Sep- that needs to be protected. It is a site stringent and responsible law that Con- tember 11, 1777, and the unsuccessful that needs the Federal Government, gress passed in 1982, the rules have Battle of the Clouds, September 16, the State, the county and the local been repeatedly relaxed in favor of 1777. There was also a third attempt to government to come together with the Yucca Mountain and against health contain the British General Sir Wil- private sector to show those American and safety. And now comes H.R. 45, a liam Howe’s advance on Philadelphia, patriots and all of our war heroes, in- bill which achieves nothing but risks and each of them were unsuccessful. cluding those serving the country the health and safety of current and fu- But a very important history lesson today, that we will always remember ture generations of Nevadans. shows us that in the Battle of Paoli the and honor their service, and in this The Nuclear Waste Technical Review British troops sought and successfully case especially because of the sym- Board advises that there are no com- committed a surprise attack on our bolism associated with the battle at pelling reasons to move the nuclear troops that were encamped at Paoli at Paoli and the massacre that occurred waste in short term. H.R. 45 would be a a cornfield, a cornfield that still exists there. terrible and needless mistake. If today. The British went to do this in Two and a half years ago a local passed, it would be fought in courts by the early morning hours so as to avoid group led by citizens in Malvern Bor- Americans across this country. I would detection, and they did not want to use ough, where Paoli is located, joined to- stand with them in court or on the their guns because they wanted a sur- gether to begin to raise the private roads and rails if necessary to stop this prise attack to wipe out the patriots money to acquire this site. Now many disastrous policy. for the fight for our independence. would argue this site should be pro- f The battle took place, and the Brit- tected by the Federal Government. ish massacred the American patriots. After all, it was a major battle, just as REMEMBER PAOLI Their bayonet attacks on the American Valley Forge was a battle and Brandy- The SPEAKER pro tempore (Mr. young men who fought there, many of wine was a battle and other historical PEASE). Under the Speaker’s an- whom were 16, 17, 18, 19 and 20 years of sites were battle grounds. But they de- nounced policy of January 6, 1999, the age, were by all accounts devastating. cided they would set the tone, so they gentleman from Pennsylvania (Mr. Fifty-three young Americans were set out to raise money. To date they WELDON) is recognized for 60 minutes slaughtered, slaughtered by the Brit- have raised over $500,000 in actual as the designee of the majority leader. ish. They were slaughtered in such a money and commitments to help pro- Mr. WELDON of Pennsylvania. Mr. fierce way that the story of that battle tect this site. Speaker, I rise today in this special traveled throughout the Revolutionary They came to me one year ago, and order to discuss America’s patriots. War troops and the cry of ‘‘Remember they said, ‘‘Congressman, can you as- The patriots of America have been ex- Paoli’’ became a rallying cry for the sist us? Because there are patriots of tremely important in the struggle for American patriots in all future battles the Revolutionary War who are buried this great Nation over the past 220 of the revolution which we all know we at this site.’’ And I said absolutely un- years, to allow us to enjoy the free- successfully won. equivocally I would help to have the doms and the independence that often- ‘‘Remember Paoli’’ was about a bat- Federal Government include this site times we take for granted. My discus- tle fought on a 40-acre site in Malvern as a part of the history of this great sion today will focus on the patriots of and Chester County in Pennsylvania, Nation. America of the past and the patriots of not far from Valley Forge and not far Throughout last year we worked on a America today, those who are defend- from Brandywine. Today there are 53 bipartisan piece of legislation that ing our country around the world. young American patriots whose bodies worked its way out of the Committee Let me start off by discussing a situ- lay in rest at that site. on Resources. With the full support of ation I think requires national atten- The challenge we have, Mr. Speaker, JIM HANSEN and his subcommittee and tion. is that that 40-acre battlefield adjacent DON YOUNG on the full committee the Over 220 years ago, Mr. Speaker, this to the burial site of these young Amer- bill was passed in the Senate, but be- Nation was fighting for its existence. ican patriots is about to be sold. It is cause of a difficulty in getting the bill Young patriots, many of whom were about to be developed; perhaps another under unanimous consent on the floor undertrained, who were not properly shopping center, perhaps another hous- on the last day could not be brought up fed, who were ill-equipped, were fight- ing project, perhaps being paved over for passage. I have reintroduced that ing against the forces of England to by someone who wants to build some measure in the House this session.

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.001 H10FE9 2228 CONGRESSIONAL RECORD—HOUSE February 10, 1999 Yesterday I introduced the Patriot b 1530 terior Committee, to allow us to work Act, Mr. Speaker, which would, in fact, They handed me the money and the with the local folks to preserve the allow us to assist the local folks in pro- accompanying check for $415 as a part Paoli Battlefield. Nothing I think of tecting the site of the Paoli massacre of their ongoing commitment to help could be more important for the re- and the revered site where those 53 indicate their support and their in- membrance of our patriots. young Americans are buried. The bill volvement in saving Paoli. Also in our P.A.T.R.I.O.T. Act, Mr. has the unanimous support of the en- Other schools in the region have Speaker, we authorize the continued tire Pennsylvania congressional dele- taken similar initiatives to help pro- funding of approximately $6 million for gation, our neighbor in Delaware, Con- tect the Paoli site. Mr. Speaker, the the full definition of the Brandywine gressman CASTLE, our neighbor in Sugartown Elementary School, the KD Battlefield. The Brandywine Battle- south Jersey, ROB ANDREWS, because Markley Elementary School, the field, where another historic battle was they understand, as I do, the historical Charlestown Elementary School and fought between our patriots and the significance of this site. the Exton Elementary School all have British, has not yet been fully com- The legislation, Mr. Speaker, would conducted letter writing campaigns. pleted in terms of acquiring the space allow us to authorize up to $2.5 million My office has received thousands of around it. to show this local school that we want letters from young people, not just in We are not talking about money to to work with the local folks to acquire our region, but because this story was build buildings. We are talking about this site. This act would require that a the subject of a national news story on the easements necessary to keep this study be done by the National Park Good Morning America on July 4th of battle site as it was 222 years ago. Service as to whether or not the site of last year, thousands of people around In the case of Brandywine, again, we the Paoli massacre should be included America have written to say that we are saying that the authorization is for as a part of the Valley Forge National too think America should protect and $6 million, but the local folks must Park right down the road. In the mean- preserve this final site that is so im- raise $3 million, so on a dollar for dol- time, it would allow the Federal Gov- portant to understanding the history of lar basis, with state money, with coun- ernment to an appropriate on a dollar- America during our struggle for free- ty money, with private dollars, we will for-dollar basis one-half of the $2.5 mil- dom and independence. I think our stu- match on a dollar for dollar basis the lion needed to acquire this site. funding necessary to complete the full Now, Mr. Speaker, the local folks in dents have set the example for us. Mr. Speaker, I would like to submit dimensions of the original site of the Chester County have already raised some of the letters from these elemen- Brandywine Battlefield. $500,000. What we would do is then tary students about what they think Finally, Mr. Speaker, the third provi- move to provide a matching dollar-for- sion in my P.A.T.R.I.O.T. Act would dollar basis up to a cap of $1.25 million, about the Paoli site. From Nick, dated January 4, 1999: allow us to approve an agreement be- so we would have a combined total of ‘‘Dear Mr. Weldon, please save the tween the National Park Service and $2.5 million to acquire the 40-acre site. the largest collectors of Revolutionary The Borough of Malvern, where the Paoli Battlefield. It is very special to War artifacts in America. battlefield is located, has agreed to us. It helps us learn about our coun- For the past 5 years I have been maintain the site until the Park Serv- try’s history.’’ He drew pictures of the working with the collectors, those peo- ice determines whether or not it will battle. ple who have the largest private collec- take the site as a part of Valley Forge I have another letter from Myles tions of Revolutionary War materials. National Park. In the meantime, they Neuman from Sugartown School: Most of these materials are today will police it, they will oversee it. That ‘‘Dear Curt Weldon, the Paoli Battle- being housed within their own control site will remain as it was 222 years ago. field should be preserved as a national or they are loaned to museums when It will still be the cornfield that it was park because those graves should honor they see fit. when those soldiers bravely fought for the brave soldiers that fought for our The collectors approached me and our independence. country. If you were one of the honor- To do anything less than protect that able soldiers that fought on this field, said, ‘‘Congressman Weldon, we would site would in my opinion be a national would you like builders to develop like to work with you to privately fund embarrassment, and I urge my col- something or develop it for other uses a major new display area and museum leagues to sign on, to jointly support in Paoli? This would be a great honor at the site of Valley Forge. We are not and honor those brave patriots who for us and the kids that are learning asking for Federal money. We are ask- fought for America’s independence, to about our history. It would be a won- ing you to work with us in an agree- allow us to help protect one of those derful addition to Valley Forge Park.’’ ment with the Park Service that will final sites in our history that is today That is from Myles Neuman. allow us to have a trade of property threatened by developers. Or Alyssa Jackson, who says: ‘‘I am that is currently owned by the Valley Mr. Speaker, the precedent is clear in Mrs. Weigal’s fourth grade class. I Forge historical society to allow us to here. We are not asking for the Federal live in Frazer, PA. I am writing to you raise the money to build this new 21st Government to go out and buy the land to do all that you can to save the Paoli century learning center about the Rev- itself. The local community is raising Battlefield. I think the builders are olutionary War.’’ the funds. The local community is wrong to want to build homes or busi- The collectors that I have been work- committed. nesses where over 50 people are buried. ing with, Mr. Speaker, have agreed As a matter of fact, Mr. Speaker, two I hope you can do something about it.’’ that they would make their collections days ago I visited one of the elemen- Finally, from Emily: ‘‘Please save available to this site, that they would tary schools right near the Paoli site, the Paoli Battlefield. It is very special be permanently on display for all the Exton Elementary School, where to us. It helps us to learn about our Americans to see, artifacts that Ameri- the combined students of the fourth country’s history. I have seen the Paoli cans otherwise would not have access grade class of the Exton elementary Battlefield. It is very pretty.’’ to, to compliment those artifacts that school handed me 41,000 and 500 pen- Mr. Speaker, these are but a few of are already existing at Valley Forge. nies. In their Pennies for Paoli cam- the thousands of letters that I have re- All we are asking in this bill is to paign these young students for the past ceived from young people, not just in give the Park Service the approval to five months collected pennies from my district, but throughout the region finalize that agreement between the throughout their neighborhood because and throughout the country, that are private collectors and the National they want to show the Federal, State asking this Congress to do something Park Service. We are asking for no au- and county governments that they very small, very simple, yet very his- thorization of dollars to allow this new think it is important that we take the toric, and that is to pass the author- museum to go forward. time to protect this sacred site where izing legislation that passed the Senate Mr. Speaker, he thinks these three these 53 American heroes are buried. in the last session, that passed the In- initiatives are very logical. I think

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.001 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2229 they are the kind of thing that Repub- flationary cuts, but real cuts, in the operation with nations and militaries licans and Democrats can jointly sup- level of defense spending. around the world. But that is $12 bil- port. I think there is no better series of Now, some would say, well, that was lion more out of our defense budget actions that we can take in 1999 to re- justified because the Cold War ended. that wasn’t spent during John Ken- member the Pennsylvania patriots who Let me give you a simple comparison, nedy’s era. That is increasing each fought to give us the freedoms and lib- Mr. Speaker. Let me use the time of year. erties and independence of this great John Kennedy, not Ronald Reagan. But perhaps the most dramatic Nation. I urge my colleagues to join When John Kennedy was the Presi- change, Mr. Speaker, since the 1960’s, is with me in supporting the patriots of dent in the 1960’s, this country was best reflected by this chart. From the Revolutionary War and to cospon- spending 52 cents of every Federal tax World War II until approximately 7 to sor the P.A.T.R.I.O.T. Act of 1999. dollar on our military, on those brave 8 years ago, the commanders-in-chief MEETING THE NEEDS OF AMERICA’S PATRIOTS OF patriots who serve our country. That of our country, who were both Demo- TODAY was a time of peace. It was after Korea, crats and Republicans, committed our Mr. WELDON of Pennsylvania. Mr. yet it was before Vietnam. Yet in those troops to just 10 deployments at home Speaker, in the second half of my spe- years that John Kennedy served, 52 and abroad. Ten times over 40 years cial order I would also like to discuss cents of every Federal tax dollar sent our troops were sent into harm’s way. America’s patriots of today, because to Washington went to support the They were sent into Vietnam, they we have some major problems that men and women in the military. Nine were sent into Grenada, they were sent need to be addressed in this session of percent of our country’s gross national into Chicago and Detroit and Watts, the Congress. product was used on defense. but only 10 times in 40 years. We need to address these, Mr. Speak- In this year’s budget, Mr. Speaker, Mr. Speaker, in the past 7 years, er, because the patriots of today are we are spending 15 cents of the Federal most of them under the current admin- finding it extremely difficult to do the tax dollar on the military. We are istration, this commander-in-chief has job that they voluntarily signed up to spending approximately 2.8 percent of deployed our troops 32 times. Thirty- do on behalf of our great Nation. our country’s gross national product on two times in 8 years, 10 deployments in I am ashamed to tell you, Mr. Speak- the military. By anyone’s calculation, 40 years. At a time where the bulk of er, today, as a senior member of the that is a dramatic decline. our money is going for quality of life, Committee on Armed Services, as the Now, some would say that is still at a time where we are spending $12 bil- chairman of one of our key subcommit- enough money. It is more than other lion a year on the environment, we tees, that we have some of our fighter nations spend collectively, and we have 32 deployments, and the President wings where up to one-third of our air- should be able to handle that because, is talking today about sending 4,000 to planes are not flying because they have after all, the Cold War has ended. 5,000 troops to Kosovo, which would had to be cannibalized to use the parts But, Mr. Speaker, things have raise this to 33 deployments. from those planes to keep the other changed since the 1960’s. Let’s go Now, why is that important, Mr. two-thirds flying. through a few of those changes. Speaker? Because every time the com- I am ashamed to report, Mr. Speaker, First of all, when John Kennedy was mander-in-chief commits our troops, that we have ships at sea, our carriers, President, we had a draft. We sucked he has not identified the dollars to pay where we are hundreds of sailors short, young people out of high school, we for those deployments. He simply com- going out to complete missions and paid them next to nothing, they served mits the troops, and then we are left to coming back home without the proper the country for two years, and then pay the price that is required to pay staffing that we have identified as ap- they went on to do their chosen career for those deployments around the propriate for these most important ves- or their job in the private sector. world. sels of our Navy. We no longer have the draft, Mr. The deployment to Bosnia, Mr. I am embarrassed that we are asking Speaker. Our troops today are well Speaker, as of today, has cost the our Marine Corps to fly in CH–46 heli- paid. Our troops today have high American taxpayers $9 billion. Where copters that were built during the school educations, many have college did that money come from, Mr. Speak- Vietnam War that we will continue to degrees, many are married, they have er? Because we did not allocate that fly until they are 55 years old. I am em- children. Therefore, we have housing money in advance, all of that $9 billion barrassed that we will be flying the B– costs, health care costs, education had to come out of an ever-decreasing 52 bomber when it is 75 years old. costs, travel costs, that they never had defense budget. Mr. Speaker, we have problems in our when John Kennedy was the President. So what did we do? Instead of build- military that we need to address, and Mr. Speaker, even though we have ing replacement helicopters for the these problems did not happen over- cut defense spending dramatically, the CH–46, we slid the replacement pro- night and these problems need to be ad- portion of our defense budget that we gram out to some other administra- dressed in a bipartisan manner. use for the quality of life for our troops tion. Instead of building the Army’s re- First of all, Mr. Speaker, we have to has increased dramatically. This is placement helicopter for their existing understand why we are where we are where the bulk of our money goes helicopter, we shipped the Comanche today. Let me take a few moments to today, to educate the young offspring, out to the out years. Instead of taking inform our constituents and our col- to take care of health care needs, to care of the replacement parts for those leagues, especially our colleagues who provide housing for our troops and fam- fighter planes, we slipped that out and are sitting in their offices or perhaps ilies and travel to move them at home we have to cannibalize existing planes. back in their homes, about the prob- and around the world. And because we cannot recruit new lems that our military is suffering But some other things have hap- young people to fill the slots for the today, because the perception in Amer- pened, Mr. Speaker. Back when John Navy and the other services, we have ica is that we have given so much Kennedy was the President, we spent had to go to deployments with less money to our military that they no money in the defense budget on the than the required slots filled. In fact, should have the need of no new dollars. environment. In this year’s defense Mr. Speaker, our retention rates for pi- In fact, there are some who say we budget, Mr. Speaker, we will spend $12 lots in the Navy and the Air Force is should cut the defense budget even billion of DOD money on environ- the lowest rate since World War II. more than we have cut it. mental mitigation. Approximately half Mr. Speaker, over the past 14 to 15 of that money goes for our nuclear pro- b 1545 years, the only area of the Federal gram, to deal with our decommissioned Mr. Speaker, these deployments have budget that we have cut in real terms nuclear vessels. The other half goes for robbed our modernization and our re- has been our defense budget. Fourteen a variety of programs, ranging from search for the future. It has caused us, consecutive years of real cuts, not in- base cleanups to environmental co- in my opinion, to face the time when

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.001 H10FE9 2230 CONGRESSIONAL RECORD—HOUSE February 10, 1999 we will look back on these eight years the world and not pay for it, I would Mr. Speaker, $19 billion to pay for as the worst period of time for under- get a standing ovation too. these deployments. This Congress, in a mining our national security in the Na- Mr. Speaker, the Pentagon’s own bipartisan way trying to reimburse the tion’s history. numbers show that for these deploy- Department of Defense for those de- Now, Mr. Speaker, critics will look at ments just in this administration, the ployments, gets criticized because we this and say, ‘‘Wait a minute, wait a American taxpayers have spent a total are putting pork that was not asked for minute, what about President Bush?’’ of $19 billion, $9 billion for Bosnia back into defense budget. Because eight years ago he was the one alone. Mr. Speaker, $19 billion, to send Because of these shortcomings, Mr. who sent our troops into Desert Storm, our troops to places some of which I Speaker, we are facing a crisis today. and after all, that was a major war. Mr. support, but which should have had our We have slipped the modernization of Speaker, they would be right. Presi- allies pay the bill. our military systems to the next ad- dent Bush did send our troops into When many of our colleagues, Mr. ministration. The service chiefs have Desert Storm. He sent 400,000 of our Speaker, both Democrats and Repub- now publicly come on the record, and troops over there. But, Mr. Speaker, licans, objected to deploying our troops in a hearing last week before the House when Commander in Chief Bush sent into Bosnia, it was not because we did and the week before before the Senate, our troops into Desert Storm, he went not think that Bosnia was important they said this year they are $19 billion to all of our allies and he said, ‘‘You ei- or that we did not think we should be short just to meet their needs. ther send troops, or you pay for the part of a multinational force, because Now, the President has given some cost of Desert Storm.’’ we do. What we objected to, Mr. Speak- great speeches over the past 30 days. Desert Storm cost the American tax- er, was the fact that America was We heard the Secretary of Defense give payers $52 billion, but unlike this ad- going to send 36,000 troops into Bosnia, a speech where he said the White House ministration, President Bush was able both in theater and in the support had now agreed with the Congress that to receive $53 billion in reimburse- around Bosnia, when neighbors like the threat of external missile prolifera- ments. Those allied nations that did France and Germany were only sending tion is now real and it is here, and not send troops to Desert Storm gave in token components. In the case of therefore they put hundreds of millions us the dollars to pay for that deploy- Germany, 4,000 troops; in the case of of dollars into the outyears budget for ment, so the net cost to us in terms of the French and the other neighbors of missile defense, something we have dollars was zero. And the deployments Bosnia, much smaller amounts. been saying for the past three years. under this administration, every one of The question we had is, why is the The President gave a speech on cyber them, have been paid for by the U.S. U.S. footing the bill? Why should not terrorism. He said we need to put more taxpayer by robbing the DOD budget. these other nations do what George When we sent our troops into Haiti, Bush got nations to do in Desert money in the budget to protect this President Clinton said it was going to Storm? Why should they not chip in country from those who would threat- be a multinational force, and some and help to pay for these operations? en to take out our smart systems, both would say it is. But what he did not That did not happen, Mr. Speaker, our weapons systems and our informa- tell us, Mr. Speaker, is that we are and right now we are facing a situation tion systems that control our quality paying for the salary and the housing where the President is saying to the of life. He gave another speech where costs and in some cases the food costs American people, we need to send 4,000 he said we needed to spend more money for foreign troops to go into Haiti. Ban- to 5,000 troops into Kosovo. That may against terrorism and for detection of gladesh sent 1,000 troops. It was a good or may not be justified, but, Mr. use of weapons of mass destruction. deal for them because American tax- Speaker, he is not going to ask for the But what he did not tell the Amer- payers are paying for the costs of keep- approval of the Congress. For the 33rd ican people, Mr. Speaker, is that his ing them in Haiti. time in 7 years, he will simply send our budget request for next year actually Mr. Speaker, unlike Desert Storm, troops, as he can do as the commander does not increase funding for any of these most recent 31 deployments or 32 in chief. He is not going to tell us how those areas. The missile defense budget deployments have been paid for by the much it will cost, because we already decreases by a significant amount over U.S. taxpayer, taking money out of the asked and he said we do not know. And five years. The budget for defense budget that was already dra- he is not going to tell us how long they antiterrorism does not increase the matically being decreased. The irony of are going to stay there. He is going to way it needs to, in spite of this all of this, Mr. Speaker, is I have to send our troops and the Congress is Congress’s leadership in that area; and focus on two points. going to be left to foot the bill. the budget for cyber terrorism and in- First of all, by deploying American The second irony of this whole thing, formation warfare likewise does not in- men and women around the world, this Mr. Speaker, is as we in this Congress, crease. In fact it stagnates and, I would President has created the impression Republicans and Democrats over the argue, decreases, when the Defense that all of a sudden the world is safe. past four years have tried to replenish Science Board three years ago told us There are no more wars in Bosnia, some of these funds, to reimburse the we should be spending $3 billion more there is no more conflict in Haiti, there military for the extra costs of these de- on the issue of information warfare to is no more conflict in Macedonia and ployments, we have been criticized for protect America from a cyber attack. there will be no more conflict in putting more money in the Pentagon’s Mr. Speaker, we are in a very un- Kosovo, because America has our budget than what the service chiefs usual situation. We have an adminis- troops around the world. And the irony asked for. In each of the past four tration that has used our military is that the American people think by years, Democrats and Republicans more than any administration in this perception that therefore we must cut came together in both the House and century, in this country’s history. Mr. the defense budget because the world is the other body and we said, we want to Speaker, 32 and soon to be 33 deploy- so much safer today, when in fact it is replenish some of these funds because ments in 7 to 8 years, versus 10 in 40 safer because we have troops on stand- they have been taken away for mili- years. Yet, during that time the ad- by and on alert around the world that tary operations and the Pentagon was ministration has continued to decrease is costing us dearly in terms of dollars not reimbursed for the cost. Each year the funding for the services, has paid necessary to modernize our military. that we did that, this White House that for none of these deployments, has No wonder, Mr. Speaker, the Presi- sent our troops on these deployments asked to take all of that money out of dent got a standing ovation when he and did not ask for our approval pub- the backbone of our military budget went to the U.N. If I were the President licly criticized us for putting more and then has criticized the Congress for and went to the U.N. and all of those money into the defense budget than wanting to put more money back in, nations out there saw America ready what the service chiefs had asked for. and goes around the world saying how to put our troops on the spot around Amazing, Mr. Speaker. nice and calm things are.

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.001 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2231 Mr. Speaker, we need to be real. This Mr. Speaker, another example of an The Paoli Massacre was part of the Revolu- is not an argument between Repub- attempt to back-door the defense budg- tionary War’s Philadelphia Campaign, a chap- licans and Democrats. In the House and et is the administration’s backhanded ter of the war that witnessed the occupation of the Senate, the defense battles have effort to pay for the Wye River Agree- Philadelphia and the famed American en- been won by Democrats and Repub- ment. The Wye River Agreement, campment at Valley Forge in the winter of licans coming together to tell this ad- which I applaud the administration for 1777–78. The first two American attempts to ministration that they have got it all achieving, is important for security, stop the British invasion that Fall were the wrong. And in this Congress, the single and we need to understand the impor- Battle of Brandywine, September 11, 1777, most important debate we will have is tance of that. But instead of coming to and the unsuccessful Battle of the Clouds, about the future of the support of our this Congress and asking us openly to September 16, 1777. The Paoli Massacre was patriots. support the funding for the Wye River part of the third effort to contain British Gen- I started off my talk today by focus- Agreement, the administration has eral William Howe’s advance on Philadelphia. ing on the patriots of 222 years ago. I proposed and has informed the Con- In an effort to save the Paoli Battlefield, I end my talk today in talking about the gress that they will take an additional will be introducing the P.A.T.R.I.O.T. Act— patriots of 1999, young people around $230 million out of our defense budget Preserve America’s Treasures of the Revolu- the world who are being asked to go for missile defense purposes to fund the tion for Independence for Our Tomorrow. Pas- from Bosnia to Haiti, from Haiti to So- Wye River Agreement, which has noth- sage of this legislation will forever insure that malia, from Somalia to Macedonia. In ing to do with our defense budget. the sacrifice made by our nation’s first vet- the trips I have taken to meet with our Mr. Speaker, how much longer will erans will be remembered. This legislation will young troops they talk about their this continue? How much more will we also protect the Brandywine Battlefield. The pride in America and their pride in the tolerate the efforts of this administra- Battle at Brandywine was the most significant service and they are the best in the tion to undermine the security of this battle of the Philadelphia campaign. My bill world, but they also say, ‘‘Mr. Con- country? Democrats and Republicans further memorializes this campaign by author- gressman, can you please stop sending alike have been working together in izing the Superintendent of Valley Forge Na- us from one deployment to the next? this area to do the job that America tional Historical Park to enter into an agree- needs. We need some time off with our fami- ment with the Valley Forge Historical Society I urge my colleagues in this 106th lies. We need some time off just to to build a museum which would house the Congress to pay attention, to work to- world’s largest collection of Revolutionary War have some rest.’’ gether as we have in the past to con- We need to stop being deployed artifacts and memorabilia, including the tent in vince the administration that this around the world, because while we which General Washington slept at Valley must stop, that we must support our have not done that for them, our mo- Forge. troops, that we must make sure that rale has declined. That is why our re- And so Mr. Speaker, it is with great pride everyone understands that the reason tention rates are so low. That is why that I rise today to recognize the outstanding we have a strong military is not just to we do not have the staffing needs that young patriots of my district who have made deploy our troops around the world but we should have for the military. And their voices heard in the fight to preserve this to deter aggression. No Nation has ever piece of our nation’s history. The students of that is why, Mr. Speaker, I maintain been defeated because it was too that this period of time is going to go these schools sent me almost five hundred let- strong, and we must understand that ters, pictures, and banners with their plea for down in history as the worst period of one of most important responsibilities time for undermining our Nation’s se- this body to ‘‘Remember Paoli!’’—this small outlined in the Constitution is the de- piece of land that is so important to their com- curity in the history of America. fense of the American people wherever In spite of the presence of our troops munities. As a former school teacher and a fa- they might be, at home or abroad. ther of five, I am heartened by their dedication all around the world in all of these de- Mr. Speaker, I rise today to pay tribute to ployments today, I would argue the and commitment to this cause. The future of the students of the outstanding schools in my America lies with our youth, and with young- world is more unstable than in some Congressional District—Sugartown Elementary sters like these, I am confident that America’s cases it was during the Cold War. Rus- School, KD Markley Elementary School, future will be bright. sia has many internal problems: eco- Charlestown Elementary School, and East Go- nomic instability, massive prolifera- I would like to congratulate these young pa- shen Elementary School. The fine students of triots of my district, and thank them for taking tion that is in many cases totally un- these schools have contacted me to inform controllable. We have instances where part in this campaign to preserve the history of me of an issue which is important to them, to the Revolutionary War. I would also like to China and North Korea have been their schools, to their community and to our caught sending technology to countries thank their teachers and parents who also nation—they are fighting to save the Paoli Bat- sent me letters, and taught these students that like North Korea. We know that Paki- tlefield. their involvement could make a difference. I stan and India both got their tech- The Paoli Battlefield, which is located in my would like to include the letters of Melissa nology from Russia and China. We Congressional District, remains one of the only know that Iran and Iraq have devel- historic sites from the Revolutionary War left Clark, who is in the first grade at KDMarkley; oped missile systems because of co- untouched since 1777. This land was the site Bonnie Hughes-Sobbi, mother of a fourth operation from those nations. And all of the ‘‘Paoli Massacre’’ in which British troops grader at KDMarkley; Bess McCadden who is of this instability is causing us to face led by Major General Grey attacked the Amer- in the fourth grade at Charlestown Elementary; increasing threats in the 21st century. ican Army of Pennsylvania Regiments on the and Catherine Wahl who is in the fourth grade Mr. Speaker, we need to be real with wooded hillside and two fields between what at the Sugartown School for the record so that the American people. This administra- is now Sugartown Road and Warren Avenue. my colleagues can also appreciate them. tion has not been real with the Amer- The ensuing battle resulted in at least 52 JANUARY 6, 1999. DEAR SIR: I am writing to you to ask you ican people. They have painted a rosy American deaths and 7 British fatalities. The picture. They have had the photo ops of to save the Paoli Battlefield. We need to re- British night-time bayonet charge was aided member the men who fought to make our the commander in chief walking down by the fact that Americans were silhouetted country free. Please do not build houses on the White House lawn with the troops against the light of their campfires. Some the Paoli Battlefield. behind him. They have had the photo American troops panicked and fled and gen- Sincerely, opportunity of the commander in chief eral disorder spread throughout the American MELISSA CLARK. on the decks of the carrier when it was line. British dragoons, arriving on the field, dedicated. But that is not what sup- shattered the American column and pursued JANUARY 5, 1999. porting our troops is all about. It is DEAR REPRESENTATIVE WELDON: It has retreating Americans as far as Sugartown come to my attention, through my daugh- about funding them. It is about asking Road. Only the more disciplined American sol- ter’s fourth grade class, that a part of our for the dollars to support these deploy- diers escaped the original onslaught un- local history is being threatened by ments. It is about giving them the sys- scathed, but a following British assault com- ‘‘progress’’. The site to which I refer is the tems to protect their lives. pleted the rout. Paoli Battlefield, located in Malvern, PA.

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Our children are being taught the impor- us to learn about our country’s history. I Mrs. EMERSON, for 5 minutes, today. tance of this site in their local history les- have seen the Paoli Battlefield it is very Ms. ROS-LEHTINEN, for 5 minutes, sons and are also being taught to respect pretty. today. sites such as this for their intrinsic and irre- Sincerely, Mr. KINGSTON, for 5 minutes, today. placeable value. We should be willing to sup- EMILY. port our lessons to our children by pro- Mr. TIAHRT, for 5 minutes, today. tecting the Paoli Battlefield from develop- CHESTER COUNTY, PA, Mr. CUNNINGHAM, for 5 minutes, ment. December 22, 1998. today. Thank you for your efforts in support of DEAR REP. WELDON, you should strongly (The following Member (at his own protecting this site, hopefully with perma- support saving the Paoli Battlefield because request) to revise and extend his re- nent registry as an historic landmark. I will many people lost their lives fighting for free- marks and include extraneous mate- be happy to lend any assistance, as I am dom and if you didn’t it would be dishonor- rial:) able, to further this cause. able to the soldiers. But really what would Mr. SCARBOROUGH, for 5 minutes, Very Truly Yours, you rather have more population or more BONNIE HUGHES-SABBI. historical sites? Have a good time in Wash- today. ington, D.C. with that legislation (I hope it f DECEMBER 22, 1998. will be positive.) ADJOURNMENT DEAR REPRESENTATIVE WELDON: People Sincerely, know that it is wrong to build something on TREY MORRIS. Mr. WELDON of Pennsylvania. Mr. historical land. Valley Forge Park is part of Speaker, I move that the House do now our history, so we should also save the site of DEAR REP. WELDON, my name is Steven adjourn. the Paoli Massacre Battlefield. My class- Binstein. I am in fourth grade at Charles- mates and I have been studying it, and I The motion was agreed to; accord- town. I live in Malvern. I would appreciate it ingly (at 3 o’clock and 58 minutes think that building things on historical land if you don’t let the developers make houses is destructive. If General Anthony Wayne on the Paoli Battlefield because that is a p.m.), the House adjourned until to- were here, he would do all he could to stop very nice peace of land. Soldiers fought their morrow, Thursday, February 11, 1999, people from building something on the and some died and some didn’t. The real rea- at 10 a.m. ground of our past. son I think the developers shouldn’t build f Don’t let people build on the site of the houses there is because people were buried Paoli Massacre Battlefield! Please save it! there, and they cant just build over them. EXECUTIVE COMMUNICATIONS, Sincerely, That’s why I think you shouldn’t let the ETC. BESS MCCADDEN. developers build there. Under clause 8 of rule XII, executive Sincerely, DECEMBER 11, 1998. communications were taken from the STEVEN BINSTEIN. DEAR MR. WELDON: I think that you should Speaker’s table and referred as follows: stop this craziness because it should remain f 469. A letter from the Congressional Re- a burial ground. Paoli isn’t very popular ex- LEAVE OF ABSENCE view Coordinator, Animal and Plant Health cept for the Paoli Battlefield. That puts us Inspection Service, Department of Agri- in the battlefield book. It is a historical By unanimous consent, leave of ab- culture, transmitting the Department’s final sight [sic]. It’s disrespectful to knock down a sence was granted to: rule—Citrus Canker; Addition to Quar- memorial battlefield. One of my ancestors Ms. LOFGREN (at the request of Mr. antined Areas [Docket No. 95–086–2] received was buried at that battlefield there so I care GEPHARDT) for Tuesday, February 9, January 25, 1999, pursuant to 5 U.S.C. very deeply about this battlefield. 801(a)(1)(A); to the Committee on Agri- CATHERINE WAHL. and the balance of the week on account of illness. culture. 470. A letter from the Director, Office of JANUARY 4, 1999. Ms. CARSON (at the request of Mr. Surface Mining Reclamation and Enforce- DEAR MR. WELDON, please save the Paoli GEPHARDT) for Wednesday, February 10, ment, Department of the Interior, transmit- Battlefield! It is very special to us. It helps on account of official business. ting the Department’s final rule—Illinois us learn about our country’s history. f Abandoned Mine Land Reclamation Plan [SPATS No. IL–093–FOR] received January SUGARTOWN SCHOOL, SPECIAL ORDERS GRANTED 25, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to MALVERN, PA, the Committee on Resources. December 15, 1998. By unanimous consent, permission to 471. A letter from the Director, Office of Hon. CURT WELDON, address the House, following the legis- Sustainable Fisheries, National Marine Fish- Rayburn House Office Building, lative program and any special orders eries Service, National Oceanic and Atmos- Washington, DC. heretofore entered, was granted to: pheric Administration, transmitting the Ad- DEAR HONORABLE CURT WELDON: The Paoli Battlefield should be preserved as a national (The following Members (at the re- ministration’s final rule—Fisheries of the park because these graves should honor the quest of Mr. FROST) to revise and ex- Northeastern United States; Summer Floun- brave soldiers that fought for our country. tend their remarks and include extra- der, Scup and Black Sea Bass Fisheries: If you were one of the honorable soldiers neous material:) Summer Flounder Commercial Quota Trans- fer From North Carolina to Virginia [I.D. that fought on this field would you like de- Ms. NORTON, for 5 minutes, today. velopers to build something over you? We 121598I] received January 11, 1999, pursuant Mr. BLUMENAUER, for 5 minutes, to 5 U.S.C. 801(a)(1)(A); to the Committee on have enough developments built in Paoli. today. This would be great for us kids that are Resources. Mr. SKELTON, for 5 minutes, today. learning about history. This would be a won- 472. A letter from the Director, Office of derful addition to Valley Forge Park. Mr. FILNER, for 5 minutes, today. Sustainable Fisheries, National Marine Fish- Sincerely, Mr. SMITH of Washington, for 5 min- eries Service, National Oceanic and Atmos- MYLES NEWMAN. utes, today. pheric Administration, transmitting the Ad- P.S. Thank you for reading my letter. Mr. SHERMAN, for 5 minutes, today. ministration’s final rule—Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Mr. BOYD, for 5 minutes, today. cod and pollock in the Gulf of Alaska [Dock- DECEMBER 22, 1998. Mr. DOOLEY of California, for 5 min- DEAR REP. WELDON, I am in Mrs. Weigal’s et No. 981222314–8321–02; I.D. 012099B] received 4th grade class. I live in Frazer, PA. utes, today. January 27, 1999, pursuant to 5 U.S.C. I’m writing to you to ask you to do all you Ms. HOOLEY of Oregon, for 5 minutes, 801(a)(1)(A); to the Committee on Resources. can to save the Paoli Battlefield. I think today. 473. A letter from the Assistant Adminis- that the builders are wrong to want to build Mr. DAVIS of Florida, for 5 minutes, trator for Fisheries, National Marine Fish- houses there when 50 people are buried there. today. eries Service, National Oceanic and Atmos- I hope you can do something about it. (The following Members (at the re- pheric Administration, transmitting the Ad- ministration’s final rule—Fisheries of the Sincerely, quest of Mr. OSE) to revise and extend ALYSSA JACKSON. Exclusive Economic Zone Off Alaska; their remarks and include extraneous Inshore-Offshore Allocations of Pollock and JANUARY 4, 1999. material:) Pacific Cod Total Allowable Catch; Inshore- DEAR MR. WELDON, please save the Paoli Mr. COMBEST, for 5 minutes, today. Offshore Allocation of 1999 Interim Ground- Battlefield! It is very special to us. It helps Mr. MCINTOSH, for 5 minutes, today. fish Specifications [Docket No. 981021263–

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9019–02; I.D. 090898D] (RIN: 0648–AK12) re- PETRI, Mr. PETERSON of Pennsyl- KILPATRICK, Mr. POMEROY, Mr. BOR- ceived January 27, 1999, pursuant to 5 U.S.C. vania, Mr. PICKERING, Mr. PITTS, Mr. SKI, Mr. OLVER, Mrs. THURMAN, Mr. 801(a)(1)(A); to the Committee on Resources. POMBO, Mr. PORTER, Mr. PORTMAN, BLUMENAUER, Mr. SERRANO, Mr. 474. A letter from the Chief, Regulations Ms. PRYCE of Ohio, Mr. RADANOVICH, BALDACCI, Mr. MATSUI, Mr. Unit, Internal Revenue Service, transmitting Mr. RAMSTAD, Mr. REGULA, Mr. REY- DELAHUNT, Ms. SLAUGHTER, Ms. the Service’s final rule—Weighted Average NOLDS, Mr. ROEMER, Mr. ROHR- HOOLEY of Oregon, Mrs. MCCARTHY of Interest Rate Update [Notice 99–7] received ABACHER, Mr. ROGERS, Mrs. ROUKEMA, New York, Mr. CRAMER, Mr. HINCHEY, January 25, 1999, pursuant to 5 U.S.C. Mr. ROYCE, Mr. RYAN of Wisconsin, Mr. FRANK of Massachusetts, Mr. AN- 801(a)(1)(A); to the Committee on Ways and Mr. RYUN of Kansas, Mr. SALMON, Mr. DREWS, Mr. MEEHAN, Mr. FILNER, Mr. Means. SAXTON, Mr. SCARBOROUGH, Mr. KLECZKA, Mr. BARRETT of Wisconsin, 475. A letter from the Chief, Regulations SCHAFFER, Mr. SENSENBRENNER, Mr. Mr. STUPAK, Mr. ABERCROMBIE, Mr. Unit, Internal Revenue Service, transmitting SESSIONS, Mr. SHAYS, Mr. SHADEGG, ACKERMAN, Mr. LUTHER, Mr. the Service’s final rule—Modifications and Mr. SHAW, Mr. SHERWOOD, Mr. SHOWS, PALLONE, Mr. MEEKS of New York, Additions to the Unified Partnership Audit Mr. SHUSTER, Mr. SIMPSON, Mr. Ms. JACKSON-LEE of Texas, Mr. OBEY, Procedures [TD 8808] (RIN: 1545–AW23) re- SKEEN, Mr. SKELTON, Mr. SMITH of Mr. MALONEY of Connecticut, Mr. ceived January 25, 1999, pursuant to 5 U.S.C. New Jersey, Mr. SMITH of Texas, Mr. KUCINICH, Mr. EVANS, Ms. MCKINNEY, 801(a)(1)(A); to the Committee on Ways and SOUDER, Mr. SPENCE, Mr. STEARNS, Ms. SANCHEZ, Mr. BENTSEN, Ms. Means. Mr. STUMP, Mr. SUNUNU, Mr. MILLENDER-MCDONALD, Mr. BISHOP, f SWEENEY, Mr. TALENT, Mr. Mr. SHOWS, and Mr. BOSWELL): TANCREDO, Mrs. TAUSCHER, Mr. TAU- H.R. 664. A bill to provide for substantial PUBLIC BILLS AND RESOLUTIONS ZIN, Mr. HOUGHTON, Mr. TERRY, Mr. reductions in the price of prescription drugs Under clause 2 of rule XII, public THOMPSON of Mississippi, Mr. TIAHRT, for Medicare beneficiaries; to the Committee on Commerce, and in addition to the Com- bills and resolutions of the following Mr. THUNE, Mr. UPTON, Mr. WALDEN, Mr. WAMP, Mr. WATKINS, Mr. WATTS mittee on Ways and Means, for a period to be titles were introduced and severally re- of Oklahoma, Mr. WELDON of Florida, subsequently determined by the Speaker, in ferred, as follows: Mr. WHITFIELD, Mrs. WILSON, Mr. each case for consideration of such provi- By Mr. WELLER (for himself, Mr. WOLF, Mr. YOUNG of Alaska, Mr. CAL- sions as fall within the jurisdiction of the MCINTOSH, Ms. DANNER, Mr. RILEY, LAHAN, Mr. GRAHAM, Mr. DELAY, Mr. committee concerned. Mr. HERGER, Mr. ADERHOLT, Mr. YOUNG of Florida, Mr. QUINN, Mr. By Mr. LAFALCE (for himself, Mr. ARMEY, Mr. BACHUS, Mr. BAKER, Mr. ROGAN, Ms. ROS-LEHTINEN, Mr. LIV- VENTO, Mr. BAKER, Mr. CAPUANO, and BALLENGER, Mr. BARCIA of Michigan, INGSTON, Mr. BASS, Mr. CANADY of Mr. ACKERMAN): Mr. BARR of Georgia, Mr. BARTLETT Florida, Mr. COOK, Mr. EHLERS, Mr. H.R. 665. A bill to enhance the finanical of Maryland, Mr. BARTON of Texas, EVERETT, Mr. FRANKS of New Jersey, services industry by providing a prudential Mr. BARRETT of Nebraska, Mr. BE- Mr. HYDE, Mr. LEWIS of California, framework for the affiliation of banks, secu- REUTER, Ms. BIGGERT, Mr. BILIRAKIS, Mrs. NORTHUP, Mr. BILBRAY, Mr. COM- rities firms, and other finanical service pro- Mr. BLILEY, Mr. BLUNT, Mr. BOEH- BEST, Mr. GALLEGLY, Mr. KINGSTON, viders and ensuring adequate protection for LERT, Mr. BOEHNER, Mr. BONILLA, Mrs. JOHNSON of Connecticut, Mr. consumers, and for other purposes; to the Committee on Banking and Financial Serv- Mrs. BONO, Mr. BRADY of Texas, Mr. STUPAK, Mr. CONDIT, Ms. STABENOW, ices, and in addition to the Committee on BRYANT, Mr. BURTON of Indiana, Mr. Mr. FORD, Mr. WICKER, Mr. PETERSON Commerce, for a period to be subsequently BURR of North Carolina, Mr. BUYER, of Minnesota, Mr. CRAMER, Mr. determined by the Speaker, in each case for Mr. CALVERT, Mr. CANNON, Mr. TOOMEY, Mr. GARY MILLER of Cali- consideration of such provisions as fall with- CHABOT, Mr. CHAMBLISS, Mrs. fornia, Mr. KASICH, Mr. MORAN of Vir- in the jurisdiction of the committee con- CHENOWETH, Mr. CLEMENT, Mr. COBLE, ginia, and Mr. RAHALL): cerned. Mr. COBURN, Mr. COLLINS, Mr. H.R. 6. A bill to amend the Internal Rev- By Mr. BROWN of California: COOKSEY, Mr. COX of California, Mr. enue Code of 1986 to eliminate the marriage H.R. 666. A bill to authorize the Secretary CRANE, Mrs. CUBIN, Mr. CUNNINGHAM, penalty by providing that the income tax of Energy to establish a multi-agency pro- Mr. DAVIS of Virginia, Mr. DEAL of rate bracket amounts, and the amount of the gram in support of the Materials Corridor Georgia, Mr. DIAZ-BALART, Mr. standard deduction, for joint returns shall be Partnership Initiative to promote energy ef- DICKEY, Mr. DOOLITTLE, Mr. DREIER, twice the amounts applicable to unmarried ficient, environmentally sound economic de- Mr. DUNCAN, Ms. DUNN of Wash- individuals; to the Committee on Ways and velopment along the border with Mexico ington, Mr. DEMINT, Mr. EHRLICH, Means. through the research, development, and use Mr. ENGLISH, Mrs. EMERSON, Mr. By Mr. OBERSTAR (for himself, Mr. of new materials technology; to the Com- EWING, Mr. FLETCHER, Mr. FOLEY, Mr. SHUSTER, Mr. LIPINSKI, Mr. DUNCAN, mittee on Science. FORBES, Mr. FOSELLA, Mrs. FOWLER, and Mr. HORN): By Mr. BURR of North Carolina: Mr. GEKAS, Mr. GIBBONS, Mr. H.R. 661. A bill to direct the Secretary of H.R. 667. A bill to remove Federal impedi- GILCHREST, Mr. GILLMOR, Mr. GIL- Transportation to prohibit the commercial ments to retail competition in the electric MAN, Mr. GOODE, Mr. GOODLATTE, Mr. operation of supersonic transport category power industry, thereby providing opportuni- GOODLING, Mr. GOSS, Ms. GRANGER, aircraft that do not comply with stage 3 ties within electricity restructuring; to the Mr. GREEN of Wisconsin, Mr. GREEN- noise levels if the European Union adopts Committee on Commerce. WOOD, Mr. GUTKNECHT, Mr. HALL of certain aircraft noise regulations; to the By Mr. CAMPBELL (for himself and Texas, Mr. HASTINGS of Washington, Committee on Transportation and Infra- Mr. LANTOS): Mr. HANSEN, Mr. HAYES, Mr. structure. H.R. 668. A bill to establish a uniform clos- HAYWORTH, Mr. HEFLEY, Mr. HILL of By Mr. BARR of Georgia: ing time for the operation of polls on the Montana, Mr. HILLEARY, Mr. HOEK- H.R. 662. A bill to prohibit the use of funds date of the election of the President and Vice STRA, Mr. HORN, Mr. HOSTETTLER, Mr. to administer or enforce the provisions of President; to the Committee on House Ad- HULSHOF, Mr. HUNTER, Mr. HUTCH- Executive Order 13107, relating to the imple- ministration. INSON, Mr. ISTOOK, Mr. JENKINS, Mr. mentation of certain human rights treaties; By Mr. CAMPBELL (for himself, Mr. JONES of North Carolina, Mr. SAM to the Committee on International Rela- GILMAN, Mr. GEJDENSON, Mr. BEREU- JOHNSON of Texas, Mrs. KELLY, Mr. tions. TER, Mr. BONIOR, Mr. PORTER, Mrs. KING of New York, Mr. KNOLLENBERG, H.R. 663. A bill to provide that the provi- LOWEY, Mr. GREENWOOD, Mr. BERMAN, Mr. KOLBE, Mr. KUYKENDALL, Mr. sions of Executive Order 13107, relating to Mr. ENGLISH, Mr. MENENDEZ, Mr. LARGENT, Mr. LATHAM, Mr. the implementation of certain human rights PAYNE, Mr. SHAYS, Mr. FARR of Cali- LATOURETTE, Mr. LAZIO of New York, treaties, shall not have any legal effect; to fornia, Mr. WALSH, Mr. HALL of Ohio, Mr. LEACH, Mr. LEWIS of Kentucky, the Committee on International Relations. Mr. PETRI, Mr. CONYERS, Mr. LEACH, Mr. LINDER, Mr. LIPINSKI, Mr. By Mr. ALLEN (for himself, Mr. TURN- Mr. MCDERMOTT, Mrs. MORELLA, Mr. LOBIONDO, Mr. LUCAS of Oklahoma, ER, Mr. WAXMAN, Mr. BERRY, Mr. POMEROY, Mr. HOUGHTON, Mr. LAN- Mr. MANZULLO, Mr. METCALF, Mr. STARK, Mr. SANDERS, Mrs. CAPPS, Mr. TOS, Mr. HASTINGS of Florida, Mrs. MICA, Mr. MILLER of Florida, Mrs. TIERNEY, Mr. LAMPSON, Ms. JONES of Ohio, Mr. SMITH of Wash- MYRICK, Mr. MCCOLLUM, Mr. STABENOW, Mr. DAVIS of Illinois, Mr. ington, Mr. MCNULTY, Mr. THOMPSON MCCRERY, Mr. MCHUGH, Mr. MCINNIS, KENNEDY, Ms. DELAURO, Mr. WEXLER, of Mississippi, Mr. GUTIERREZ, Ms. Mr. MCINTYRE, Mr. MCKEON, Mr. NEY, Mr. FROST, Mr. MCGOVERN, Mr. RIVERS, Mr. DELAHUNT, Mr. TIERNEY, Mr. NETHERCUTT, Mr. NORWOOD, Mr. CUMMINGS, Mr. THOMPSON of Mis- Ms. LEE, and Mr. MARTINEZ): NUSSLE, Mr. OSE, Mr. OXLEY, Mr. sissippi, Mr. SANDLIN, Mr. FORD, Mr. H.R. 669. A bill to amend the Peace Corps PACKARD, Mr. PAUL, Mr. PEASE, Mr. BROWN of Ohio, Mr. WEYGAND, Ms. Act to authorize appropriations for fiscal

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years 2000 through 2003 to carry out that Act, and sovereign status of certain Indian By Mr. MOORE (for himself, Mr. LUCAS and for other purposes; to the Committee on Tribes, including the Narragansett Tribe, of Kentucky, Mr. SHOWS, Mr. International Relations. and for other purposes; to the Committee on HOEFFEL, Mr. CAPUANO, Mr. BISHOP, By Mr. BLUMENAUER (for himself, Resources. Mr. BOYD, Mr. FORD, and Mr. Mr. HOUGHTON, Mr. BORSKI, Mrs. H.R. 677. A bill to amend the Internal Rev- DEFAZIO): KELLY, Mr. FATTAH, Mr. PEASE, Mr. enue Code of 1986 to encourage the construc- H.R. 685. A bill to amend title II of the So- HINCHEY, Mr. BONIOR, Mr. DOYLE, Mr. tion in the United States of luxury yachts, cial Security Act to ensure that the receipts SPRATT, Mr. DEAL of Georgia, Mr. and for other purposes; to the Committee on and disbursements of the Social Security KILDEE, Mr. SAWYER, Mr. ENGLISH, Ways and Means, and in addition to the Com- trust funds are not included in a unified Fed- Mr. BRADY of Pennsylvania, Mr. mittee on Commerce, for a period to be sub- eral budget; to the Committee on Ways and LEWIS of Georgia, Mr. GEORGE MIL- sequently determined by the Speaker, in Means, and in addition to the Committee on LER of California, Mr. KENNEDY, Mr. each case for consideration of such provi- the Budget, for a period to be subsequently STARK, Ms. BROWN of Florida, Mr. sions as fall within the jurisdiction of the determined by the Speaker, in each case for DAVIS of Florida, Mr. ROMERO- committee concerned. consideration of such provisions as fall with- in the jurisdiction of the committee con- BARCELO, Mr. STRICKLAND, Mr. FARR By Mrs. LOWEY (for herself, Mr. KING cerned. of California, Ms. DELAURO, Mr. MEE- of New York, Mr. SHOWS, Mr. HORN, By Mr. ORTIZ: HAN, Mr. THOMPSON of Mississippi, Mr. BISHOP, Mr. LOBIONDO, Mr. H.R. 686. A bill to designate a United Mr. BISHOP, Mr. FRANK of Massachu- GUTIERREZ, Mr. FOLEY, Mr. CROWLEY, States courthouse in Brownsville, Texas, as setts, Ms. HOOLEY of Oregon, Mr. Mr. BROWN of Ohio, Mr. HOLDEN, Mr. KENNEDY, Mr. FILNER, Ms. KIL- the ‘‘Garza-Vela United States Courthouse’’; HOLDEN, Mr. WEYGAND, Mr. SANDLIN, to the Committee on Transportation and In- Mr. ALLEN, Mrs. THURMAN, Mr. PATRICK, Mr. GREEN of Texas, Mr. TRAFICANT, Mr. ROMERO-BARCELO, frastructure. CUMMINGS, Mr. ANDREWS, Mrs. MINK By Mrs. ROUKEMA (for herself and Mr. LAY ALDACCI Mr. UNDERWOOD, Mr. FROST, Ms. ROY- of Hawaii, Mr. C , Mr. B , VENTO): BAL-ALLARD, Mrs. THURMAN, Mr. Ms. STABENOW, Mr. KLECZKA, Mr. H.R. 687. A bill to abolish the Special Re- SANDLIN, Mr. ALLEN, Mr. LANTOS, Mr. UNDERWOOD, and Mr. GOODE): serve of the Savings Association Insurance STUPAK, Mr. BALDACCI, Mr. RANGEL, H.R. 670. A bill to amend title 39, United Fund and to repeal the provision which Mr. JOHN, Mrs. KELLY, Mr. BRADY of States Code, to establish guidelines for the would have established the Special Reserve relocation, closing, consolidation, or con- Pennsylvania, Mr. FRANK of Massa- of the Deposit Insurance Fund had section struction of post offices, and for other pur- chusetts, Mr. LAMPSON, Ms. RIVERS, 2704 of the Deposit Insurance Funds Act of poses; to the Committee on Government Re- Mr. VENTO, Mr. WYNN, and Mrs. 1996 taken effect; to the Committee on Bank- form. MCCARTHY of New York): ing and Financial Services. By Mr. CARDIN (for himself, Mr. H.R. 678. A bill to amend title 18, United By Mr. SALMON: STARK, Mr. MATSUI, Mr. COYNE, and States Code, to prohibit desecration of Vet- H.R. 688. A bill to amend the Internal Rev- erans’ memorials; to the Committee on the Mr. JEFFERSON): enue Code of 1986 to repeal the increase in H.R. 671. A bill to amend part E of title IV Judiciary. tax on Social Security benefits; to the Com- of the Social Security Act to help children By Mr. LUTHER (for himself, Mr. mittee on Ways and Means. aging out of foster care to make the transi- RAMSTAD, Ms. RIVERS, Mr. LAFALCE, By Mr. SHAW (for himself, Mr. MATSUI, tion to becoming independent adults, to Mr. BROWN of Ohio, Mr. HINCHEY, Mr. Mr. CRANE, Mr. LEVIN, Mr. THOMAS, amend the Internal Revenue Code of 1986 to GUTIERREZ, Ms. SLAUGHTER, and Mr. Mr. CARDIN, Mrs. JOHNSON of Con- expand the work opportunity tax credit to CONYERS): necticut, Mr. KLECZKA, Mr. HOUGH- H.R. 679. A bill to limit further production include individuals who were in foster care TON, Mr. LEWIS of Georgia, Mr. of the Trident II (D–5) missile; to the Com- just before their 18th birthday, and for other HERGER, Mrs. THURMAN, Mr. mittee on Armed Services. purposes; to the Committee on Ways and MCCRERY, Mr. RAMSTAD, Ms. DUNN of By Mr. LUTHER (for himself, Mr. GUT- Means. Washington, Mr. COLLINS, Mr. KNECHT, Ms. LOFGREN, Mr. HALL of By Mr. CRANE (for himself and Mr. PORTMAN, Mr. ENGLISH, Mr. WATKINS, Texas, Mr. ENGLISH, and Mr. MINGE): Mr. WELLER, Mr. MCCOLLUM, Ms. MATSUI): H.R. 680. A bill to reduce the number of ex- MILLENDER-MCDONALD, Mr. BEREU- H.R. 672. A bill to prohibit the Secretary of ecutive branch political appointees; to the TER, Mr. PETERSON of Pennsylvania, the Treasury from issuing regulations deal- Committee on Government Reform. ing with hybrid transactions; to the Com- Mr. LEACH, Mr. DOOLEY of California, By Mr. MCCRERY (for himself, Mr. mittee on Ways and Means. Mr. STEARNS, Mr. MANZULLO, and Mr. SHAW, Mrs. JOHNSON of Connecticut, By Mr. DEUTSCH (for himself and Mr. HALL of Texas): Mr. KLECZKA, Mr. RAMSTAD, Mr. SAM SHAW): H.R. 689. A bill to amend the Internal Rev- JOHNSON of Texas, Mr. NEAL of Mas- H.R. 673. A bill to authorize the Adminis- enue Code of 1986 to provide for S corpora- sachusetts, Mr. WATKINS, Mr. MAT- trator of the Environmental Protection tion reform, and for other purposes; to the SUI, Ms. DUNN of Washington, Mr. Agency to make grants to the Florida Keys Committee on Ways and Means. CRANE, Mr. HULSHOF, Mr. FOLEY, Mr. Aqueduct Authority and other appropriate By Mr. SMITH of New Jersey (for him- HOUGHTON, and Mr. WELLER): agencies for the purpose of improving water self and Mr. EVANS): H.R. 681. A bill to amend the Internal Rev- H.R. 690. A bill to amend title 38, United quality throughout the marine ecosystem of enue Code of 1986 to permanently extend the States Code, to add bronchiolo-alveolar car- the Florida Keys; to the Committee on subpart F exemption for active financing in- cinoma to the list of diseases presumed to be Transportation and Infrastructure. come; to the Committee on Ways and Means. service-connected for certain radiation-ex- By Mr. SAM JOHNSON of Texas (for By Mr. MCINNIS (for himself, Mr. WAT- posed veterans; to the Committee on Vet- himself, Mr. MCCRERY, and Mr. WAT- KINS, Mr. PACKARD, and Mr. EHRLICH): erans’ Affairs. KINS): H.R. 682. A bill to amend the Internal Rev- By Mr. STEARNS (for himself, Mr. H.R. 674. A bill to amend the Internal Rev- enue Code of 1986 to accelerate the phasein of STUMP, Mr. EVANS, Mr. SHOWS, Mr. enue Code of 1986 to clarify that natural gas the $1,000,000 exclusion from the estate and RAHALL, and Mrs. KELLY): gathering lines are 7-year property for pur- gift taxes; to the Committee on Ways and H.R. 691. A bill to amend title 38, United poses of depreciation; to the Committee on Means. States Code, to provide for a portion of any Ways and Means. By Mrs. MEEK of Florida (for herself funds recovered by the United States in any By Mr. KANJORSKI: and Mr. MILLER of Florida): future lawsuit brought by the United States H.R. 675. A bill to provide jurisdiction and H.R. 683. A bill to facilitate the recruit- against the tobacco industry to be made procedures for affording relief for injuries ment of temporary employees to assist in available for health care for veterans; to the arising out of exposure to hazards involved the conduct of the 2000 decennial census of Committee on Veterans’ Affairs. in the mining and processing of beryllium; to population; to the Committee on Govern- By Mr. TANCREDO (for himself, Mr. the Committee on the Judiciary, and in addi- ment Reform. STUMP, Mr. TAYLOR of North Caro- tion to the Committee on Ways and Means, By Mr. GEORGE MILLER of California lina, Mr. SESSIONS, Mr. ROYCE, Mr. for a period to be subsequently determined (for himself, Ms. KILPATRICK, Mrs. SAXTON, Mr. BALLENGER, Mr. DICKEY, by the Speaker, in each case for consider- TAUSCHER, Mr. PALLONE, Mr. STARK, Mr. THORNBERRY, Mr. BURTON of Indi- ation of such provisions as fall within the ju- Ms. RIVERS, and Mr. MEEHAN): ana, Mr. RADANOVICH, Mr. PETRI, Mr. risdiction of the committee concerned. H.R. 684. A bill to amend the Federal Water HAYWORTH, Mr. SHADEGG, and Mr. By Mr. KENNEDY: Pollution Control Act to control water pollu- DOOLITTLE): H.R. 676. A bill to amend the Rhode Island tion from concentrated animal feeding oper- H.R. 692. A bill to terminate the e-rate pro- Indian Claims Settlement Act to conform ations, and for other purposes; to the Com- gram of the Federal Communications Com- that Act with the judgments of the United mittee on Transportation and Infrastruc- mission that requires providers of tele- States Federal Courts regarding the rights ture. communications and information services to

VerDate Aug 04 2004 11:20 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR99\H10FE9.001 H10FE9 February 10, 1999 CONGRESSIONAL RECORD—HOUSE 2235 provide such services for schools and librar- tion Act (commonly referred to as the Pitt- civilian prisoners of war during World War ies at a discounted rate; to the Committee man-ROBERTSon Act) to establish a fund to II; to the Committee on Government Reform. on Commerce. meet the outdoor conservation and recre- By Mr. SMITH of Texas (for himself By Mr. THUNE (for himself, Mr. MINGE, ation needs of the American people, and for and Mr. BERMAN): Mr. BOSWELL, Mrs. EMERSON, Mr. other purposes; to the Committee on Re- H. Res. 52. A resolution providing amounts POMEROY, Mr. EVANS, Mr. WELLER, sources. for the expenses of the Committee on Stand- and Mrs. CLAYTON): By Mr. LAZIO of New York: ards of Official Conduct in the One Hundred H.R. 693. A bill to amend the Agricultural H. Con. Res. 27. Concurrent resolution pro- Sixth Congress; to the Committee on House Marketing Act of 1946 to institute a program viding for an adjournment or recess of the Administration. of mandatory livestock market reporting for two Houses; considered and agreed to. f meat packers regarding prices, volume, and By Mr. GILMAN (for himself, Mr. GEP- the terms of sale for the procurement of do- HARDT, Mr. GEJDENSON, Mr. COX of PRIVATE BILLS AND mestic and imported livestock and livestock California, Mr. SMITH of New Jersey, RESOLUTIONS products, to improve the collection of infor- Ms. PELOSI, Mr. ROHRABACHER, Mr. Under clause 3 of rule XII, private mation regarding swine inventories and the LANTOS, Mr. PORTER, Mr. BURTON of slaughtering and measurement of swine, and Indiana, Mr. SALMON, Mr. CHABOT, bills and resolutions of the following for other purposes; to the Committee on Ag- and Mr. TANCREDO): titles were introduced and severally re- riculture. H. Con. Res. 28. Concurrent resolution ex- ferred, as follows: By Mr. UDALL of New Mexico (for pressing the sense of Congress that the By Mrs. KELLY: himself and Mrs. WILSON): United States should introduce and make all H.R. 702. A bill for the relief of Frank H.R. 694. A bill to direct the Secretary of efforts necessary to pass a resolution criti- Redendo; to the Committee on the Judiciary. the Interior to convey an administrative site cizing the People’s Republic of China for its H.R. 703. A bill for the relief of Khalid to the county of Rio Arriba, New Mexico; to human rights abuses in China and Tibet at Khannouchi; to the Committee on the Judi- the Committee on Resources. the annual meeting of the United Nations ciary. H.R. 695. A bill to direct the Secretary of Commission on Human Rights; to the Com- By Mrs. LOWEY: Agriculture and the Secretary of the Interior mittee on International Relations. H.R. 704. A bill for the relief of Walter to convey an administrative site in San Juan By Mrs. FOWLER (for herself, Mr. Borys; to the Committee on the Judiciary. County, New Mexico, to San Juan College; to SPENCE, Mr. SAM JOHNSON of Texas, f the Committee on Resources. Mr. YOUNG of Alaska, Mr. STEARNS, By Mr. WATKINS: Mrs. BONO, Mr. WICKER, Mr. MCCOL- ADDITIONAL SPONSORS H.R. 696. A bill to amend the Federal Elec- LUM, Mr. SCARBOROUGH, Mr. BILI- Under clause 7 of rule XII sponsors tion Campaign Act of 1971 to extend the RAKIS, Mrs. CHENOWETH, Mr. deadline for the submission to the Federal HASTINGS of Washington, Mr. KING- were added to public bills and resolu- Election Commission of campaign reports STON, Mr. BLUNT, Mr. BEREUTER, Mr. tions as follows: covering the first quarter of the calendar HANSEN, Mr. MCINTOSH, Mr. H.R. 33: Mrs. FOWLER. year; to the Committee on House Adminis- CUNNINGHAM, Mr. ROHRABACHER, Mr. H.R. 133: Mr. SOUDER. tration. TAUZIN, Mr. COLLINS, Mr. SUNUNU, H.R. 198: Mr. SCHAFFER. By Mr. WICKER: Mr. BACHUS, Mr. BRADY of Texas, Mr. H.R. 206: Mr. DAVIS of Illinois. H.R. 697. A bill to amend the Individuals HEFLEY, Mr. NETHERCUTT, Mr. H.R. 207: Mr. FRANK of Massachusetts. with Disabilities Education Act to provide HILLEARY, and Mr. FOLEY): H.R. 220: Mr. DOOLITTLE. that any decision relating to the establish- H. Con. Res. 29. Concurrent resolution ex- H.R. 222: Mr. MCKEON and Mr. EVANS. ment or implementation of policies of dis- pressing the opposition of Congress to any H.R. 323: Ms. RIVERS, Mr. WELDON of Flor- cipline of children with disabilities in school deployment of United States ground forces ida, Mr. COOK, Mr. PICKERING, Ms. ESHOO, Mr. be reserved to each State educational agen- in Kosovo, a province in the Republic of Ser- BOEHLERT, Mr. EHRLICH, Ms. SCHAKOWSKY, cy, or as determined by a State educational bia, for peacemaking or peacekeeping pur- Ms. WOOLSEY, Mr. CLAY, Mr. KNOLLENBERG, agency, to a local educational agency; to the poses; to the Committee on International Mr. QUINN, and Ms. KILPATRICK. Committee on Education and the Workforce. Relations. H.R. 347: Mr. HALL of Texas, Mr. CALLAHAN, H.R. 698. A bill to repeal the requirement By Mr. METCALF (for himself, Mr. Mr. YOUNG of Alaska, Mr. CONDIT, Mr. relating to specific statutory authorization HYDE, Mr. TANCREDO, Mr. ISTOOK, Mr. HOLDEN, Mr. HILLEARY, Mr. STUMP, Mr. CAL- for increases in judicial salaries, to provide HERGER, Mr. GILMAN, Mr. TRAFICANT, VERT, Mr. NETHERCUTT, Mr. BURR of North for automatic annual increases for judicial Mr. ENGLISH, and Mr. SCARBOROUGH): Carolina, Mr. BOUCHER, Mr. HAYWORTH, Mr. salaries, and for other purposes; to the Com- H. Con. Res. 30. Concurrent resolution to GOODE, Mr. PAUL, Mr. BARTON of Texas, Mr. mittee on the Judiciary. express the sense of the Congress that any HOSTETTLER, Mrs. EMERSON, Mr. WELDON of By Ms. WOOLSEY: Executive order that infringes on the powers Florida, Mrs. CUBIN, Mr. NEY, Mr. BRADY of H.R. 699. A bill to reward states that enact and duties of the Congress under article I, Texas, Mr. BURTON of Indiana, Mr. SCHAFFER, welfare policies and support programs that section 8 of the Constitution, or that would Mr. COMBEST, Mr. PICKERING, Mr. STEARNS, truly lift families out of poverty; to the require the expenditure of Federal funds not and Mr. BARCIA of Michigan. Committee on Ways and Means. specifically appropriated for the purpose of H.R. 351: Mr. SANDLIN and Mr. CAMP. By Mr. SHUSTER: the Executive order, is advisory only and has H.R. 357: Mr. BORSKI and Mr. STUPAK. H.R. 700. A bill to amend title 49, United no force or effect unless enacted as law; to H.R. 358: Mr. LIPINSKI and Mr. SMITH of States Code, to provide enhanced protections the Committee on the Judiciary. Washington. for airline passengers; to the Committee on By Mr. TIERNEY (for himself, Mr. H.R. 415: Ms. JACKSON-LEE of Texas. Transportation and Infrastructure. LARSON, Mr. NETHERCUTT, Mr. H.R. 506: Mr. ADERHOLT, Mr. GEKAS, Ms. By Mr. YOUNG of Alaska (for himself, SAXTON, Mr. MEEHAN, Mr. UNDER- JACKSON-LEE of Texas, Mr. ROGERS, and Ms. Mr. DINGELL, Mr. TAUZIN, Mr. JOHN, WOOD, Mr. BRADY of Pennsylvania, PELOSI. Mr. BAKER, Mr. RANGEL, Mr. Mr. TAYLOR of Mississippi, Mr. H.R. 516: Mr. HOSTETTLER and Mr. MORAN CHAMBLISS, Mr. PETERSON of Min- FROST, Mr. LATOURETTE, Mr. MCNUL- of Kansas. nesota, Mr. ROGERS, Mr. TANNER, Mr. TY, Mr. HOLDEN, Mr. ENGLISH, Mr. H.R. 525: Mr. WEINER, Mr. UDALL of Colo- LIVINGSTON, Mr. LAMPSON, Mr. BARTLETT of Maryland, Mr. BORSKI, rado, Mr. KLECZKA, Mr. MCDERMOTT, Mrs. MCCRERY, Mr. TOWNS, Mr. GOSS, Mr. and Mr. RAMSTAD): JONES of Ohio, Mrs. MINK of Hawaii, Mr. KILDEE, Mr. NORWOOD, Mr. SHOWS, H. Con. Res. 31. Concurrent resolution to LANTOS, and Mr. NEAL of Massachusetts. Mr. HILLIARD, Mr. SESSIONS, Mr. LU- designate a flag-pole upon which the flag of H.R. 530: Mr. CALVERT, Mr. SANFORD, Mr. THER, Mr. ROEMER, Ms. MCCARTHY of the United States is to be set at half-staff JONES of North Carolina, Mr. STUMP, Mr. Missouri, Mr. WEYGAND, Mr. WELLER, whenever a law enforcement officer is slain SHAYS, and Mr. BACHUS. Mr. WATKINS, Mr. JEFFERSON, Ms. in the line of duty; to the Committee on the H.R. 540: Mr. YOUNG of Florida, Ms. ROS- LEE, Mr. COOKSEY, Mr. HOLDEN, Mr. Judiciary. LEHTINEN, Mr. UPTON, Mr. LATOURETTE, Ms. BASS, and Ms. EDDIE BERNICE JOHN- By Mr. FROST: DEGETTE, Mr. SANDERS, and Mr. MCHUGH. SON of Texas): H. Res. 50. A resolution designating minor- H.R. 576: Mr. ENGLISH, Mrs. CLAYTON, Mr. H.R. 701. A bill to provide Outer Conti- ity membership on certain standing commit- CROWLEY, Mr. SHOWS, Mr. EHRLICH, Mr. nental Shelf Impact Assistance to State and tees of the House; considered and agreed to. BRADY of Pennsylvania, Mr. HINCHEY, Mr. local governments, to amend the Land and By Mrs. LOWEY (for herself and Mr. GEJDENSON, Mr. WYNN, Mr. LEWIS of Cali- Water Conservation Fund Act of 1965, the ENGEL): fornia, Mr. GREEN of Texas, and Mr. BROWN Urban Park and Recreation Recovery Act of H. Res. 51. A resolution recognizing the of Ohio. 1978, and the Federal Aid in Wildlife Restora- suffering and hardship endured by American H.R. 586: Mr. SHOWS.

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H.R. 590: Mr. BALDACCI. ERN, Mrs. JONES of Ohio, Mr. BALDACCI, Mr. of North Carolina, Mr. BRADY of Pennsyl- H.R. 614: Mr. SHAW, Mr. FOLEY, Mr. TAYLOR PRICE of North Carolina, Mrs. MCCARTHY of vania, Ms. BROWN of Florida, Mr. MEEHAN, of North Carolina, Mr. SUNUNU, Mr. New York, Mr. MCNULTY, Mr. FOLEY, Ms. Mr. MARTINEZ, Mr. MEEKS of New York, Mr. CHAMBLISS, Mrs. EMERSON, Mr. SOUDER, and NORTON, Mr. ENGLISH, Mrs. MORELLA, Mrs. ENGEL, Mr. CLAY, Mr. LANTOS, Mr. HINCHEY, Mr. METCALF. KELLY, Ms. RIVERS, Mr. GEORGE MILLER of Mr. FROST, Mr. WEINER, Mr. RUSH, Mr. H.J. Res. 9: Mr. MCCRERY, Mr. HERGER, Mr. California, and Mr. BOEHLERT. MCDERMOTT, Mr. LEWIS of Georgia, Ms. BACHUS, Mr. KOLBE, and Mr. ROYCE. H. Res. 20: Mr. KOLBE, Mr. GOODE, Mr. DELAURO, Ms. MCKINNEY, Mr. KILDEE, Mr. H. Res. 19: Mrs. CAPPS, Mrs. CUBIN, Mrs. ENGLISH, and Mr. HOSTETTLER. MCGOVERN, Mrs. MALONEY of New York, Mr. MALONEY of New York, Mrs. BONO, Mr. WISE, H. Res. 35: Mr. DINGELL, Mr. CONDIT, Mr. DIXON, Ms. LOFGREN, Ms. SCHAKOWSKY, Mr. Mrs. MYRICK, Mr. DEFAZIO, Mr. FARR of Cali- HASTINGS of Florida, Mr. LAMPSON, Mr. BLUMENAUER, Mr. BROWN of Ohio, Mrs. fornia, Mr. LOBIONDO, Mr. UNDERWOOD, Mr. SHERMAN, Mr. GONZALEZ, Mr. BISHOP, Ms. CAPPS, Mr. OLVER, Mrs. THURMAN, Mrs. SHOWS, Ms. JACKSON-LEE of Texas, Mr. WAX- KILPATRICK, Mr. WYNN, Mr. CUMMINGS, Mrs. CHRISTIAN-CHRISTENSEN, Ms. EDDIE BERNICE MAN, Ms. KILPATRICK, Mr. TOWNS, Mr. NAD- CLAYTON, Mr. FRANK of Massachusetts, Mr. JOHNSON of Texas, Mr. DEUTSCH, Mr. FORBES, LER, Mr. STRICKLAND, Mr. FORD, Mr. MCGOV- CONYERS, Mr. JACKSON of Illinois, Mr. WATT and Mr. NEAL of Massachusetts.

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HUMAN RIGHTS ABUSES IN CHINA this Administration remains unchanged despite far, has virtually nothing to show for it. The AND TIBET this latest wave of repression. fact is that, while there has been minor, and In December, the Select Committee on U.S. mostly symbolic, progress in a few areas, in HON. BENJAMIN A. GILMAN National Security and Military/Commercial most areas the situation has actually gotten OF NEW YORK Concerns with the People’s Republic of China worse in the last three months.’’ IN THE HOUSE OF REPRESENTATIVES released a report stating that China has been Accordingly, I urge my colleagues to support stealing weapons designs from American nu- H. Con. Res. 28. Wednesday, February 10, 1999 clear laboratories and obtaining sensitive com- H. CON. RES. 28 Mr. GILMAN. Mr. Speaker, today I am intro- puter missile and satellite technologies. The Whereas the Government of the People’s ducing H. Con. Res. 28, a resolution express- Select Committee confirmed Pentagon and Republic of China has signed two important ing the sense of the Congress that the United State Department findings that two American United Nations human rights treaties, the States should introduce and make all efforts companies not only helped the Chinese space International Covenant on Civil and Polit- necessary to pass a resolution criticizing the industry and may have helped improve the re- ical Rights and the International Covenant People’s Republic of China for its human liability of China’s missiles. on Economic, Social, and Cultural Rights; rights abuses in China and Tibet at the annual And yet every year billions of dollars of Whereas the Government of the People’s meeting of the United Nations Commission on more goods from Chinese labor camps made Republic of China recognizes the United Na- tions Universal Declaration of Human Human Rights. by imprisoned democracy advocates come Rights, which calls for the protection of the In a December 22, 1998 speech commemo- into our country and adds to our growing trade rights of freedom of association, press, as- rating the 20th anniversary of the Third Ple- deficit with China. sembly, religion, and other fundamental nary Session of the 11th Communist Party In a few months, China, flush with foreign rights and freedoms; Central Committee, China’s President and currency reserves, will receive SS–N–22 Whereas the Government of the People’s Party Secretary Jiang Zemin stated that China ‘‘Sunburn’’ missiles that it bought from Russia. Republic of China demonstrates a pattern of needed to ‘‘nip those factors that undermine These missiles are designed to be able to de- continuous, serious, and widespread viola- social stability in the bud, no matter where stroy our most sophisticated naval ships. If in tions of internationally recognized human rights standards, including violations of the they come from.’’ In the same speech, Jiang the future China blockades democratic Taiwan rights described in the preceding clause and emphasized that, ‘‘the Western mode of polit- for refusing to reunify, how effective will our the following: ical systems must never be copied.’’ Soon Seventh Fleet be? (1) restricting nongovernmental political after his remarks more arrests were made of We question why our assistance to Russia and social organizations; key dissidents. has not been tied to the sale of these missiles (2) cracking down on film directors, com- We should not be surprised by the arrests and what has the Administration done to pre- puter software developers, artists, and the and lengthy prison terms that have been im- vent the Chinese from purchasing them? press, including threats of life prison terms; posed. The West abandoned the tactic of any When President Clinton was in China last (3) sentencing poet and writer, Ma Zhe, to seven years in prison on charges of subver- serious condemnation of China at the U.N. year, he urged President Jiang to negotiate sion for publishing an independent literary Commission on Human Rights in Geneva, or the future of Tibet with His Holiness the Dalai journal; elsewhere. It has replaced criticism of or sub- Lama. His Holiness once again publicly met (4) sentencing three pro-democracy activ- stantive action against Beijing’s ruthless rep- Beijing’s preliminary demands to the beginning ists, Xu Wenli, Wang Youcai, and Qing resentation of human rights with so-called bi- of negotiations and stated that he only wants Yongmin, to long prison sentences in Decem- lateral dialogues on human rights. Accordingly, some genuine autonomy for his nation and not ber 1998 for trying to organize an alternative China’s rulers believe that they can act with independence. His efforts were rebuffed. political party committed to democracy and On January 11th, Administration officials respect for human rights; impunity. (5) sentencing Zhang Shanguang to prison Early last year, the word was out that the met with representatives of the People’s Re- for ten years for giving Radio Free Asia in- Administration would not sponsor or pursue a public of China for a dialogue on human formation about farmer protests in Hunan resolution in Geneva if China signed the Inter- rights. We were pleased to learn that Harold province; national Covenant on Civil and Political Rights. Koh, our new Assistant Secretary for Human (6) putting on trial businessman Lin Hai Last summer, President Clinton traveled to Rights, strongly pressured the Beijing delega- for providing e-mail addresses to a pro-de- China and in October its government signed tion to end its repression of the democracy mocracy Internet magazine based in the the Covenant. movement in China. United States; (7) arresting, harassing, and torturing ‘‘The Democracy Wall’’ movement in the In general though, we have a pattern and members of the religious community who late 1970s and the ‘‘Hundred Flowers Cam- failure in our China policy that has stretched worship outside of official Chinese churches; paign’’ in the late 1950s were also periods for many years through many Administrations (8) refusing the United Nations High Com- when citizens were first encouraged to ex- and has permitted our Nation’s security to be missioner on Human Rights access to the press their beliefs and then subsequently they weakened and our moral stand to be ques- Panchen Lama, Gendun Choekyi Nyima; were severely persecuted for their criticism of tioned. Hopefully, the Administration and the (9) continuing to engage in coercive family the Communist Party and their desire for de- Congress will begin to confront this problem planning practices, including forced abortion and forced sterilization; and mocracy. and ‘‘nip in the bud’’ this failed policy and (10) operating a system of prisons and Similarly, the period before President Clin- those who benefit from it. Our economy and other detention centers in which gross ton visited China in June also saw an easing security are at stake. We need no stronger human rights violations, including torture, of political repression by the authorities— motivation. slave labor, and the commercial harvesting though some of us were concerned that this This week we received the findings of an of human organs from executed prisoners, was only a temporary change, and that the Amnesty International Report that was de- continue to occur; government would—as it has indeed—revert signed to determine whether President Clin- Whereas repression in Tibet has increased to form. ton’s visit to China last summer to bestow a steadily, resulting in heightened control on religious activity, a denunciation campaign When viewed as a cyclical historical process formal state visit upon the Chinese leadership against the Dalai Lama unprecedented since or as a method to preserve power, the out- had resulted in any significant improvement in the Cultural Revolution, an increase in polit- come is always the same—a brutal suppres- the human rights situation. According to Am- ical arrests, and suppression of peaceful pro- sion of the people’s thirst for freedom and de- nesty International, ‘‘The President gave the tests, and the Government of the People’s mocracy in China. Regrettably, the policy of Chinese leaders a propaganda coup, and, so Republic of China refuses direct dialogue

● 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.

VerDate Aug 04 2004 11:33 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0689 Sfmt 0634 E:\BR99\E10FE9.000 E10FE9 2238 EXTENSIONS OF REMARKS February 10, 1999 with the Dalai Lama or his representatives guarantee certain life goals for themselves, This legislation provides for a transfer by the on a negotiated solution for Tibet; Coloradans overwhelmingly chose a lifelong, Secretary of Interior of real property and im- Whereas the annual meeting of the United satisfying marriage and happy children over provements at an abandoned and surplus Nations Commission on Human Rights in Ge- material goods like fancy houses, comfortable neva, Switzerland, provides a forum for dis- ranger station in the Carson National Forest to cussing human rights and expressing inter- retirements, and fulfilling careers. Further un- Rio Arriba County. This site is known locally national support for improved human per- derscoring this result is the fact that Colo- as the ‘‘Old Coyote Administration Site’’ and is formance; radans were far more willing to give up located near the town of Coyote, NM. The site Whereas during his July 1998 visit to the houses, retirements and careers if that would will continue to be used for public purposes People’s Republic of China, President Clin- ensure a satisfying, lifelong marriage and and may be used as a community center, fire ton correctly affirmed the necessity of ad- happy kids. substation, storage facilities, or space to repair dressing human rights in United States- The question for political leaders becomes road maintenance equipment and other county China relations; and one of how government can best help the av- vehicles. Whereas the United States did not sponsor erage citizen achieve these goals. Govern- a resolution on China’s human rights record Mr. Speaker, the Forest Service has moved ment should take a page from the Hippocratic at the 1998 session of the United Nations its operations to a new facility and has deter- Oath: ‘‘First, do no harm.’’ Commission on Human Rights: Now, there- mined that this site is of no further use. Fur- Many well-intentioned government programs fore, be it thermore, the Forest Service has notified the designed to strengthen families achieve just Resolved by the House of Representatives (the General Services Administration that improve- Senate concurring, That it is the sense of the the opposite by subsidizing parents spending ments to this site are considered surplus and Congress that the United States— time away from their spouses and children. the sites are available for disposal. In addition, (1) should introduce and make all efforts Government policies which support marriage the land on which the facility is built, is with- necessary to pass a resolution criticizing the and family, like doing away with the marriage People’s Republic of China for its human drawn public domain land, and falls under the tax penalty in the tax code, can go a long way rights abuses in China and Tibet at the an- jurisdiction of the Bureau of Land Manage- toward ensuring Coloradans realize their fam- nual meeting of the United Nations Commis- ment. Since neither the Bureau of Land Man- sion on Human Rights; and ily goals and dreams. Working families struggling under a heavy agement nor the Forest Service have a future (2) should immediately contact other gov- plan to utilize this site, the transfer of the land ernments to urge them to cosponsor and sup- tax burden may be so crushed by the weight port such a resolution. of supporting lofty government programs they and facilities to Rio Arriba County would cre- ate a benefit to a community that would make f can’t spend the time with their spouses and children they’d like. Economic prosperity, productive use of it. COLORADANS CARE ABOUT LIFE- lower taxes, and freedom can support and In summary, this legislation creates a situa- LONG, SATISFYING MARRIAGES strengthen families and marriages if they en- tion in which the federal government, the State AND HAPPY CHILDREN able spouses and parents to devote more at- of New Mexico, and the people of Rio Arriba tention to what really matters. County all benefit. With the bipartisan support HON. BOB SCHAFFER Fancy houses? Fat retirement accounts? of the New Mexico delegation, I am confident that this chamber realizes that this bill is good OF COLORADO Cushy jobs? These pale in comparison to heartfelt desires for happy marriages and chil- for New Mexico. For these reasons, I ask im- IN THE HOUSE OF REPRESENTATIVES dren. As we enter the twenty-first century, mediate consideration and passage of the bill. Wednesday, February 10, 1999 elected officials would do well to respond to Mr. SCHAFFER. Mr. Speaker, for two years, what Coloradans say is really important to f Coloradans have been bombarded with opin- them. Failure to do so will only perpetuate the ions suggesting it’s not about fidelity, commit- myth that strong marriages and families are IN MEMORY OF BRIG. GEN. (RET) ment, or personal behavior. But now a new just by-products of a strong economy. BEN J. MANGINA survey from the Rocky Mountain Family Coun- After all, no one ever went to his or her cil shows what Coloradans really care about grave saying, ‘‘I wish I had worked longer HON. IKE SKELTON are lifelong, satisfying marriages and happy hours.’’ Government can, and should, do all in children. its power to allow families and marriages to OF MISSOURI As Members of Congress returned to Wash- grow strong without interference. IN THE HOUSE OF REPRESENTATIVES ington for the recent impeachment vote, the f Wednesday, February 10, 1999 Rocky Mountain Family Council was unveiling A BILL THAT IS GOOD FOR NEW the Marriage Matters: 1998 Colorado Marriage MEXICO Mr. SKELTON. Mr. Speaker, let me take Health Index. The results clearly contradict the this opportunity to say a few words in tribute values demonstrated by the recent affairs of to the late Brigadier General (Retired) Ben J. our President and his apologists. HON. TOM UDALL OF NEW MEXICO Mangina, USAF, of Windsor, Missouri. Gen- President Clinton’s exploitation of a clever IN THE HOUSE OF REPRESENTATIVES eral Mangina, a loyal and dedicated airman slogan proved decisive in ushering him into of- and a good friend of mine through the years, fice, ‘‘It’s the economy stupid!’’ Coloradans, Wednesday, February 10, 1999 passed away at the age of 78. being common sense, caring people, recog- Mr. UDALL of New Mexico. Mr. Speaker, General Mangina, a native of Birmingham, nize marriage and family last forever. Eco- today I introduce legislation, which is being co- Alabama, was born the son of Joseph and Jo- nomic prosperity, however, is often only as se- sponsored by my colleague from New Mexico, sephine Amari Mangina. He was the com- cure as the next paycheck. HEATHER WILSON, that provides for the transfer mander of several Air Force bases, including Sure, some may find solace in this period of of an unwanted facility and federal land to the Richard-Gebauer Air Force Base. There he relative economic prosperity. Fatter wallets people of Rio Arriba County, NM. Mr. Speak- commanded the 442nd fighter wing. tend to squelch the alarm of cultural decay to er, this is a companion bill to a bill that has al- a certain degree. ready been reintroduced in the other chamber General Mangina was also active in the community. He was a member and deacon of But even the highest heights of consumer on January 21, 1999, by Senator DOMENICI First Baptist Church along with many other confidence cannot achieve the kind of moral and cosponsored by Senator BINGAMAN, both indifference upon which political left-wingers of New Mexico. This bill was originally intro- civic organizations. are banking in the face of executive scandal duced by Senator DOMENICI as the Rio Arriba, General Mangina is survived by his wife, and infidelity. On the contrary, Coloradans New Mexico Land Conveyance Act of 1998. Ethel Mae; his daughter, Rose; his son, Ben; bristle when politicians betray their marriage With the administration’s support, the Senate two stepsons, Ken and Don; seven grand- vows for extramarital affairs, even when Energy and Natural Resources Committee re- children and four great-grandchildren. downplayed as ‘‘affectionate’’ or ‘‘hugging’’ re- ported the bill unanimously in May 1998. On Mr. Speaker, Ben Mangina was a dedicated lationships. July 17, 1998, the Senate passed this legisla- airman and a true friend. I am certain that the According to the Family Council, when tion as S. 1510. Unfortunately, the bill died in members of the House will join me in paying asked if they could wave a magic wand and this chamber at the end of the last session. tribute to this fine Missourian.

VerDate Aug 04 2004 11:33 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR99\E10FE9.000 E10FE9 February 10, 1999 EXTENSIONS OF REMARKS 2239 COMMENDATION OF MICHAEL Revenue Code. The bill will further instruct the INTRODUCTION OF LEGISLATION OSTERHOLM, EPIDEMIOLOGIST Secretary of the Treasury to conduct a study FOR THE STATE OF MINNESOTA of the tax treatment of hybrid transactions and, HON. JAMES L. OBERSTAR after receiving input from the public, to submit OF MINNESOTA HON. BILL LUTHER his findings to the House Committee on Ways IN THE HOUSE OF REPRESENTATIVES OF MINNESOTA and Means and the Senate Committee on Fi- Wednesday, February 10, 1999 IN THE HOUSE OF REPRESENTATIVES nance. Mr. OBERSTAR. Mr. Speaker, the Euro- Wednesday, February 10, 1999 This legislation is identical to a bill we intro- pean Community has proposed regulations Mr. LUTHER. Mr. Speaker, Minnesota’s duced in the 105th Congress. During the last that would discriminate against U.S. aircraft longtime state epidemiologist, Michael Congress, most members of the House Ways and airlines by banning certain aircraft for al- Osterholm, has chosen to leave his post at the and Means Committee expressed their con- legedly creating excessive noise, while not Minnesota Department of Health after 24 cern over the policy changes to Subpart F banning European aircraft that are noisier. This proposal is particularly aggravating when years. I want to take this opportunity to com- suggested by Treasury in Notice 98–11. Both we recall that we have allowed British Airways mend Mr. Osterholm for his many years of Chairman Archer and Ranking Democrat service, and more importantly, the contribution and Air France to fly the Concorde into the RANGELL wrote Secretary Rubin to express he has made to our state and the nation in the United States, even though the Concorde area of infectious diseases. their concerns with both the policy changes does not meet our environmental noise limits. He has a long record of successes. In the pursued by Treasury as well as the means by To counter the unfairness in Europe toward 1990s alone, Mr. Osterholm found the link be- which Treasury implemented the changes. Mr. U.S. aviation, I am introducing legislation tween deadly toxic shock syndrome and tam- MATSUI and I, along with 31 other Committee today with my colleagues Mr. SHUSTER, Mr. LI- pons; traced the source of a salmonella out- members, also wrote Treasury asking them to PINSKI, and Mr. DUNCAN to ban supersonic air- break to trucks that had previously transported withdraw the regulations in order for Congress craft, specifically, the Concorde, from oper- contaminated eggs; and tracked the source of to have an opportunity to review the issues. ating in the United States if the European Legionnaire’s disease that may have killed as We hoped that Treasury would do this in con- Union (‘‘EU’’) adopts the proposed regulation that will blatantly discriminate against U.S. many as eight people and hospitalized dozens sultation with members of our Committee. more to an air conditioning unit. During his aviation products. tenure he published nearly 180 scientific pa- The provisions of Subpart F of the Code The EU proposed regulation, which may be pers in the New England Journal of Medicine, have a direct impact on the competitiveness of considered by the European Parliament this the Journal of the American Medical Associa- U.S. businesses operating in the global mar- week, would restrict the use, in Europe, of cer- tion, and other publications. In addition, he ketplace. Congress historically has moved tain aircraft that have had either a new engine, contributes to or helps edit 25 medical jour- carefully when making changes to those sec- known as a ‘‘re-engined’’ aircraft, or a hushkit nals. tions of the Code relating to international tax- installed to meet the highest current noise Most recently, Mr. Osterholm has been ac- ation. Unwarranted or injudicious action in standards, called Stage 3 or Chapter 3. The European restriction would only apply to U.S. tively engaged in bringing attention to the these areas can have a substantial adverse aircraft and engines even though, in some threat of bioterrorism. Due in part to his dili- impact on U.S. businesses operating abroad. gence, the President recently announced a cases, they are quieter than their European significant investment in the federal response Treasury issued Notice 98–11 to restrict the counterparts that would continue to be oper- to a biological attack on the United States. He use of hybrid entities. After input from Con- ated. If finalized, the proposed regulation highlighted the issue at every turn, and made gress and the business community, Treasury could potentially cost American businesses me and others aware of the sorrowful state of issued Notice 98–35, which withdrew Notice over $1 billion in spare parts and engine our vaccination supplies for potential biological 98–11. However, Notice 98–35 still left Treas- sales; reduce the resale value of over 1600 agents that could be used in an attack. ury with the option of issuing binding rules re- U.S. aircraft; and cause severe financial losses for hushkit manufacturers, all of which While Mr. Osterholm’s departure is a loss garding hybrid transactions. And, although the are U.S. companies. for the state Department of Health, I am rules will not be finalized before January 1, pleased that he will continue his efforts The EU portrays its action as one to pro- 2000, they will be effective for certain pay- through a new enterprise he is embarking on mote higher environmental standards. How- in the private sector, and will remain ‘‘on call’’ ments made on or after June 19, 1998. I am ever, this claim has no basis in scientific or to the state in times of need. My thanks and concerned that Treasury’s actions, in effect, technical fact. ‘‘Hushkits’’ have been used for best wishes to Mike Osterholm and his wife legislate in this area. Our bill will protect Con- close to 15 years as an appropriate measure Barb Colombo, a former Assistant Commis- gress’ Constitutional prerogative. to quiet existing aircraft, first to meet the sioner of Health, and their children. Your ex- With regard to the policy, I am concerned Chapter 2 standards and, since 1989, to meet the International Civil Aviation Organization’s emplary service to our state and nation is that the proposed changes would put U.S. (‘‘ICAO’’) Chapter 3 standards. In addition, the greatly appreciated. companies at a competitive disadvantage in f EU regulation would not be applied consist- world markets by subjecting them to more tax- ently to re-engined aircraft. The regulation LEGISLATION TO PROHIBIT THE ation by foreign governments. This raises the would ban only those engines with a by-pass DEPARTMENT OF THE TREAS- question as to why the U.S. Treasury Depart- ratio of less than 3. Engines with a higher by- URY FROM ISSUING ANY REGU- ment is so concerned about helping to gen- pass ratio would be allowed, even though an LATIONS DEALING WITH HYBRID erate revenue for the coffers of other coun- engine’s by-pass ratio has no direct correlation TRANSACTIONS UNDER SUBPART tries. Furthermore, Notice 98–35, or similar to the noise it produces. F OF THE INTERNAL REVENUE regulations, is at odds with changes Congress As a practical matter, this cut-off would tend CODE recently made to Subpart F in the Taxpayer to ban the use of U.S. manufactured engines and allow the use of European manufactured Relief Act of 1997. HON. PHILIP M. CRANE engines. A comparison of the cumulative noise I look forward to further study and input OF ILLINOIS between a Boeing 727–200 (re-engined with a from Treasury on the issue of modifications to IN THE HOUSE OF REPRESENTATIVES Pratt & Whitney JT8D–217C/15) and an Air- Subpart F. However, we must not allow Treas- bus A300B4–200 (equipped with a CF6–50C2 Wednesday, February 10, 1999 ury to implement regulations in this area until engine) underscores this point. The re-engined Mr. CRANE. Mr. Speaker, joined by my Congress determines the appropriate course B727, with engines having a by-pass ratio of Ways and Means Committee colleague, Mr. of action. The bill we introduce today will allow less than 3, has a better cumulative noise per- MATSUI, I introduced legislation today to pro- for that judicious process to go forward and I formance standard of 288.8 decibels, as com- hibit the Department of the Treasury from urge my colleagues to join with us by cospon- pared to the Airbus’ 293.3 decibels. Yet the issuing any regulations dealing with hybrid Boeing would be banned and the Airbus would soring this bill. transactions under Subpart F of the Internal continue to fly.

VerDate Aug 04 2004 11:33 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR99\E10FE9.000 E10FE9 2240 EXTENSIONS OF REMARKS February 10, 1999 A further, important consideration: the pro- ing the burden of the lack of peace in this re- Born on February 13, 1899, Leotta Gittens posal’s adoption would deal a severe, long- gion. was the first of four children born to Alberta term blow to the environment because it would Sadly, we have seen this spectacle before. and Thomas Gittens on the sunny island of undermine the ability of the international com- Once again Milosevic carries out a genocidal Barbados, West Indies. Leotta was educated munity to agree to, and enforce, new and im- campaign of ethnic cleansing, once again the in Barbados and at an early age showed an proved noise standards in the future. international community is slow to react, and affinity to the sewing craft. She created gar- Banning Concorde flights to and from the once again it is innocent civilians who must ments for her family, and beautiful and imagi- United States will have positive environmental pay the terrible price that world indifference native party dresses and gowns for special oc- benefits. According to a preliminary analysis imposes. casions. from the FAA, such a prohibition will reduce The renewed violence in Kosova is but the Leotta Gittens immigrated to the United the noise footprint around New York’s John F. latest example of the manner in which States in 1922. She met and married Edgar Kennedy International Airport by at least 20 Milosevic attempts to use terror and murder to Howell in 1924 and from this union, a daugh- percent. The Concorde aircraft has enjoyed a hold together the republics which made up the ter Marilyn Alleyne, was born. Leotta exhibited waiver from noise standards for over 20 years former Yugoslavia. His policies of ethnic a true entrepreneurial spirit by continuing her even though it does not meet Stage 2 noise cleansing in Bosnia, policies which shocked seamstress business, while working full time standards. We in the U.S. have been very tol- the world and eventually led to international during the day. After the death of her hus- erant of and cooperative with the Concorde. I intervention, are now being carried out with re- band, Ms. Howell continued her success as a am willing to continue cooperating and allow newed vigor in Kosova. Sadly, the very same seamstress. When her daughter, a profes- continuation of this waiver, but only if the EU lack of resolve on the part of the international sional musician, performed she was adorned drops this outrageous proposal. community which allowed Milosevic to kill in her mother’s creations. The Administration has seen through this thousands in Bosnia is allowing him to carry Ms. Howell retired in 1970 and true to her thinly-veiled attempt to give a competitive ad- out a new campaign of terror against the eth- spirit became active in the Fort Greene Senior vantage to EU aircraft and engine manufactur- nic Albanian majority in Kosova, which makes Citizens Center. She became and remains an ers. Transportation Secretary Slater, Under- up 90% of the population. active member today. Mr. Speaker, I would secretary for International Trade Aaron, and Perhaps no event better illustrates like you and my colleagues from both sides of U.S. Trade Representative Barshefsky have Milosevic’s brutal policies than the recent mas- the aisle to join me in a standing ovation for already tried to persuade to the EU Commis- sacre in the village of Racak, where 45 ethnic Ms. Leotta Howell Gittens. sion to defer action on this issue, and instead Albanians, many of whom were women and f refer it to the proper forum—ICAO. These re- children, were found murdered by Serb mili- quests have been rejected. We must now tary and police units. As in the past, it took a RICHARD GOLDBERG TO RECEIVE make it clear to the EU that their initiative can- tragic event to finally focus the world’s atten- COMMUNITY SERVICE AWARD not proceed without severe consequences. tion to the plight of the Kosovan people, and Banning the Concorde is only the first step. I to move governments to act to stop the vio- HON. PAUL E. KANJORSKI am committed to additional actions, including lence. OF PENNSYLVANIA Mr. Speaker, unless we wish to see more discussing the issue directly with the EU Par- IN THE HOUSE OF REPRESENTATIVES massacres, more fighting, and more misery in liament or Commission, if necessary. Wednesday, February 10, 1999 The EU proposal is bad environmental pol- Kosova, the peace negotiations currently un- icy and bad for American businesses. If we derway in France must include a military com- Mr. KANJORSKI. Mr. Speaker, I rise today are to deal seriously with noise and air quality mitment to enforce the peace. Despots such to bring the accomplishments of my very good standards in the future, we must ensure that as Milosevic and Saddam Hussein do not re- friend, Attorney Richard M. Goldberg, to the the process is fair and based on scientific and spect international law. They do not respond attention of my colleagues. This month, Dick technical evidence. The EU proposal fails on to impassioned appeals for peace and human will receive the prestigious S.J. Strauss Lodge both accounts. By taking a strong stand rights. They do, however, recognize and re- of the B’nai B’rith Community Service Award against the EU action, we will help stop this spond to the very real threat of overwhelming at the group’s 55th Annual Lincoln Day Din- current policy as well as lay the foundation for military force. The world community was slow ner. I am pleased and proud to have been future, constructive action on aviation environ- to learn this fact in Bosnia, and we continue asked to participate in this event. mental issues. I hope my colleagues will join to inch along painfully slow toward under- The Community Service Award is presented me in this effort, by cosponsoring this legisla- standing this fact in Kosova. each year to an outstanding citizen who has tion. The Kosovan people are running out of made a valuable contribution to the fabric of time, however. Humanity cannot stand idly by f community life through courageous leadership and witness further atrocities such as those and dedication to humanity. Dick Goldberg is THE SITUATION IN KOSOVA committed in Racak. Milosevic enforces his a shining example of such leadership. policies from the point of a gun, and I fear that Those of us who know Dick know of his ex- HON. SUE W. KELLY time has long past for NATO to confront him treme love of country and his pride in having by doing the same. OF NEW YORK served for thirty years in the United States Finally, Mr. Speaker, any peace settlement IN THE HOUSE OF REPRESENTATIVES Army Reserve. Prior to his retirement, Colonel must also include an iron-clad commitment Goldberg was Chief of Staff for the 79th Army Wednesday, February 10, 1999 that the Kosovan people will have the oppor- Reserve Command at the Willow Grove Air Mrs. KELLY. Mr. Speaker, peace and secu- tunity that we often take for granted—the right Station in Willow Grove, Pennsylvania. He rity for the Kosovan people will never become of self-determination. Anything less is a recipe was awarded the Legion of Merit, Army a reality unless NATO brings military pressure for renewed violence and death in the future. Achievement Medal, Humanitarian Services to bear on Serbian strongman Slobodan f Medal, Army Service Ribbon, Pennsylvania Milosevic, and unless the ongoing peace ne- HONORING THE 100TH BIRTHDAY Meritorious Service Medal, Pennsylvania Com- gotiations include a guaranteed right to self- OF LEOTTA GITTENS HOWELL mendation Medal, three Meritorious Service determination for the ethnic Albanian majority Medals, two Armed Forces Reserve Medals, in Kosova. and five Army Reserve Components Achieve- The fact is, Mr. Speaker, NATO should have HON. EDOLPHUS TOWNS ment Medals. OF NEW YORK intervened a year ago when widespread vio- Dick Goldberg has had an equally out- IN THE HOUSE OF REPRESENTATIVES lence against the Kosovan people was first ini- standing legal career. A member of the pres- tiated by Mr. Milosevic. Thousands are dead, Wednesday, February 10, 1999 tigious local law firm of Hourigan, Kluger, and tens of thousands are homeless, and many Mr. TOWNS. Mr. Speaker, I rise today to Quinn, Dick has also served as Luzerne more have fled the country. Thousands of ref- honor Ms. Leotta Gittens Howell, who on Feb- County Solicitor since 1984. A native of ugees now live in camps and settlements in ruary 14, 1999 will be 100 years old. She is Wilkes-Barre, Dick received his bachelor of neighboring countries, too afraid to return out a woman whose passion filled life serves as arts degree from Dickinson College and law of fear of reprisals. These countries are bear- an example to us all. degrees from the Dickinson, Pennsylvania

VerDate Aug 04 2004 11:33 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR99\E10FE9.000 E10FE9 February 10, 1999 EXTENSIONS OF REMARKS 2241 State University, and Temple University. He INTRODUCTION OF LEGISLATION age between this ailment and radiation expo- was cited as an Outstanding Young Man of OF ADD BRONCHIOLO—ALVE- sure. In May of 1994, Secretary Jesse Brown America in 1972 and has been honored with OLAR PULMONARY CARCINOMA wrote to then Chairman Sonny Montgomery of the Valley Forge Freedom Foundation Award TO SERVICE-CONNECTED LIST OF the Veterans’ Affairs Committee regarding this twice. He has served as chairman of the CANCERS FOR VETERANS issue. Secretary Brown stated as follows: Young Lawyers Section of the Pennsylvania The Veterans’ Advisory Committee on En- Bar Association, membership chairman of the HON. CHRISTOPHER H. SMITH vironmental Hazards considered the issue of the radiogenicity of bronchiolo-alveolar car- Young Lawyers Section of the American Bar OF NEW JERSEY Association, chairman of the Pennsylvania Bar cinoma and advised me that, in their opin- IN THE HOUSE OF REPRESENTATIVES ion, this form of lung cancer may be associ- Association Unauthorized Practices Com- Wednesday, February 10, 1999 ated with exposure to ionizing radiation. mittee, and chairman of the American Bar As- They commented that the association with sociation Standing Committee of the Unau- Mr. SMITH of New Jersey. Mr. Speaker, exposure to ionizing radiation and lung can- thorized Practice of Law. Dick served as presi- today, I am reintroducing legislation that would cer has been strengthened by such evidence dent of the Wilkes-Barre Law and Library As- add a rare form of cancer, bronchiolo-alveolar as the 1988 report of the United Nations Sci- sociation and currently serves on the Board of pulmonary carcinoma, to the list of cancers entific Committee on the Effects of Atomic Governors of the Pennsylvania Bar Associa- that are presumed to be service-connected for Radiation, the 1990 report of the National Academy of Sciences’ Committee the Bio- tion. veterans who were exposed to radiation, in accordance with the provisions of Public Law logical Effects of Ionizing Radiation (the Dick Goldberg’s dedicated service to his 100–321. BEIR V Report), and the 1991 report of the community is well documented by a long list of International Committee on Radiation Pro- The merits of adding bronchiolo-alveolar tection. The Advisory Committee went on to memberships and board seats. He presently is pulmonary carcinoma to the list of cancers a member of the Board of Trustees of Wyo- state that when it had recommended that that are presumed to be service-connected for lung cancer be accepted as a radiogenic can- ming Seminary and is a director of the Jewish veterans who were exposed to radiation dur- cer, it was intended to include most forms of Home of Eastern Pennsylvania, the United ing their military service were pointed out to lung cancer, including bronchiolo-alveolar Way of Wyoming Valley, and Jewish Family me in 1986 when I became acquainted with carcinoma. Services. An Eagle Scout himself, he is active Joan McCarthy, a constituent from New Jer- Back in 1995, I met with former Secretary with the local Boy Scouts of America. sey. Mrs. McCarthy has worked tirelessly for Brown and he assured me that the VA would Dick is a past president of Temple Israel many years to locate other ‘‘atomic veterans’’ not oppose Congress taking action to add this and the Jewish Community Center. He chaired and their windows and she founded the New disease to the presumptive list. Notwith- the Jewish National Fund, Temple Israel Jersey Association of Atomic Veterans. standing this fact, however, the VA has re- School Board, Luzerne County Heart Fund Joan’s husband, Tom McCarthy, was a par- peatedly denied Joan McCarthy’s claims for Drive and the Osterhout Library Society Cam- ticipant in Operation Wigwam, a nuclear test in survivor’s benefits. paign. He has served as president of the Re- May of 1995 which involved an underwater The VA has claimed in the past that adju- serve Officers Association. detonation of a 30-kiloton plutonium bomb in dication on a case-by-case basis is the appro- the Pacific Ocean, about 500 miles southwest priate means of resolving these claims. Unfor- Mr. Speaker, throughout my legal career of San Diego. tunately, the practical experiences of claimants and my tenure in the House of Representa- Tom served as a navigator on the U.S.S. reveal deep flaws in the process used by the tives, I have been privileged to work with At- McKinley, one of the ships assigned to ob- VA. torney Dick Goldberg many times. I consider serve the Operation Wigwam test. The deto- Mr. Speaker, I believe the widows of our him to be a good friend and an outstanding nation of the nuclear weapon broke the sur- servicemen who participated in these nuclear community leader. I am proud to join with his face of the water, creating a giant wave and tests deserve better than this. They should not wife, Rosemary, his family, his friends, and the bathing the area with a radioactive mist. Gov- be required to meet an impossible standard of community in congratulating Dick on this pres- ernment reports indicate that the entire test proof in order to receive DIC benefits, which tigious honor. I extend my very best wishes on area was awash with the airborne products of CBO estimates will cost the government, on this momentous occasion and for continued the detonation. The spray from the explosion average, a mere $10 thousand a year for each good health and happiness in the years to was described in the official government re- affected widow. come. ports as an ‘‘insidious hazard which turned As many of my colleagues will remember, into an invisible radioactive aerosol.’’ Tom this legislation was passed on the floor of the f spent 4 days in this environment while serving House on October 14, 1998 by a vote of 400 aboard the U.S.S. McKinley. to 0. Unfortunately, our colleagues in the Sen- DOUG BELL AND MARILYN In April of 1981, at the age of 44, Tom ate failed to take up this legislation before STAPLETON SET EXAMPLES FOR McCarthy died of a rare form of lung cancer, Congress’ adjournment. During the 104th Con- YOUNG ATHLETES bronchiolo-alveolar pulmonary carcinoma. This gress, the House passed H.R. 368, identical illness is a nonsmoking related lung cancer legislation to the bill we are considering today. which is remarkable given the fact that nearly It too added bronchiolo-alveolar pulmonary HON. BOB SCHAFFER 97 percent of all lung cancers are related to carcinoma to the list of cancers that are pre- OF COLORADO smoking. On his deathbed, Tom told Joan, his sumed to be service-connected for veterans wife, about his involvement in Operation Wig- who were exposed to radiation. H.R. 368 was IN THE HOUSE OF REPRESENTATIVES wam and wondered about the fate of the other later included as part of H.R. 3673, an omni- Wednesday, February 10, 1999 men who were also stationed on the U.S.S. bus veterans’ package which passed the McKinley and on other ships. House on July 16, 1996. Unfortunately, this Mr. SCHAFFER. Mr. Speaker, I rise today Mr. Speaker, it has been well documented provision was dropped from the final con- to pay tribute to two fine people and world in medical literature that exposure to ionizing ference report. class athletes from Greeley, Colorado. Mr. radiation can cause this particular type of le- They say that the third time is the charm so Doug Bell and Ms. Marilyn Stapleton were thal cancer. The National Research Council I remain hopeful and determined that my intro- both ranked third among America’s best run- cited Department of Energy studies in the duction of this legislation today will result in its ners by age group in the Running Times. I BEIR V (Biological Effects of Ionizing Radi- speedy consideration in the House and ap- commend them for their hard work, commit- ation) reports, stating that ‘‘Bronchiolo-Alveolar proval in the Senate. I would also like to thank ment and dedication. Year round, despite the Carcinoma is the most common cause of de- my colleague, Congressman LANE EVANS from elements, fatigue and adversity, these fine layed death from inhaled plutonium 239.’’ The Illinois, the ranking democrat on the House athletes constantly train and strive to better BEIR V report notes that this cancer is caused Veterans’ Affairs Committee, who is joining me themselves. Doug Bell, owner of Bell’s Run- by the inhalation and deposition of alpha-emit- today as an original cosponsor of this legisla- ning, and Marilyn Stapleton set fine examples ting plutonium particles in the lungs. tion. His tireless work on behalf of ‘‘atomic vet- for young athletes, and for everyone seeking Mr. Speaker, the Department of Veterans erans,’’ and those who have suffered as a re- to achieve such admirable goals. Affairs has also acknowledged the clear link- sult of exposure to radiation while serving our

VerDate Aug 04 2004 11:33 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR99\E10FE9.000 E10FE9 2242 EXTENSIONS OF REMARKS February 10, 1999 country is to be commended and I thank him CIO President John Sweeney has said, ‘‘Our provide much needed certainty with respect to for his support of my legislation. commitment and dedication to organizing, at the proper depreciation classification of natural f all levels of the labor movement, is beginning gas gathering lines. Natural gas gathering to bear fruit—but we still have a long way to lines play an integral role in the production A TRIBUTE TO THE LABOR go. We need to stay focused and redouble our and processing of natural gas as they are MOVEMENT efforts.’’ used to carry gas from the wellhead to a gas f processing unit or interconnection with a trans- HON. ROBERT A. BRADY mission pipeline. In many instances, the gath- THE SENIOR CITIZENS INCOME OF PENNSYLVANIA ering network for a single gas field can consist TAX RELIEF ACT IN THE HOUSE OF REPRESENTATIVES of hundreds of miles and represents a sub- Wednesday, February 10, 1999 stantial investment for natural gas processors. HON. MATT SALMON The proper depreciation classification for Mr. BRADY of Pennsylvania. Mr. Speaker, I OF ARIZONA specific assets is determined by reference to rise to honor the labor movement. As the IN THE HOUSE OF REPRESENTATIVES the asset guideline class that describes the American trade union movement prepares to Wednesday, February 10, 1999 property. Asset class 13.2 subject to a 7-year move into its second century, it is important to Mr. SALMON. Mr. Speaker, I rise to intro- cost recovery period, clearly includes ‘‘assets applaud the movement’s ‘‘century of achieve- duce the Senior Citizens Income Tax Relief used by petroleum and natural gas producers ment’’ that included the historic reuniting of the Act. This legislation would repeal the Clinton for drilling wells and production of petroleum AFL–CIO in 1955. Social Security tax increase of 1993. and natural gas, including gathering pipelines American labor has played a central role in Millions of America’s senior citizens depend and related production facilities.’’ Not only are the raising of the American standard of living. on Social Security as a critical part of their re- gathering lines specifically referenced in asset American workers have had to struggle to tirement income. Having paid into the program class 13.2, but gathering lines are integral to achieve the gains they have made during this throughout their working lives, retirees count the extraction and production process. None- century. And it has been a struggle! Improve- on the government to meet its obligations theless, it has come to my attention that some ments did not come easily. By organizing, win- under the Social Security contract. For many, Internal Revenue Service auditors now seek to ning the right to representation, utilizing the the security provided by this supplemental categorize natural gas gathering lines as as- collective bargaining process, struggling pension plan is the difference between a sets subject to a 15-year cost recovery period against bias and discrimination, working Amer- happy and healthy retirement and one marked under asset class 46.0, titled ‘‘Pipeline Trans- icans have built a trade union movement of by uncertainty and apprehension, particularly portation.’’ formidable proportions. for the vast majority of seniors on fixed in- Over the past several years, I have cor- Labor in America has correctly been de- comes. responded and met with officials of the De- scribed as a stabilizing force in the national As part of his massive 1993 tax hike, Presi- partment of Treasury seeking clarification on economy and a bulwark of our democratic so- dent Clinton imposed a tax increase on senior Internal Revenue Service policy and the ciety. The gains that unions have achieved citizens, subjecting to taxation up to 85 per- issuance of guidance to taxpayers as to the have brought benefits directly and indirectly to cent of the Social Security received by seniors proper treatment of these assets for deprecia- the American people and have served as a with annual incomes of over $34,000 and cou- tion purposes. These efforts have been to no force for our nation’s progress. ples with over $44,000 in annual income. This avail. In the meantime, the continued con- Labor has reached out to groups in America represents a 70 percent increase in the mar- troversy over this issue has imposed signifi- who strive for their share of the American ginal tax rate for these seniors. Factor in the cant costs on the gas processing industry on dream and there is a common bond between government’s Social Security Earnings Limita- audit and in litigation, and has resulted in a di- the labor movement and African-Americans, tion and a senior’s marginal tax rate can reach vision of authority among the lower courts as Hispanics, and other minorities. In the words 88 percent—twice the rate paid by million- to the proper depreciation of these assets. of Dr. Martin Luther King: ‘‘Our needs are aires. While it is not my intent to interfere with ongo- identical with labor’s needs—decent wages, An analysis of government-provided figures ing litigation, I do believe that legislation is fair working conditions, livable housing, old on the 1993 Social Security tax increase finds needed to clarify the treatment of these assets age security, health and welfare measures, that, at the end of 1998, America’s seniors under the Internal Revenue Code in order to conditions in which families can grow, have have paid an extra $25 billion because of this provide certainty to the industry for tax plan- education for their children and respect in the tax hike, including $380 million from senior ning purposes, and to avoid costly and pro- community.’’ citizens in Arizona alone. tracted audits or litigation. But today, America’s workplace is in transi- Older Americans are just as willing as the Accordingly, I have introduced legislation rest of the country to pay their fair share, but tion. The workforce that was once predomi- that would amend the Internal Revenue Code the President and other big spenders in Con- nantly ‘‘blue collar’’ has now expanded to in- to specifically provide that natural gas gath- gress should not take that as a license to fi- clude ‘‘white collar’’ employees and the signifi- ering lines are subject to a 7-year cost recov- nance their big government agenda on the cantly increasing ‘‘gray collar’’ workers rep- ery period. While I believe that this result backs of Social Security beneficiaries. Our na- resenting the workers in service industries. should be obvious under existing law, this bill tion’s seniors have worked too hard to have Mass production industries have downsized would eliminate any uncertainty surrounding their golden years tarnished by the govern- and many have gone out of business. Increas- the proper treatment of these assets. The bill ment reneging on its promises. In an era of ing numbers of the new industries require new also includes a proper definition of ‘‘natural budget surpluses, surely we can find a way to skill levels from employees and work once gas gathering lines’’ to distinguish these as- provide America’s seniors with relief from this performed in the United States has been sets from pipeline transportation for purposes burdensome tax. moved out of the country. of depreciation. However, change has not lessened the ab- f I urge my colleagues to support this impor- solute need for protection and representation INTRODUCTION OF BILL TO CLAR- tant legislation. for our nation’s working men and women. And IFY THAT NATURAL GAS GATH- f change has not lessened the resolve of the ERING LINES ARE 7-YEAR PROP- union movement to represent and protect ERTY FOR PURPOSES OF DEPRE- DRUG USE AMONG OUR CHILDREN America’s workers. CIATION As the labor movement continues to face HON. RON PACKARD the looming challenges, it is important to note OF CALIFORNIA that the union movement is on the right track. HON. SAM JOHNSON OF TEXAS IN THE HOUSE OF REPRESENTATIVES In 1998, the number of union members rose in IN THE HOUSE OF REPRESENTATIVES more than half the states and union member- Wednesday, February 10, 1999 ship grew by more than 100,000 nationwide. Wednesday, February 10, 1999 Mr. PACKARD. Mr. Speaker, I rise today to In all, the number of union members in the na- Mr. SAM JOHNSON of Texas. Mr. Speaker, express my concern over the continuing in- tion rose from 16.1 to 16.2 million. As AFL– today I have introduced legislation, H.R. — to crease in teenage drug abuse. Our nation’s

VerDate Aug 04 2004 11:33 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR99\E10FE9.000 E10FE9 February 10, 1999 EXTENSIONS OF REMARKS 2243 children are our future and they must be pro- vania State Representative Cliff Gray from athlete who practices Tae Kwon Do, plays tected from the evils of illegal drugs. 1978–1982. She is currently employed as an team soccer and runs cross country and track. Despite the Clinton Administration’s prom- Administrative Aide for State Senator Vincent I wish the winning combination of students ises, drug use among our children has in- J. Fumo and serves with her husband on the and teachers at Montgomery Blair High School creased in the last few years. The statistics Democratic Committee. continued success in achieving excellence in speak for themselves, Between 1996 and Mr. Speaker, it is with great pleasure that I math and science education. 1997 illicit drug use by children grew from 9.6 recognize these two outstanding American citi- f percent to 11.4 percent. The Administration’s zens, James and Anne McCloskey. They have response to this crisis has been appalling. The devoted their lives to their four children and HONORING FIRE CHIEF ALBERT V. international interdiction programs have been six grandchildren while maintaining the vital WINGO reduced by nearly $1 billion, while the present role as neighborhood leaders. The McClos- level of staff at the White House Office of keys are an extraordinary couple who possess HON. JERRY WELLER Drug Control Policy is now 25, down from 146 a love and dedication to each other that is OF ILLINOIS employees. commendable. I wish them many more years IN THE HOUSE OF REPRESENTATIVES As a father of seven and a grandfather of of marital bliss. Wednesday, February 10, 1999 thirty four, I am very concerned with the ever f lowering age of drug use in this country. I am Mr. WELLER. Mr. Speaker, I rise today to proud to be working with other Members of SEVEN CHEERS FOR MONTGOMERY honor the work and dedication of Chief Albert Congress who are committed to the war on BLAIR HIGH SCHOOL V. Wingo who, after serving the Village of drugs. We have already passed legislation in- Bradley for 44 years, retired as Bradley Fire creasing the punishment for dealing in HON. CONSTANCE A. MORELLA Chief on December 29, 1998. methamphetamines and we have increased OF MARYLAND Chief Wingo has a long and distinguished spending to stop drugs from entering our bor- IN THE HOUSE OF REPRESENTATIVES record with the Village of Bradley Fire Depart- ment as well as the Village of Bradley itself. ders. It should not stop there. For our chil- Wednesday, February 10, 1999 dren’s sake we have to do more. We must in- During his 44 year career with the Bradley crease the punishment for people who con- Mrs. MORELLA. Mr. Speaker, I rise to pay Fire Department, Chief Wingo served as Brad- tinue to deal in drugs, especially when chil- tribute to Montgomery Blair High School in Sil- ley Fire Chief for 28 years. Chief Wingo’s dren are concerned. ver Spring, Maryland. This year, Montgomery dedication to the Fire Department is also There is much more to do to stop the rise Blair had six finalists named in the Intel shown through his membership in various fire- of drug use. Congress and the Administration Science Talent Search, formerly known as the man associations. Chief Wingo has played an must work together and reduce the influence Westinghouse Science Talent Search. This active role in the following associations— of illegal drugs. I urge my colleagues to ad- group of six students is the largest number member and Past President of the Kankakee dress this issue during the 106th Congress from one high school since 1991. Valley Firemen’s Association, member of the and to implore this administration to get tough Montgomery Blair is a math, science, and Kankakee Valley Arson Task Force, member on drug use among our children. computer science magnet high school drawing of the Kankakee County 911 Board, member f students from every corner of Montgomery of the Hundred Club, member of the Illinois County, Maryland. When Blair first became a Association of Fire Chiefs, and a member of 50TH WEDDING ANNIVERSARY OF magnet school in 1986, its reputation was de- the National Fire Protection Association. Chief MR. AND MRS. JAMES MCCLOSKEY clining. The development of an outstanding Wingo also served 21 years as Building In- science and math magnet program has spector and 21 years as Health Inspector for HON. ROBERT A. BORSKI brought the school into the national spotlight. the Village of Bradley. OF PENNSYLVANIA As a former teacher, I applaud principal Phil Chief Wingo was born on April 28, 1926 in IN THE HOUSE OF REPRESENTATIVES Gainous and the teachers at Montgomery Blair Kenney, Illinois. He proudly served his country High School for inspiring six of the top finalists during World War II while in the service of the Wednesday, February 10, 1999 in the Intel Science Talent Search. The fact United States Navy from 1944 to 1946. On Mr. BORSKI. Mr. Speaker, I rise today to that six science all-stars attend the same high July 3, 1949, Chief Wingo married Jean congratulate a truly remarkable couple, Mr. school is a testament to the commitment and Vaughn who passed away in 1993. Chief and Mrs. James McCloskey. On January 9, dedication of the teachers at Montgomery Blair Wingo is the proud father of three children and 1999, they celebrated fifty years of marriage— in providing a quality education to a diversity the grandfather of six grandchildren. their Golden Anniversary. Together, this ex- of students. I know the Village of Bradley will greatly ceptional couple has served as a role model My heartiest congratulations to: Wei-Li miss Chief Wingo’s dedication, knowledge and for their family and community. I am greatly Deng, James Hansen, Grace Lin, Michael experience. It is always a great honor for me honored to pay tribute to them. Maire, David C. Moore, and Scott Safranek. to be able to proudly acknowledge outstanding James J. McCloskey grew up in Philadel- These students of the math and science mag- citizens, like Chief Wingo, who resides in my phia, PA and graduated from LaSalle Univer- net program are multi-talented and participate 11th Congressional District. sity in 1951. For many years to follow, he in a wide range of activities at Montgomery Mr. Speaker, today I recognize this gen- worked diligently for the Delaware River Port Blair and in the Montgomery County commu- tleman for his honorable career and uncom- Authority, managing contracts and insurance. nity: Wei-Li plays first violin with the Mont- mon loyalty. I urge this body to identify and He found time to actively participate in numer- gomery County Youth Orchestra; James is a recognize others in their own districts whose ous organizations dedicated to serving his drummer in a jazz band, Grace is an accom- actions have so greatly benefited and country and community. He belonged to the plished pianist and singer; Michael reads strengthened America’s communities. American Legion Post #88, Knights of Colum- French fluently; David scored a perfect com- f bus, the Malvern Retreat League, the Irish So- bined score of 1600 on his SATs; and Scott ciety, and the Association of Government Ac- enjoys martial arts, bowling, poker, poetry, phi- HONORING SYLVAN DALE RANCH countants. He was a past commander and life losophy, and listening to music. member of AMVET Post 57. Mr. McCloskey I also want to congratulate another Mont- HON. BOB SCHAFFER also involved himself in local politics by serv- gomery Blair High School magnet student. OF COLORADO ing as a Democratic Committeeperson for Sarah Iams, from Bethesda, Maryland, is a IN THE HOUSE OF REPRESENTATIVES nearly 30 years. national winner of the Siemens Award for Ad- Anne McClosley is a native Philadelphian vanced Placement (AP). This award is given Wednesday, February 10, 1999 who graduated from Mastbaum High School. to the most outstanding young science and Mr. SCHAFFER. Mr. Speaker, I rise today She shares her husband’s interest in the gov- mathematics students from around the coun- to recognize and praise the Sylvan Dale ernment and has participated in Philadelphia try. In addition to her pursuit of accelerated Ranch for obtaining a conservation easement politics for years. Mrs. McCloskey was a Con- programs in math and science, Sarah is a from the Larimer County Commissioners, stituent Service Representative for Pennsyl- member of the debate team, and a serious which will preserve a very scenic stretch of

VerDate Aug 04 2004 11:33 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR99\E10FE9.000 E10FE9 2244 EXTENSIONS OF REMARKS February 10, 1999 open space at the mouth of the Big Thompson Clubs. He has been awarded best actor for his chase of structured settlements by factoring Canyon west of Loveland, CO. Drama Club performance of ‘‘Mircle on 34th companies. I urge my colleagues to join me to The easement will prevent development on Street’’ and the ‘‘Advanced Biology Project end this abusive practice. the land, protecting it for the benefit of current Award’’ from his Science Club. Victor has also f and future users. This pro-active, public-pri- participated in two of North Carolina’s pres- vate agreement strikes a balance between tigious summer programs for academically gift- TRANSITION TO ADULTHOOD preserving open space and respecting prop- ed youth, the North Carolina Governor’s PROGRAM (TAP) ACT erty rights. I strongly support the ideas under- School and Summer Ventures in Math and lying this partnership, namely, that ranchers Science. He plans to attend North Carolina HON. BENJAMIN L. CARDIN and farmers are the best stewards of the land, State University in my Congressional District OF MARYLAND and they are crucial to preserving valuable in the fall. IN THE HOUSE OF REPRESENTATIVES open space amidst Colorado’s booming As a former Scout leader myself and a re- Wednesday, February 10, 1999 growth. It is my hope other ranches and farms cipient of the Boy Scouts’ Silver Beaver will follow Sylvan Dale’s lead and take effec- Award, I know the difference that Scouting can Mr. CARDIN. Mr. Speaker, when children tive steps to preserve their land heritage make in young lives. Scouting instills important leave their families to make it in the world, through such common-sense, forward-looking values in young men that leave a lasting im- they often do so in stages. The first step for arrangements. print and the experience gained through many is to go away to college while still de- Sylvan Dale is a well-known, family owned Scouting will continue to serve Victor well. pending on their parents for tuition and living and operated guest ranch, a viable cattle and I was honored to present Victor with his expenses. Others attempt to work imme- horse ranch, and a working farm. Susan Eagle Scout Award on January 17, 1999. I diately, but they also might rely on their family Jessup manages Sylvan Dale Ranch, founded congratulate him on this momentous achieve- for financial assistance, not to mention emo- in 1946 by her parents Maurice and Mayme ment and wish him all the best in his future tional support. However, there is one group of Jessup. Building on their commitment to pro- endeavors. young Americans that are required to become vide one of the best outdoor experiences in f completely self-sufficient on their 18th birth- Colorado, the Jessup’s vision has always day—kids aging out of foster care. The cruel STRUCTURED SETTLEMENT irony of course is that this population is per- been to sustain the natural character of the PROTECTION ACT landscape and provide an authentic Western haps the least capable of becoming fully inde- environment. Accordingly, the Jessup’s sought pendent at such a young age. These kids to shield the land from urbanization pressures HON. E. CLAY SHAW, JR. have to deal with all the traumas and difficul- which lead to the easement protecting 431 OF FLORIDA ties associated with being removed from their acres—about 15 percent of the ranch’s land. IN THE HOUSE OF REPRESENTATIVES family because of abuse, neglect or abandon- The family will continue to actively use the Wednesday, February 10, 1999 ment and then being placed in one, two, three land, including grazing horses and cattle, and Mr. SHAW. Mr. Speaker, on opening day of or more foster homes. This is hardly the most raising hay. the 106th Congress, I, along with my col- solid foundation from which to build the rest of their lives. Clearly, Sylvan Dale Ranch embodies the league Mr. STARK and a broad bipartisan Repeated studies have illustrated that a unrefined characteristics of the Colorado group of our colleagues introduced the Struc- sink-or-swim policy for children aging out of Rocky Mountain foothills and the West, as well tured Settlement Protection Act, H.R. 263. as the straightforward, no-nonsense thinking This bill would address the serious public foster care has resulted in many falling be- of the earliest pioneers. Highly visible, ex- policy concerns that are raised by transactions neath the waves of poverty and despair. A na- tremely popular, and easily accessed, the in which so-called factoring companies pur- tional study by Westat, Inc. in 1992 found less lands owned by Sylvan Dale Ranch are a tes- chase recoveries under structured settlements than half of former foster children had grad- tament to the wisdom of landowners who from injured victims. uated high school between 2.5 and 4 years know how to best protect and preserve the Recently there has been dramatic growth in after being discharged. The study also found land. these transactions in which injured victims are only half of former foster kids were working; f induced by factoring companies to sell off fu- one-quarter had spent at least one night ture structured settlement payments intended homeless; and 40% needed some kind of pub- HONORING JAMES VICTOR to cover ongoing living and medical needs in lic aid. More recent studies by the University STANCIL III exchange for a sharply-discounted lump sum of Wisconsin-Madison and the University of Il- that then may be dissipated, placing the in- linois also have illustrated the extreme difficul- HON. BOB ETHERIDGE jured victim in the very predicament the struc- ties faced by this population. The authors of OF NORTH CAROLINA tured settlement was intended to avoid. these reports and many of the state officials IN THE HOUSE OF REPRESENTATIVES As long-time supporters of structured settle- responsible for overseeing our Nation’s child welfare system have called for bold changes Wednesday, February 10, 1999 ments and the congressional policy underlying such settlements, we have grave concerns to help foster children make the transition to Mr. ETHERIDGE. Mr. Speaker, I rise today that these factoring transactions directly un- independence. For example, Peter Digre, Di- to congratulate Mr. James Victor Stancil III on dermine the policy of the structured settlement rector of the Department of Children and Fam- his achievement of the rank of Eagle Scout. tax rules. The Treasury Department shares ilies in Los Angeles, and Nicholas Scoppetta, This outstanding young man from Lillington, these concerns. Commissioner of the Administration for Chil- North Carolina is an active member of the Because the purchase of structured settle- dren’s Services in New York City, released a community and Antioch Baptist Church, as ment payments by factoring companies di- joint statement in 1998 on youth aging out of well as an exemplary student at Western rectly thwarts the congressional policy under- foster care which declared, ‘‘It becomes our Harnett High School. lying the structured settlement tax rules and responsibility as a society to provide these As a member of Troop 2, Victor displays his raises such serious concerns for structured young people, who are proven to be at a leadership ability as Patrol Leader, Troop settlements and injured victims, it is appro- heightened risk of homelessness or involve- Guide, and Junior Assistant Scout Leader. He priate to deal with these concerns in the tax ment in the criminal justice system, with the has also organized many community service context. opportunity to succeed, (including) a safe and projects, including building a picnic shelter for Accordingly, H.R. 263 would impose a sub- comfortable place to live—an opportunity to a local church. In 1995, Victor earned his stantial excise tax on the factoring company continue education—(and) access to health Order of the Arrow Award and served as the that purchases the structured settlement pay- care.’’ troop chaplain. ments from the injured victim. The excise tax I am introducing legislation today, along with Academically, Victor excels in many areas would be subject to an exception for genuine my Democratic colleagues on the Ways and of study. He is President of the Beta Honor court-approved hardship cases to protect the Means Subcommittee on Human Resources, Club and of the Future Teachers of America limited instances of true hardship. to ensure that the end of foster care does not Club, as well as a member of the Future Busi- Mr. Speaker, too many Americans have mean the beginning of poverty and hopeless- ness Leaders and Future Farmers of America been taken advantage of through the pur- ness for thousands of young Americans every

VerDate Aug 04 2004 11:33 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR99\E10FE9.000 E10FE9 February 10, 1999 EXTENSIONS OF REMARKS 2245 year. The Transition to Adulthood Program of himself and has always placed the needs of concluded trade negotiations have opened (TAP) Act would provide States with the option his constituents before his own. I myself new foreign markets for this industry, and it is of extending assistance to former foster youth served with Tillie when I was a member of the essential that our tax laws complement this up to the age of 21 as long as they are work- Colorado General Assembly and I consider trade effort. ing or enrolled in educational activities and myself fortunate to have worked with a rep- Additionally, Mr. Speaker, while this legisla- have a plan to become completely self-suffi- resentative of his caliber. tion merely provides for a permanent exten- cient. This extension of foster care assistance The number of honors and distinctions that sion of current law, the highly competitive and would provide needed resources for housing, Tillie has earned during his years of out- global nature of many of the businesses that education, health care and employment. In ad- standing service are too numerous to list, and will benefit from this legislation must contin- dition, the legislation would: provide tax credits too few to do justice to his contribution to the ually be reassessed to ensure that U.S. tax to employers who hire former foster children; state of Colorado. policy does not hamper their ability to compete allow children in foster care to save more re- Senator Bishop will be sorely missed in the in the international marketplace. One such sources for their eventual emancipation; re- halls of the Colorado Capitol, both for his wis- area to which I hope the Congress and Treas- quire a collaboration among existing housing, dom and knowledge of Colorado, but also for ury department will give further attention is the educational and employment programs to help his kind and gentle demeanor which endeared business of reinsurance. This industry is plac- foster kids; and update the formula for the cur- him to all those with whom he came in con- ing more business outside of their home coun- rent Independent Living Program. In general, tact. tries, a trend which continues and is accel- the legislation seeks to send foster children 1998 marked the end of Senator Bishop’s erating. Many of these decisions are motivated down a ramp to independent and productive tenure in elected office and the state of Colo- by a variety of business reasons and the high- lives, rather than off a cliff to destitution and rado is worse-off because of his absence. ly competitive global nature of the business welfare dependency. There are too few people in elected office itself. While some of the changes made last Some of my colleagues have said in the today who are prepared to serve in the self- year were included to close down perceived past that government programs too often take less and diligent manner of Tillman Bishop. He tax avoidance schemes, we, in turn, should the role and responsibility of families. How- is the embodiment of the citizen-legislator and not create or perpetuate a restrictive tax re- ever, I would remind them that government is a model for every official in elected office. gime that penalizes those who are doing legiti- the defacto parent for foster children and His constituents, of whom I was one, owe mate business transactions and have signifi- therefore has an obligation to do a better job him a debt of gratitude and I wish him well in cant business operations in those countries. of helping them become self-sufficient. How his well-deserved retirement. In closing, we must not allow the tax code to revert to penalizing U.S.-based companies many other parents tell their children at the f age of 18 that they are completely and utterly by allowing to occur the expiration of the tem- on their own? Of course, it is true that some INTRODUCTION OF LEGISLATION porary provision after this year and hope that foster children make a seamless transition to this legislation can be given every possible self-reliance at such a young age, but the sta- HON. JIM McCRERY consideration. tistics show that many ultimately do not. OF LOUISIANA f Mr. Speaker, less than two years ago, Con- IN THE HOUSE OF REPRESENTATIVES MINNESOTA CELEBRATES PEAR- gress passed bipartisan legislation to help pro- Wednesday, February 10, 1999 SON CANDY’S SWEET TREATS mote the adoption of children in foster care. FOR 90 YEARS However, adoption is not always possible for Mr. MCCRERY. Mr. Speaker, today I am many older foster children, and we therefore pleased to introduce on behalf of myself, Mr. HON. BRUCE F. VENTO see our TAP legislation as the next logical NEAL of Massachusetts and several of my other colleagues from the Ways and Means OF MINNESOTA step in reforming our foster care system. We IN THE HOUSE OF REPRESENTATIVES offer the bill not so much as the final work on Committee, legislation to permanently extend helping foster children, but more as the first the exception from Subpart F for active financ- Wednesday, February 10, 1999 step towards building a consensus that Con- ing income earned on overseas business. Mr. VENTO. Mr. Speaker, I submit for the gress must act on this important issue. We U.S.-based finance companies, insurance RECORD the following article from the Monday, stand ready to work with anyone who wants to companies and brokers, banks, securities January 18, 1999, edition of the Minneapolis help former foster youth achieve real inde- dealers, and other financial services firms Star Tribune which recognizes the continued pendence. should be permitted to act like other U.S. in- success of the Pearson Candy Co. I want to f dustries doing business abroad and defer U.S. extend my congratulations to the owners and tax on the earnings from the active operations employees for continuing to produce quality HONORING COLORADO STATE SEN- of their foreign subsidiaries until such earnings candies for more than 90 years. ATOR TILLMAN BISHOP UPON are returned to the U.S. parent company. This recognition is well-deserved; not only HIS RETIREMENT Without this legislation, the current law provi- for their production of delicious treats such as sion that keeps U.S. financial services industry Nut Goodies and Salted Nut Rolls, but also for HON. SCOTT McINNIS on an equal footing with foreign-based com- their commitment to the community of St. OF COLORADO petitors will expire at the end of this year. Paul, Minnesota. In such a competitive indus- IN THE HOUSE OF REPRESENTATIVES Moreover, this legislation will afford America’s try with the mega companies such as Her- financial services industry parity with other shey’s, Nestle, and Mars, and a host of for- Wednesday, February 10, 1999 segments of the U.S. economy. eign imports, it is a superb accomplishment for Mr. MCINNIS. Mr. Speaker, I’d like to take a Due to the international growth of American the Pearson Candy Company of St. Paul, Min- moment to honor an individual who for so finance and credit companies, banks and se- nesota to continue in the tradition of a great many years has exemplified the notion of pub- curities firms, and insurance companies and quality product. lic service and civic duty and an individual we brokers, this legislation is essential in securing Congratulations and best wishes to the on the western slope of Colorado will be hard the position of the U.S. financial services in- Pearson Candy Co. and their good work force, pressed to replace. dustry by making this provision a permanent that have provided the candy treats of my Senator Tillman Bishop has represented part of the law and ending the potential impair- youth yesterday, for our grandchildren today, Colorado’s 7th District in the Colorado Senate ment of these industries because of the ‘‘on- and hopefully will be doing so long into the for 28 years and before that, in the Colorado again, off-again’’ system of annual extensions new century tomorrow. General Assembly for 4 years. His years of that does not allow for fiscal certainty. [From the Minneapolis Star Tribune, Jan. 18, service rank him 5th in the state’s history for Furthermore, Mr. Speaker, we believe the 1999] continuous years of service and he is the permanent extension of this provision is par- AROUND ST. PAUL: PEARSON CANDY CO. longest serving senator from Colorado’s west- ticularly important today as the U.S. financial CELEBRATES 90 YEARS ern slope. services industry is the global leader and (By Joe Kimball) Senator Bishop, or Tillie, as he is affection- plays a pivotal role in maintaining confidence Automation handles much of the ately known, has for decades selflessly given in the international marketplace. Also, recently candymaking these days at the Pearson

VerDate Aug 04 2004 11:33 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00009 Fmt 0689 Sfmt 0634 E:\BR99\E10FE9.000 E10FE9 2246 EXTENSIONS OF REMARKS February 10, 1999 Candy Co., but workers at the W. 7th Street ‘‘We were losing a nickel a bar and every events that other journalists were reluctant to plant watch every stage to pluck out broken time I saw an order for 100 cases, it killed cover because they were less glamorous or or misshapen Nut Goodies, mints and Salted me,’’ he said. They had changed the bar’s too dangerous. He lived his life-long dream: Nut Roll. recipe and wrapper and weren’t selling ‘‘If we learned anything from George Pear- enough to make a profit. traveling the globe, informing the world. Myles. son, it’s that our recipes are great, but the ‘‘People in the plant said we’ve got to Tierney was an exceptional young man who tradition of quality is what sets us apart,’’ make the Nut Goodie the way they used to will be truly missed. said company co-owner Larry Hassler. make it and go back to the old ugly, red-and- The late George Pearson, who died in 1995, green wrapper. We did it and they were 100 f ran the company for 20 years, and is remem- percent right.’’ Now, the company sells bered as a great boss and great candymaker. enough Nut Goodies to make a tidy profit. A TRIBUTE TO THE HONORABLE The company founded by his father, P. Ed- Hassler said he has had sweet overtures DR. FREDERICA WILSON, ROLE ward Pearson, turns 90 this year. from neighboring states asking him to move. MODEL OF EXCELLENCE Pearson Candy competes in a field largely But he’s not chewing on those offers. dominated by three giants—Hershey, Mars ‘‘St. Paul has been good for us. If you take and Nestle—Hassler said. St. Paul out of the equation, I’m afraid we’d HON. CARRIE P. MEEK After some rocky years in the 1980s, Pear- lose it all,’’ he said. OF FLORIDA son Candy now thrives under new manage- He’s not entertaining buyout offers, either. ment. The company recently added the Bun ‘‘If I sold out and made a fortune, I know I’d IN THE HOUSE OF REPRESENTATIVES bar, which comes in maple, caramel and va- spend the rest of my life looking for another Wednesday, February 10, 1999 nilla. company just like Pearson Candy,’’ he said. The company has been selling mints and Mrs. MEEK of Florida. Mr. Speaker, I am Salted Nut Rolls through Wal-Mart and Tar- f pleased to have this opportunity to pay tribute get stores, and Hassler says he hopes to build to one of south Florida’s distinguished daugh- on that national recognition of the Pearson TRIBUTE TO MYLES TIERNEY brands. ters, the Honorable Dr. Frederica Wilson, a But not all of the company’s candy bar HON. JERROLD NADLER champion of poor and minority students. After brands have survived over the years: Remem- an extended period of distinguished commu- ber the Denver Sandwich? OF NEW YORK nity service in Miami, Dr. Wilson was elected It was something like a Twix bar, but a lit- IN THE HOUSE OF REPRESENTATIVES recently to the Florida House of Representa- tle ahead of its time. tives in Tallahassee. Hassler takes the credit (or blame) for kill- Wednesday, February 10, 1999 ing the famous Seven Up bar about 20 years Mr. NADLER. Mr. Speaker, I rise today to Prior to her election to the state legislature, ago. He said it took 10 workers to make the express my condolences to the family of Dr. Wilson was a member of the Miami-Dade bar, which had seven creme and flavored fill- Myles Tierney. Myles Tierney was a journalist County School Board and was principal of ings, and the company lost a dime on each with the Associated Press who was tragically Skyway Elementary School for twelve years. bar it sold. killed in a rebel attack while on assignment in Dr. Wilson earned her Bachelor’s degree in El- But the Seven Up bar had a special role in ementary Education from Fisk University, and building the W. 7th Street plant. Sierra Leone. Known as a vibrant young man ‘‘Pearson owned the name, ‘Seven Up,’ but who had a passion for traveling and jour- her M.A. degree in Supervision and Adminis- so did the 7-Up soda company, so they’d nalism, he was a true journalist in the sense tration from the University of Miami. Dr. Wilson come once a year to George Pearson and ask that he reported on news that would educate received an Honorary Doctorate of Humane to buy the name so they could legally pro- and inform the public. He was willing to put Letters from Miami’s Florida Memorial College. tect it, and then they’d lease the name back himself in harm’s way to report on a story of Dr. Wilson is the founder of the 500 Role to us. Models of Excellence Project, providing role ‘‘Well, every year George would say no. I significant value. think he got a thrill out of telling this big Mr. Tierney grew up in the SoHo area of models, training, and workshops for minority company to just go away. But finally, in the New York City. His father, a mathematics pro- boys in the county’s public school system. Dr. 1950s, they came again and offered him a fessor, and his mother, a performance artist, Wilson has introduced many initiatives to the blank check. This time, he wrote in an allowed their son to nurture his creative abili- Miami-Dade County School Board, including amount, some very, very high figure, and ties at an early age. He channeled these inter- the annual ‘‘Keep Me Safe’’ march and vigil, they said: ‘We’ve got a deal.’ when time is allocated for students and the ‘‘Those proceeds built this plant.’’ ests into journalism, and while attending Rut- gers University for a period of time he realized community to honor children lost due to un- COMPANY HISTORY he would rather pursue a career in the field he safe environments. P. Edward Pearson and four brothers start- Dr. Wilson’s inventiveness knows no bounds ed the company in Minneapolis. With the loved. Nut Goodie, invented in 1913, and the Salted Mr. Tierney’s career with the Associated when fostering safety for Florida’s students. Nut Roll, 1921, it grew to be one of the na- Press began when he was hired in 1994 to One of the initiatives which she introduced has tion’s top 20 candy manufacturers. produce news videos. In 1997, he was as- been ‘‘Drug and Alcohol Awareness Fridays.’’ When P. Edward died in 1933, his son signed to Nairobi. In Africa, he would travel And every Friday is ‘‘Say No to Drugs’’ Day in George quit college and became a partner throughout the continent covering stories in the public schools of Miami-Dade County. with his uncles. In 1951, George bought the war-ravaged countries, often putting his own In 1997, the 500 Role Models Project was Trudeau Candy Co. in St. Paul, which made cited by President Clinton and General Colin mints and the Seven Up bar. life in peril. His passion for journalism and love George became president of the company for his job allowed him to look beyond the Powell as a leading volunteer teaching model in 1959 but sold it in 1969 to International dangers before him and bring news to the for the nation at the President’s Summit for Telephone and Telegraph’s Continental Bak- people throughout the world. For Myles America’s Future in Philadelphia, Pennsyl- ing Co. Ten years later, a Chicago entre- Tierney, that was worth the risk. vania. preneur bought the company, and in 1981 Along with journalism, Mr. Tierney’s other With other Florida leaders, such as Gov- Hassler was brought in as a financial officer. passion was traveling. This made working ernor Jeb Bush, Dr. Wilson also recently par- Hassler and Judy Johnston bought the com- pany in 1985. abroad in the remotest regions of Africa that ticipated in the sixty annual 500 Role Models of Excellence Project’s Dr. Martin Luther King, KEEPING THE NUT GOODIE much more appealing to him. Some journalists Jr. Unity Scholarship Breakfast on Miami In the production area, which makes up might have avoided such a challenge, but most of the plant’s 130,000 square feet, plant Myles Tierney jumped at the opportunity. His Beach in January, 1999. manager Roger Bruce supervises two shifts friends and colleagues say that he actually While in our nation’s capital to attend a of workers who mix and blend sugar, corn liked to travel to the most inhospitable of White House function with First Lady Hillary syrup, chocolate and peanuts. About 175 peo- areas to cover a story. He cared deeply about Rodham Clinton, Dr. Wilson had the oppor- ple work for the company. his role as a journalist, and the real issues tunity also to visit the Congress on February The peanuts come from North Carolina in that affect the world around us. 3. I look forward to working with Dr. Wilson to- 2,000-pound bags. The plant uses four to eight bags a day. Myles Tierney will be remembered by his wards resolving the challenges facing our Hassler said his longtime employees saved family and friends as an individual of charm home state. Miami indeed is fortunate to have him from making a big mistake in the who had a passion for journalism. He did his such a capable and devoted public servant 1980s—dropping the Nut Goodie. best to inform others about world events— among the ranks of its community leaders.

VerDate Aug 04 2004 11:33 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR99\E10FE9.000 E10FE9 February 10, 1999 EXTENSIONS OF REMARKS 2247 WASHINGTON POST EDITORIAL ON maintain an island of free enterprise and rel- He has been an active participant in nu- HONG KONG COURT DECISION ative democracy within a Communist state merous industry activities. He is secretary/ was never going to be easy. But its success is treasurer of the UD National Dealer Council, crucial, not only to residents of Hong Kong a ‘‘grass roots lobbyist’’ for the North Caro- HON. DOUG BEREUTER but to China’s credibility in the world and to lina Automobile Dealers Assn. and serves on OF NEBRASKA those nations—such as the United States— the technical training committee of North IN THE HOUSE OF REPRESENTATIVES that pledged to stand up for Hong Kong’s Carolina Industries for Technical Education. Wednesday, February 10, 1999 freedom. In his community he’s a tireless fund-rais- Now Beijing officials are threatening that er for charitable organizations and the local Mr. BEREUTER. Mr. Speaker, this Member success. Not only Hong Kong’s liberty but its schools. Largely due to his efforts, one local would ask to submit for the RECORD an impor- prosperity as well is at stake, since local and elementary school was the first in the coun- tant editorial that appeared in the February 10, foreign companies alike will be reluctant to ty to get a computer lab and computers in 1999 Washington Post concerning China’s invest in Hong Kong if its rule of law can be each classroom. He co-founded the ‘‘Dad’s negative reaction to a recent high court deci- compromised and superseded by party Lunch Bunch,’’ a program aimed at getting apparatchiks in Beijing. The Clinton admin- fathers more involved in the schools, and is sion in Hong Kong. The Members of the Task istration should make clear that it, too, is Force on Hong Kong, created at your request spearheading a drive to update computer ‘‘closely following’’ developments. technology in a local school. of former Speaker Gingrich to observe and re- port on conditions in Hong Kong following its f f reversion to China, are closely monitoring HONORING JOHN M. ALEXANDER, HONORING THE RETIREMENT OF these developments. Indeed, the Task Force JR., FOR PUBLIC SERVICE IN ROBERT JONES submitted its most recent report to be printed THE AREA OF LEADERSHIP in the February 9, 1999 CONGRESSIONAL HON. GARY A. CONDIT RECORD. HON. BOB ETHERIDGE It is important to note that the decision by OF CALIFORNIA OF NORTH CAROLINA the Hong Kong Court of Final Appeals rightly IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES asserts that body’s right to interpret Hong Wednesday, February 10, 1999 Kong law for the people of Hong Kong. How- Wednesday, February 10, 1999 Mr. CONDIT. Mr. Speaker, I rise today to ever, very sensitive issues must still be re- Mr. ETHERIDGE. Mr. Speaker, I rise to call solved, including how to limit the number of in- the attention of the Congress to the work of honor the hard work and exemplary career of dividuals seeking permanent entry into Hong John M. Alexander, Jr. of Cardinal Inter- local industrial giant from my district in Califor- Kong and whether it is Hong Kong or Beijing national Trucks, Inc. in Raleigh, North Caro- nia’s great Central Valley. Robert Jones recently announced his retire- that makes the final determination on that lina, recipient of the ATD/Heavy Duty Trucking ment after an extraordinary career of 47 years number. Most importantly, however, this Mem- Dealer of the Year Award honoring his out- with N.I. Industries, Inc. With the exception of ber hopes that the Beijing authorities and the standing leadership within the truck industry only 7 months, Bob’s entire career, which Government of the People’s Republic of China and the community. Mr. Alexander’s accom- began in 1952, has been in manufacturing will be cognizant of the importance of pre- plishment is particularly exceptional because ammunition metal products. The last 25 years serving the principles of autonomy and the his father, John Alexander, Sr., won the of his career have been in a managerial ca- rule of law that underlie the prosperity and lib- NADA/Time Magazine Dealer of the Year pacity. Without question, Bob’s career signifi- erty of Hong Kong and its people. Award in 1968. Mr. Speaker, this Member asks to insert this John Alexander started working sorting cantly contributed to our ability to win the cold excellent editorial in the RECORD. parts in his father’s dealership when he was war. Mr. Speaker, I am very proud to take a mo- ‘‘MAKE OR BREAK’’ IN HONG KONG twelve years old. During ensuing years, he ment to reflect on Bob’s career. He has prov- In the 19 months since Hong Kong reverted worked in various departments of the family en that a young man with a willingness to to China, the worst fears have not come true. business, climbing up the company ladder. In Beijing has for the most part kept its hands 1981, he became the new President and Gen- work who takes responsibility for his actions off the former British colony as promised, al- eral Manager of Cardinal International Trucks. can succeed and achieve the American lowing Hong Kong to manage its own affairs. In addition to running his dealership, he also dream. His is a story of hard work and suc- Now the two entities may be approaching a holds the position of secretary/treasurer of the cess. crisis that determines whether Hong Kong Bob ends his career at the highest level of UD National Dealer Council and serves as a can maintain substantive independence. It is management in his company. During his most ‘‘grassroots lobbyist’’ for the North Carolina ‘‘make-or-break time,’’ the chairman of recent position as general manager of the Riv- Hong Kong’s bar association, Ronny Teng, Automobile Dealers Association. said yesterday. John Alexander, Jr. is not only active in the erbank Army Ammunition Plant, since 1988 he A decision by Hong Kong’s highest court truck industry, but he is also very active in his has implemented an ambitious, yet highly suc- triggered the confrontation. The decision os- community. When Mr. Alexander is not at cessful, environmental program which was tensibly concerned the rights of children work he can be found raising funds for recognized last year by the Department of De- born in China to at least one Hong Kong par- fense as the Nation’s leader in industrial envi- ent to settle in Hong Kong. The court said schools and local charities. His efforts helped supply Lacy Elementary School with their first ronmental remediation. they could, even if born out of wedlock. But He also implemented a highly successful Ar- the significance of the decision lay else- computer lab. He has also shown his dedica- where, in its legal reasoning. For the first tion to maintaining a strong relationship be- mament Retooling and Manufacturing program time, the court claimed for itself the author- tween fathers and schools by co-founding a to transform an idle manufacturing facility into ity to interpret Hong Kong law for Hong program called the ‘‘Dad’s Lunch Bunch,’’ inspired reuse— providing for more than a Kong. On most matters, in other words, the which also allows him time to spend with his 300-percent increase in the local work force. final word should not rest with Beijing. And His efforts have resulted in annual reductions more than that: Hong Kong laws should be daughters, Mary Carroll who is sixteen and Catherine McKnitt who is fourteen. in the operating budget by more than 50 per- interpreted above all with a deference to cent. Hong Kong autonomy and an understanding I commend Mr. Alexander for his hard work that rights and freedoms are ‘‘the essence of in both the Raleigh community and the truck Finally, Bob was instrumental in the devel- Hong Kong’s civil society.’’ The contrast to industry. I encourage my colleagues to read opment of the West Coast Deep Drawn Car- China’s arbitrary one-party dictatorship the following article announcing his important tridge Case Facility at Riverbank to help con- could not have been sharper. work and achievement: tinue to meet our Nation’s munitions needs. The decision has not sat well in Beijing. His management skills have proven that we Four ‘‘legal experts’’ were the first to ex- 1998 DEALER OF THE YEAR JOHN ALEXANDER, are indeed losing a true industrial giant. JR. press dismay. Then Zhao Qizheng, a senior Mr. Speaker, Bob reflects great credit on the Alexander’s first job in his father’s dealer- cabinet official, called the decision a mis- dedication to the many men and women at the take. Yesterday a Foreign Ministry spokes- ship was counting parts at age 12. From woman in Beijing chimed in, saying the gov- there he worked his way through virtually Riverbank Army Ammunition Plant and the en- ernment was ‘‘closely following’’ the ruling. every department—service, parts, adminis- tire 18th Congressional District. The idea of ‘‘one country, two systems’’ tration and sales—until becoming president I would like to extend my heartiest congratu- was an experiment from the start. Trying to and general manager in 1981. lations to Bob and his wife, Pat. I wish him

VerDate Aug 04 2004 11:33 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR99\E10FE9.000 E10FE9 2248 EXTENSIONS OF REMARKS February 10, 1999 health and happiness in his retirement years laboratories located on both sides of the bor- proves water quality monitoring, recordkeeping and hope he gets to enjoy the company of his der. and reporting so that the public knows which three children and grandchildren. I ask that my While the initiative envisions conducting a CAFOs are polluting. Farm SAFE addresses colleagues rise with me in honoring Robert strong cooperative program between univer- loopholes in the current regulatory program by Jones in his retirement. sities and national labs, private sector partici- requiring CAFOs to adopt procedures to elimi- f pation also will be an integral part of its activi- nate both surface and ground water pollution ties. One model for such participation is the resulting from the storage and disposal of ani- INTRODUCTION OF THE NATIONAL Business Council for Sustainable Development mal waste. The bill directs EPA, working with MATERIALS CORRIDOR PART- (BCSD). In addition to the BCSD model, spe- USDA, to develop binding limits on the NERSHIP ACT OF 1999 cial industrial outreach programs would be de- amount of animal waste that can be applied to veloped to aid industry in problem solving, es- land as fertilizer based on crop nutrient re- HON. GEORGE E. BROWN, JR. pecially related to materials limitations, envi- quirements. In addition, the bill makes the OF CALIFORNIA ronmental protection and energy efficiency. owners of animals raised at large facilities lia- IN THE HOUSE OF REPRESENTATIVES Another important element of the Materials ble on a pro rated basis for pollution caused Wednesday, February 10, 1999 Corridor proposal is the education and training by those facilities. of the next generation of researchers. Mr. BROWN of California. Mr. Speaker, Mexican institutions strongly support this ini- Water quality in California’s San Joaquin today I want to introduce the National Mate- tiative and have committed seed money to im- Valley has been degraded by unregulated dis- rials Corridor Partnership Act of 1999. I am plement the program among Mexican institu- charges of waste from dairy farms. Contami- joined by Mr. BINGAMAN who will be intro- tions. I hope that the U.S. Government will nants associated with animal waste have also ducing the same legislation in the Senate also support this proposal. To this end, I am been linked to the outbreak of Pfiesteria in today as well. introducing the ‘‘National Materials Corridor Maryland and the death of more than 100 Members of the House are aware of my Partnership Act of 1999. The bill provides, people from infection by cryptosporidium in long-standing interest in improving scientific among other things, authorization of $5 million Milwaukee. Although considered point sources and technological cooperation between the for each of fiscal year 2000 through 2004 to of pollution under the Clean Water Act, until United States and Mexico. The purpose of this fund appropriate research and development in recently little has been done at the federal or bill is to promote joint research in materials support of the Materials Corridor Partnership state levels to control water pollution from science between research institutions in the Initiative. The monies would be used to sup- CAFOs. border region. port joint programs and would leverage sup- In recent years, many family farms have The shared border region between the port from the private sector in both countries, been squeezed out by large, well capitalized United States and Mexico has become in- as well as the Government of Mexico. factory farms. Even though there are far fewer creasingly important to the economies of both I want to commend Senator BINGAMAN for livestock and poultry farms today than there countries. The border region is a center of his long-standing interest in improving sci- were twenty years ago, animal production and manufacturing, mining, metal, ceramics, plas- entific and technological cooperation between the wastes that accompany it have increased tics, cement, and petrochemical industries. the United States and Mexico. And I look for- dramatically during this period. And although Materials and materials-related industries are ward to working with him to realize the goals farm animals annually produce 130 times a significant element of the industrial base(s) of this legislation. more waste than human beings, its disposal on both sides of the border, accounting for I urge my colleagues to support this legisla- goes virtually unregulated. more than $7 billion in revenue on the Mexi- tion. I am encouraged by recent efforts by the can side alone. In addition, there are more f than 800 multinational ‘‘maquiladora’’ indus- Department of Agriculture and the Environ- tries valued at more than $1 billion in the San INTRODUCTION OF THE FARM SUS- mental Protection Agency to address pollution Diego/Tijuana and El Paso/Juarez regions. TAINABILITY AND ANIMAL from animal feedlots. Many of the solutions These materials-related industries, providing FEEDLOT ENFORCEMENT ACT proposed by these agencies, such as com- tens of thousands of jobs in both countries, prehensive nutrient management plans for are critical to the economic health of the bor- HON. GEORGE MILLER livestock operations and limiting the amount of der region. However, these same industries, in animal wastes applied to land as fertilizer are OF CALIFORNIA nearly identical to some provisions of Farm conjunction with continued population growth, IN THE HOUSE OF REPRESENTATIVES have placed severe stress on the environ- SAFE. But the Administration’s proposal does ment, natural resources and the public health Wednesday, February 10, 1999 not go far enough. It lets too many corporate of the region. Mr. GEORGE MILLER of California. Mr. livestock polluters continue to escape compli- More needs to be done to harness the sci- Speaker, today I introduced legislation to ad- ance with the Clean Water Act by setting the entific and technical resources on both sides dress the most important source of water pol- regulatory threshold too high and by not mak- of the border to address these problems. Sci- lution facing our country—polluted runoff. A ing the owners of animals raised by contract entific and technological advances in the de- major component of polluted runoff in many farmers shoulder an appropriate share of the velopment and application of materials and watersheds is surface and ground water pollu- responsibility for water pollution from these op- materials processing provide major opportuni- tion from concentrated animal feeding oper- erations. ties for significant improvements in minimizing ations (CAFOs), such as large dairies, cattle Farm SAFE is very similar to legislation that industrial wastes and pollutants. Similar oppor- feedlots, and hog and poultry farms. Under I introduced last Congress. Although hearings tunities exist to eliminate or minimize emis- current Clean Water Act regulations, CAFOs were held in the Agriculture Committee on the sions of global climate change gases and con- are supposed to have no discharge of pollut- issue of animal feedlots, the House took no taminants, to utilize recycled materials for pro- ants, but as a result of regulatory loopholes action on my legislation, nor did the House duction, and to allow for the more efficient use and lax enforcement at the state and federal take any other action to address pollution from of energy. Recognizing these opportunities, levels, CAFOs are in reality major polluters in animal feedlots. I hope that this Congress academic and research institutions in the bor- many watersheds. My bill, the Farm Sustain- does not continue to ignore this growing na- der region of both countries, together with pri- ability and Animal Feedlot Enforcement (Farm tional problem. The states are beginning to vate sector partners, recently proposed a Ma- SAFE) Act addresses these deficiencies. wake up, smell the waste lagoons, and take terials Corridor Partnership Initiative. This ini- Farm SAFE will require large livestock oper- action. But they need our help in the form of tiative proposes joint collaborative efforts by ations to do their part to reduce water pollu- uniform national standards. Much like when more than 40 institutions to develop and pro- tion. The bill will lower the size threshold for Congress stepped in the early 1970s to set mote the usage of clean eco-friendly and en- CAFOs, substantially increasing the number of uniform national standards for industrial pollu- ergy efficient sustainable materials technology facilities that will have to contain animal tion, similar standards are now needed for in the border region. Organizations involved in wastes. It will require all CAFOs to obtain and large point sources of agricultural pollution. the Material Corridor Partnerships Initiative in- abide by a National Pollution Discharge Elimi- Otherwise, the country will become a mosaic clude pre-eminent universities and national nation System (NPDES) permit. The bill im- of differing levels of environmental protection,

VerDate Aug 04 2004 11:33 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR99\E10FE9.000 E10FE9 February 10, 1999 EXTENSIONS OF REMARKS 2249 with farmers in some states, like North Caro- (individuals only) to own S corporation benefits such as group-term life insurance lina, disadvantaged by their states commend- stock. Any effectively-connected U.S. in- would become excludable from wages for able aggressive actions to curb pollution from come allocable to the nonresident alien these shareholders. However, health care would be subject to the withholding rules benefits would remain taxable to the extent factory farms. that currently apply to foreign partners in a provided for partners. This legislation will restore confidence that partnership. Subtitle C—Taxation of S Corporation we can swim and fish in our streams and riv- Subtitle B—Qualification and Eligibility Shareholders ers without getting sick. It will do much to ad- Requirements of S Corporations SEC. 120. Treatment of losses to share- dress our number one remaining water pollu- SEC. 111. Issuance of preferred stock per- holders—A loss recognized by a shareholder tion problem—polluted runoff. I hope the mitted—An S corporation would be allowed in complete liquidation of an S corporation House will join me in the effort to clean up fac- to issue either convertible or plain vanilla would be treated as a ordinary loss to the ex- tory farm pollution. preferred stock. Holders of preferred stock tent the shareholder’s adjusted basis in the S f would not be treated as shareholders; thus, corporation stock is attributable to ordinary ineligible shareholders like corporations or income that was recognized as a result of the SUBCHAPTER S REVISION ACT OF partnerships could own preferred stock inter- liquidation. Suspended passive activity 1999 ests in S corporations. A payment to owners losses from C corporation years would be al- of the preferred stock would be deemed an lowed as deductions when and to the extent expense rather than a dividend by the S cor- they would be allowed to C corporations. HON. E. CLAY SHAW, JR. poration and would be taxed as ordinary in- Subtitle D—Effective Date OF FLORIDA come to the shareholder. Subchapter S cor- SEC. 130. Effective date—Except as other- IN THE HOUSE OF REPRESENTATIVES porations would receive the same recapital- wise provided, the amendments made by this ization treatment as family-owned C cor- Wednesday, February 10, 1999 Act shall apply to taxable years beginning porations. This provision would afford S cor- after December 31, 1999. Mr. SHAW. Mr. Speaker, today over 2 mil- porations and their shareholders badly need- Mr. Speaker, I urge my fellow members to lion businesses pay taxes as S Corporations ed access to senior equity. review and support the S Corporation Revi- SEC. 112. Safe harbor expanded to include and the vast majority of these are small busi- sion Act, which will help families pass their convertible debt—An S corporation is not businesses from one generation to the next nesses. The S Corporation Revision Act of considered to have more than one class of 1999 is targeted to these small businesses by and create a level playing field for small stock if outstanding debt obligations to business. I look forward to working with my improving their access to capital, preserving shareholders meet the ‘straight debt’ safe colleagues on the Ways and Means Com- family-owned business, and lifting obsolete harbor. Currently, the safe harbor provides mittee to enact this bill. and burdensome restrictions that unneces- that straight debt cannot be convertible into sarily impede their growth. It will permit them stock. The legislation would permit a con- f to grow and compete in the next century. vertibility provision so long as that provi- sion is substantially the same as one that IN MEMORY OF REVEREND DAVID Even after the relief provided in 1996, S cor- could have been obtained by a person not re- LEE BRENT porations face substantial obstacles and limita- lated to the S corporation or S corporation tions not imposed on other forms of entities. shareholders. HON. IKE SKELTON SEC. 113. Repeal of excessive passive invest- The rules governing S corporations need to be OF MISSOURI ment income as a termination event: This modernized to bring them more on par with IN THE HOUSE OF REPRESENTATIVES partnerships and C corporations. For instance, provision would repeal the current rule that S corporations are unable to attract the senior terminates S corporation status for certain Wednesday, February 10, 1999 corporations that have both subchapter C equity capital needed for their survival and earnings and profits and that derive more Mr. SKELTON. Mr. Speaker, it is with deep growth. This bill would remove this obsolete than 25 percent of their gross receipts from sadness that I inform the House of the death prohibition and also provide that S corpora- passive sources for three consecutive years. of Reverend David Lee Brent of Jefferson tions can attract needed financing through SEC. 114. Repeal passive income capital City, Missouri. convertible debt. gain category—The legislation would retain Reverend Brent was born on June 27, 1929, Additionally, the bill helps preserve family- the rule that imposes a tax on those corpora- in Forest City, Arkansas, the son of Will B. owned businesses by counting all family mem- tions possessing excess net passive invest- and Annie Mae Foreman Brent. A 1946 grad- ment income, but, to conform to the general uate of Benton Harbor High School, he grad- bers as one shareholder for purposes of S treatment of capital gains, it would exclude corporation eligibility. Under current law, multi- capital gains from classification as passive uated form Moody Bible Institute of Chicago, generational family businesses are threatened income. Thus, such capital gains would be in 1957. He received his master’s degree and by the 75 shareholder limit which counts each subject to a maximum 20 percent rate at the a doctor of theology degree from Southern family member as one shareholder. Also, non- shareholder level in keeping with the 1997 Baptist Theological Seminary in Georgia. resident aliens would be permitted to be tax law change. Excluding capital gains also Reverend Brent served on the St. Louis shareholders under rules like those now appli- parallels their treatment under the PHC Council on Human Rights, served several cable to partnerships. The bill would eradicate rules. churches in Missouri, was co-paster of Second SEC. 115. Allowance of charitable contribu- Christian Church, Jefferson City, MO, and was other outmoded provisions, many of which tions of inventory and scientific property— were enacted in 1958. This provision would allow the same deduc- a licensed insurance agent. He was the chief The following is a detailed discussion of the tion for charitable contributions of inven- human relations officer for the Missouri De- bill’s provisions. tory and scientific property used to care for partment of Mental Health of 28 years. the ill, needy or infants for subchapter S as Reverend Brent was a leader in the commu- TITLE I—SUBCHAPTER S EXPANSION for subchapter C corporations. In addition, S nity, in his church, and in the local National Subtitle A—Eligible Shareholders of an S corporations would no longer be disqualified Association for the Advancement of Colored Corporation from making ‘qualified research contribu- People (NAACP). Two years ago, he became SEC. 101. Members of family treated as one tions’ (charitable contributions of inventory the president of the NAACP in Jefferson City. shareholder—All family members within property to educational institutions or sci- Shortly after taking the helm, he was instru- seven generations who own stock could elect entific research organizations) for use in re- to be treated as one shareholder. The elec- search or experimentation. The S corpora- mental in the formation of a city task force to tion would be made available to only one tion’s shareholders would also be permitted study racial tensions in the public schools. family per corporation, must be made with to increase the basis of their stock by the ex- Reverend Brent was the co-founder of Chris- the consent of all shareholders of the cor- cess of deductions for charitable contribu- tians United for Racial Equality and the Black poration and would remain in effect until tions over the basis of the property contrib- Ministerial Alliance. Reverend Brent was also terminated. This provision is intended to uted by the S corporation. a member of Tony Jenkins American Legion keep S corporations within families that SEC. 116. C corporation rules to apply for Post 231. might span several generations. fringe benefit purposes—The current rule I know the House will join me in extending SEC. 102. Nonresident aliens—This section that limits the ability of ‘‘more-than-two- would provide the opportunity for aliens to percent’’ S corporation shareholder-employ- heartfelt condolences to his family: his wife, invest in domestic S corporations and S cor- ees to exclude certain fringe benefits from Estella; his two sons, five daughters, one porations to operate abroad with a foreign wages would be repealed for benefits other brother, three sisters, six grandchildren, and shareholder by allowing nonresident aliens than health insurance. Under this bill, fringe three great-grandchildren.

VerDate Aug 04 2004 11:33 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR99\E10FE9.000 E10FE9 2250 EXTENSIONS OF REMARKS February 10, 1999 LAND TRANSFER FOR SAN JUAN frustration felt by our constituents, who do not urge the Congress to investigate this and COLLEGE occupy a seat in Congress, with the agency. other examples of abuses at HUD. Indeed, HUD is a disappointment. It rep- The following documentation includes letters HON. TOM UDALL resents why many Americans have lost con- from the Northeast Ohio Coalition for the OF NEW MEXICO fidence in their federal government. Homeless and Cuyahoga County Commis- Today I enter into the CONGRESSIONAL IN THE HOUSE OF REPRESENTATIVES sioners Tim McCormick, Jane L. Campbell RECORD a collection of letters and newspaper and Jimmy Dimora. Wednesday, February 10, 1999 articles that document the following situation in NORTHEAST OHIO COALITION Mr. UDALL of New Mexico. Mr. Speaker, Cuyahoga County. FOR THE HOMELESS, today I introduce legislation, which is being co- The Department of Housing and Urban De- Cleveland, OH, December 24, 1998. sponsored by my colleague from New Mexico, velopment recently refused to provide contin- Secretary ANDREW CUOMO, Department of Housing and Urban Develop- HEATHER WILSON, that will transfer a parcel of ued funding to a very worthy program for homeless men in Cleveland because of a ment, Washington, DC. federal property to San Juan College. This Dear Secretary CUOMO: As a member of the transfer will benefit the people of San Juan ‘‘technical’’ mistake. This decision has been Cleveland/Cuyahoga Continuum of Care proc- County, New Mexico—specifically the students appealed, and HUD has summarily rejected ess, we once again want to register our and faculty of San Juan College. This legisla- the appeal. strongest dissatisfaction with the federal tion creates a situation in which all benefit by Since 1995, the Salvation Army in Cleve- funding process conducted by the Depart- allowing the transfer of an unwanted federal land has operated an innovative program—the ment of Housing and Urban Development. land to an educational institution which can PASS Program—that helps homeless men by The Coalition is a collaboration of homeless use it. Mr. Speaker, this is a companion bill to providing a place for them to live (for up to 12 people, members, and advocates. We spent a months) while they put their lives back to- great deal of staff time and energy in getting a bill that has already been introduced in the the opinions and ‘‘expert’’ testimony of other chamber on January 21, 1999. The gether. The program provides counseling, job homeless people to be a part of the process. other bill was introduced by Senator DOMENICI training and transition skills. The program is We staged regular meetings with those on and is also co-sponsored by Senator BINGA- one component of an entire ‘‘continuum of the streets to develop a priority list of gaps MAN, both of New Mexico. care’’ services that are coordinated by the in the community, and then compiled that This legislation provides for the transfer by Cuyahoga County Office of Homeless Serv- information for the HUD application. The the Secretary of Agriculture and the Secretary ices. The city and the county have developed two projects that were skipped by officials in of Interior of real property and improvements an excellent system in which government offi- HUD Washington were two important cials and community organizations work to- projects for the community. at an abandoned and surplus ranger station This is the third year in a row that Cleve- for the Carson National Forest to San Juan gether to develop a comprehensive response land/Cuyahoga County has seen the prior- College. This site is located in the Carson Na- to the homeless problem in the metropolitan ities of the community disregarded by offi- tional Forest near the town of Gobernador, area. The County considers the Salvation cials in Washington and valuable resources New Mexico. The site will continue to be used Army program as their highest priority for that were intended to get homeless people for public purposes, including educational and funding. into stable housing were denied our commu- recreation purposes by San Juan College. As an innovative effort, the PASS Program nity. Again, we ask if your agency is being Mr. Speaker, the Forest Service has deter- received demonstration project funds from faithful to the Congressional mandate to re- turn control of these funds to the local com- mined that this site is of no further use be- HUD for several years. By the time they ap- plied for another year of funding—a request of munity? It is disingenuous to champion local cause the Forest Service has moved its oper- control and yet every year discard the prior- ations to a new administrative facility in $1.5 million to support their program—this par- ities of the local Continuum of Care coordi- Bloomfield, New Mexico several years ago. ticular HUD demonstration program had been nating body. We would have hoped that HUD Transferring this site to San Juan College terminated. The County and the Salvation would have gone to great lengths to fund a would protect it from further deterioration. Army realized that this had happened, and project like the Salvation Army’s PASS pro- In summary, this bill creates a situation in contacted the appropriate HUD office in Co- gram, which was deemed by the Continuum which all benefit: the federal government, the lumbus, Ohio to seek guidance. of Care committee as Cuyahoga County’s highest priority for funding of Recovery Re- State of New Mexico, the people of San Juan County staff asked HUD staff whether their program would be considered a ‘‘New’’ pro- source’s project which was our second high- County, and most importantly, the students est rated new project. and faculty of San Juan College. Since this gram or a ‘‘Renewal.’’ According to the Coun- We were unhappy with the process last legislation enjoys bipartisan support from the ty, HUD staff did not respond one way or an- year, and did not see any relief from the ap- New Mexico delegation, I look forward to other. So the applicant assumed that this peal process. This year the situation de- prompt consideration and passage of this leg- would be considered a Renewal, and com- mands your prompt attention. This year we islation. pleted the paperwork accordingly. The applica- were denied funding for a program that cur- rently exists in the community which was f tion was submitted to HUD in Washington, and became one of 2,600 projects that sought developed as the foundation for the services CLEVELAND HOMELESS PROJECT funding. to single men. You will see Cleveland/Cuya- LOSES FUNDS FROM HUD hoga County back significantly in addressing On December 23, 1998, when the President the needs of homeless men by withdrawing announced homeless grants across the coun- funding from the PASS program. The other HON. DENNIS J. KUCINICH try, Northeast Ohio received $9.4 million for a program, submitted by Recovery Resources, OF OHIO variety of HUD programs by various commu- was an attempt to provide assistance to peo- IN THE HOUSE OF REPRESENTATIVES nity-based organizations. Cleveland officials ple coming out of treatment to maintain so- were shocked to learn that the PASS Pro- briety by funding a stable living environ- Wednesday, February 10, 1999 gram—their top priority—would not be funded. ment. This is critical especially in light of Mr. KUCINICH. Mr. Speaker, I rise today to When contacted for an explanation, HUD offi- the recent report by the National Coalition expose a great injustice that has been com- for the Homeless which found homeless peo- cials explained that they could not consider ple, in many cases, leave treatment and are mitted by a federal agency against a needy the program because the applicant had com- forced to return to the streets and the drug population in the Cleveland metropolitan area. mitted a ‘‘technical error’’ and submitted the and alcohol culture. The victims of this injustice are homeless men wrong form. We once again renew our call for some who are struggling to get back on their feet When I met personally with top HUD offi- changes in the HUD Continuum of Care proc- and put their lives together. And the perpe- cials, I was told that the reason this program ess in Washington so that the local coordi- trator of this injustice is the U.S. Department was not funded was because the applicants nating body actually makes the decisions on of Housing and Urban Development (HUD). had submitted the wrong budget form. The where Federal funds are disbursed in Cuya- hoga County. We ask that the priorities of I have an increasing interest in the activities wrong budget form! Therefore, HUD could not the local community including homeless of HUD, given my experience with the agency consider the proposal and could not tell the people be respected. There needs to be com- over the past two years. I find dealing with applicant that this error had been made until munication between HUD and the applicant HUD as a Member of Congress to be a most after all of the grants had been announced. before there is a public announcement if one frustrating experience, and I must imagine the This is a great injustice, Mr. Speaker, and I of the projects that the community has

VerDate Aug 04 2004 11:33 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00014 Fmt 0689 Sfmt 0634 E:\BR99\E10FE9.000 E10FE9 February 10, 1999 EXTENSIONS OF REMARKS 2251 deemed to be a high priority is to be skipped. would talk to officials this weekend to see While city and county officials appeal the We also believe that there should be a sepa- about getting the funding. decision, Salvation Army directors will meet rate application process and deadline for re- Groups that got HUD funding in Cuyahoga over the next weeks to decide what to do. newal projects that does not overlap with County are: Transitional Housing, Inc., Federal funding ran out at the beginning of the new or expanding project’s applications $360,583; Care Alliance, $1.6 million; Volun- the month, and the shelter is counting on a so that locally, one committee can evaluate teers of America, $629,103; Continue Life, promised $133,000 from the city to stay open the impact of existing projects, and another $235,302; Family Transitional Housing, through March. entity can work on priorities for new or ex- $111,542; YMCA of Greater Cleveland’s Y- The failure to get the grant shocked Salva- panded projects. Haven 1, $244,307; Cuyahoga Metropolitan tion Army officials last month. They have You said in your press conference that the Housing Authority, $529,714; Mental Health suspended a two-year search for a larger Continuum of Care has been successful be- Services Inc., $835,026; EDEN Inc., $244,954; building in which to expand the program and cause it brings together non-profit groups, Joseph’s Home, $1.029 million; Hitchcock are scrambling to save what they have. the private sector and local and state gov- Center for Women, $764,073; Cornerstone Con- PASS is not like other shelters, where the ernment in a partnership to design local pro- nection, $150,472; Inter-Church Council of goal is to keep the homeless alive by pro- grams to help homeless people to become self Greater Cleveland, $524,194; YWCA of Cleve- viding a warm place to sleep and something sufficient. In Cleveland, we have worked land, 111,522; and East Side Catholic Shelter, to eat. tirelessly to put in place this collaboration $522,162. It is home for residents for three months and expanded it to include homeless people The funding will help Transition Housing to a year or more, as long as it takes them in the process and yet we have repeatedly with planning for treatment and shelter pro- to get their lives under control, to find jobs seen HUD discard our recommendations. We grams for the 64 women who participate at and save enough money to rent places of cannot build an effective continuum of care any given time, said director Kathleen Fant. their own. if our priorities are ignored by HUD Wash- ‘‘It’s to help these women get on their feet The residents, many of whom are chron- ington. again, and stay there,’’ she said. ically homeless, are given a range of serv- Sincerly, ‘‘This is definitely the kind of news I like ices. BRIAN P. DAVIS, to hear,’’ said Don See, executive director of Those with drug and alcohol problems are Executive Director. East Side Catholic Shelter, who like most of sent to detox centers. Counselors and tutors the others had not been notified by HUD of are brought in. The staff helps residents open its awards yesterday. savings accounts and find jobs and perma- [From the Cleveland Plain Dealer, Dec. 24, HUD Secretary Andrew Cuomo yesterday nent housing. 1998] said 460 communities submitted applications All the Salvation Army asks is that the FEDERAL FUNDING CUT FOR HOMELESS representing 2,600 programs or projects. Of men be willing to change. PROGRAM IN CUYAHOGA COUNTY those, HUD awarded 307 applications with From its start in October 1997 to Sept. 31, (By Stephen Koff) 1,400 projects. 1998, 117 men were discharged from the pro- Besides the program grants, HUD an- gram, 60 of whom were placed in permanent WASHINGTON.—President Clinton yesterday nounced grants for emergency shelter: housing, according to Salvation Army fig- announced $850 million for groups across the $300,000 for Akron, $1.08 million for Cleve- ures. Thirty-nine of the 60 were still in hous- country that help homeless people, including land, $91,000 for Lakewood and $115,000 for ing as of last October. $9.4 million for Northeast Ohio, but the pro- Cuyahoga County. gram ranked as most important by Cuya- ‘‘Those are pretty good numbers, given the hoga County was cut from federal funding. [From the Cleveland Plain Dealer, Jan. 11, population they’re working with,’’ said Bill Salvation Army’s PASS program in Cleve- 1999] Faith, executive director of the Coalition on land, which helps homeless men with shelter, Homelessness and Housing in Ohio, a Colum- LOSS OF FUNDS JEOPARDIZES SHELTER counseling, job training and transition bus-based advocacy group. (By James F. Sweeney) skills, will have to close if the Clinton ad- Some residents volunteer to help on the ministration does not change its mind, said A technical mistake in an application for food and clothing van the Salvation Army Bill Bowen, director of professional and com- federal funding could lead to the closing of a sends out nightly to homeless gathering munity services for Salvation Army of Cleveland homeless shelter. sites. Others staff donation kettles, some- Greater Cleveland. ‘‘It’s heartbreaking,’’ said Sandi times to help drive aggressive panhandlers Neither the Salvation Army nor advocates Abadinsky, spokeswoman for the U.S. De- out of a neighborhood. who sent the application for funding could partment of Housing and Urban Development Faith’s high opinion of the program was understand why PASS (which stands for in Washington. shared by a local committee that advises HUD last month rejected a Salvation Army Pickup, Assessment, Shelter and Services) HUD on which projects should be funded. of Greater Cleveland application for $1.5 mil- did not get the $1.5 million it requested. Continuing the Salvation Army program was lion to keep its PASS homeless shelter open But Sandi Abadinsky, a spokeswoman for its top recommendation. for three years. The Cleveland/Cuyahoga the U.S. Department of Housing and Urban HUD awarded a total of $9.4 million for County Office on Homeless Services, which Development, said PASS was rejected be- homeless programs in Northeast Ohio. prepared the application, asked for funding cause it previously was funded as a dem- HUD spokeswoman Abadinsky said the Of- under the wrong program, Abadinsky said. onstration, or tryout, program, getting seed fice on Homeless Services applied for re- The shelter, which houses 47 men in a money in 1995. Such programs cannot assume newal funding under a program that no building behind Salvation Army head- their funding will continue when their try- longer exists. It should have applied as a new quarters on E. 22nd St., has been praised in out is over. program for another source of funding, she its two years of operation for its innovative ‘‘They knew when they were receiving the said. approach in breaking the cycle of homeless- funding that they were receiving seed ‘‘They just didn’t do it 100 percent cor- ness. money,’’ Abadinsky said. ‘‘This program has seen me through a lot rectly, and that’s why they weren’t eligible,’’ Brian Davis, executive director of the of disturbances in my life,’’ said Clyde Abadinsky said. Northeast Ohio Coalition for the Homeless, Owens, a resident of the PASS program for HUD rules do not allow the agency to no- who helped coordinate the applications sent 16 months. ‘‘If they want to shut this down, tify applicants of mistakes in their applica- by Cuyahoga County, said PASS should have I feel sorry for the next man.’’ tions, she said. qualified under HUD’s Continuum of Care PASS stands for Pickup, Assessment, Shel- Though the Salvation Army must wait a grants. ter and Services. year before applying for more funding, it They reward efforts to stabilize the lives of Local officials expressed surprise and could look for money from $1.2 million in homeless people through assessment, coun- anger that a technicality could endanger the emergency shelter funding awarded by HUD seling, training and transition into housing. shelter. to the city and county, Abadinsky said. Despite HUD’s insistence otherwise, Davis The Office on Homeless Services should Davis, of the Northeast Ohio Coalition for said homeless advocates understood from have been given the chance to correct the the Homeless, said shifting those funds HUD that continuing projects like PASS mistake, said Brian P. Davis, executive di- would hurt other homeless programs. could still get money by applying under Con- rector of the Northeast Ohio Coalition for ‘‘If we were to take funding from another tinuum of Care. the Homeless. source from HUD, that would close another The $1.5 million in the application rep- ‘‘We’ll keep working on it,’’ said William shelter,’’ he said. ‘‘Do you want to take resented PASS’ entire budget, Bowen said. V. Bowen Jr., director of professional and money from the domestic violence shelters ‘‘We’ll probably have to close the program’’ community services for the Salvation Army. and keep open PASS?’’ without the grant, he said. ‘‘But I’d rather ‘‘We’ll appeal.’’ County commissioners said they are deter- not be gloom and doom about that.’’ Ruth Gillett, director of the homeless serv- mined to save the program. Cuyahoga County homeless advocates plan ices office, could not be reached for comment ‘‘It appears to me we have heard a bureau- to appeal the rejection, and Bowen said he late Friday. cratic reaction rather than a compassionate

VerDate Aug 04 2004 11:33 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00015 Fmt 0689 Sfmt 0634 E:\BR99\E10FE9.000 E10FE9 2252 EXTENSIONS OF REMARKS February 10, 1999 reaction,’’ said Commissioner Jane Camp- Continuum of Care strategy for addressing a request for a response. When a response bell. ‘‘This is a time when we need a creative the needs of the chronically homeless male was not received, staff assumed that either response from HUD.’’ population. Mayor White went on to ask if the proposed format was acceptable, or that She and Commissioner Timothy McCor- the upcoming Super NOFA (Notice of Fund if it was not exactly correct, it could be cor- mack said they would look for other funding Availability) would offer an opportunity for rected during the Technical Submission if HUD does not change its mind. continued HUD support for the PASS Pro- process. ‘‘It is of the utmost importance to me,’’ gram. In the course of developing this appeal, it McCormack said. Secretary Cuomo’s response, quoted here- has been suggested that HUD staff are pro- Commissioners have sent a letter to HUD in, was ‘‘. . . unfortunately there are no hibited from providing technical assistance Secretary Andrew Cuomo asking him to re- IHDP funds available to renew your project. to applicants once the Notice of Fund Avail- consider and fund PASS. However, two other sources are possibilities ability (NOFA) has been published. Clearly, City officials, who have lobbied for HUD for funds. First, the Supportive Housing pro- HUD cannot write applications for agencies. funding for the program, did not return gram (SHP) could be a source of funds. . . .’’ However, advising that an incorrect form is phone calls. Later in the same paragraph, Secretary being utilized would seem to fall into a cat- Palmer Mack, 55, joined PASS in mid-Oc- Cuomo states, ‘‘While SHP grants are com- egory of ‘‘general information’’. Moreover, tober after losing his apartment and his job. monly for new activities, funds can also re- there has been a practice by the HUD Colum- Heart disease keeps him attached to an oxy- place the loss of nonrenewable funding from bus staff to assist applicants in clarifying ap- gen tank, the tubes running under his nose private, federal, or other sources not under plication related questions. and over his ears. the control of State or local government.’’ Mack said the program had saved his life. The letter does not direct the community It has been the experience of this commu- Shutting the shelter would be a tragedy, he to apply as a New project. Local interpreta- nity that HUD staff are dedicated profes- said. tion of the information was that while the sionals, who see their role as facilitating ‘‘This is really like the Rolls-Royce of this PASS Program could not be renewed community planning efforts. Regardless of kind of program,’’ he said. through IHDP funds, eligible program activi- the outcome of this appeal, we will continue ties could be renewed through the Sup- to build a partnership with HUD to promote CUYAHOGA COUNTY OF OHIO, this objective. January 21, 1999. portive Housing Program. Given staff aware- ness of the prohibition against submitting We look forward to hearing from you at Re Appeal of 1998 Supportive Housing Pro- existing projects for New funding through your earliest convenience. gram Decision. the SHP, that a Renewal was being sug- Sincerely, FRED KARNAS, gested is the only interpretation staff would TIM MCCORMACK, President, Assistant Secretary, Department of Housing & have made. Unless the letter had stated JANE L. CAMPBELL, Urban Development, Washington, DC. clearly that the project should be submitted JIMMY DIMORA, DEAR MR. KARNAS: Thank you for your as NEW, staff would not have pursued that Cuyahoga County Board of Commissioners. communication with us as well as that of approach. At no time was the community others who have contacted you on behalf of ever informed by the Columbus HUD Office Cleveland’s homeless population. We write that our approach was incorrect. f this to respectfully and in a formal manner The Office of Homeless Services has pre- on appeal HUD’s rejection of the Number pared the application from Cleveland/Cuya- WHAT AETNA ISN’T TELLING YOU One ranked project in Cuyahoga County, hoga County every year since 1994. In 1998, ABOUT THE GOODRICH CASE Ohio 1998 Supportive Housing Program (SHP) the final application included 18 projects. application. The process to develop and complete the ap- Cuyahoga County, Ohio is the Applicant plication included: establishing a representa- HON. FORTNEY PETE STARK for this project, the Salvation Army of tive, Ad Hoc committee to oversee the appli- Greater Cleveland is the Project Sponsor and cation process, holding community meetings OF CALIFORNIA the name of the Project is the PASS Pro- to identify and rank gaps in services, a com- IN THE HOUSE OF REPRESENTATIVES gram (Pick-up, Assessment, Services, and munity review and ranking, of the existing Transitional Shelter). Our staff consulted projects which were seeking renewal, pro- Wednesday, February 10, 1999 with your Columbus, Ohio office in preparing viding technical assistance to agencies sub- the 1999 application. We forwarded the appli- mitting renewal or new projects, review and Mr. STARK. Mr. Speaker, in recent weeks, cation based on this guidance and on com- ranking of all new projects, final assembly Aetna has sent Members’ offices criticisms of munication between Secretary Andrew and submission of the application. a recent California court case in which a jury Cuomo and Mayor Michael White. We were Because the County is the Applicant for has awarded $120 million to a widow for the surprised to learn of this vital project’s re- the PASS Project, there was further, direct economic loss and pain and suffering caused communication with the Columbus HUD Of- jection based on a technicality. We now want by the Aetna HMO’s treatment of her hus- to work with you to resolve this problem. fice concerning filling out Sections of Ex- We have been advised by staff of your of- hibit 2. Again, let us be clear that the Coun- band, David Goodrich. Aetna is saying the fice, that the Project was rejected for the ty was proceeding with the Exhibit as a RE- facts do not support—and argue against—al- following reason: ‘‘The Project was sub- NEWAL. Section D. of Exhibit 2 asks that lowing HMO members to sue their HMO. mitted under the wrong component of the the applicant indicate the Program Compo- Ex parte communications about a lawsuit— application. Specifically, it was submitted as nent. Cuyahoga County checked the Renewal and Aetna says it is appealing—are always a RENEWAL Project, as opposed to a NEW box. Section E follows with the parenthetical Project.’’ note ‘‘. . . To be completed for new projects questionable. The basis of this appeal rests on the argu- only’’. As a Renewal applicant, the County Aetna, of course, has a ton of money to ment that our staff preparing the application followed this directive and went on to the lobby Congress. The Goodrich family has no sought technical assistance from HUD Co- next applicable Section. Washington lobbyist. Therefore, I asked the lumbus staff, and were not advised that they While filling out Section J. the Renewal Goodrich attorney to comment on Aetna’s were applying under the wrong component. Budget, staff called the Columbus HUD Of- Cuyahoga County staff, through the Cleve- fice for assistance. The original IHDP awards mailing to us. land/Cuyahoga County Office of Homeless were not broken out according to the SHP Guess what? There is another side to the Services (OHS), work closely with City of budget categories of Supportive Services/Op- story. Cleveland, Community Development staff to erating/etc. Staff specifically asked for direc- develop and coordinate a coherent Con- tion in formatting the IHDP budget onto the Following is a side-by-side prepared by the tinuum of Care strategy for homeless serv- Renewal Budget Form. HUD staff indicated plaintiffs. Also, I am including in the RECORD ices in the community. The OHS is adminis- that they didn’t know how to do this. They a press release from California’s Consumers tratively housed within the County govern- never indicated that the wrong Budget Form for Quality Care, which makes the excellent mental structure, however, the City of Cleve- was being used. point that the CEO of Aetna, who loves to land shares the operating costs of the Office. Without an immediate response from HUD write long editorials about quality, has thrown In the Spring of 1998, Mayor Michael White as to the ‘‘right’’ way to do something, and a temper tantrum, blaming the ‘‘not intelligent wrote to Secretary Cuomo stating that the with the application deadline approaching, community understood that Innovative staff formatted the information according to enough’’ jurors. It would be far better for him Homeless Demonstration Program (IHDP) the understanding staff has as to HUD’s defi- to look within to the quality of his operations. projects were not eligible for renewal from nitions of what constitutes Supportive Serv- Is this really the kind of CEO we would want that source. Mayor White’s letter explained ices and Operating costs. This information as head of the nation’s largest health insur- the importance of the PASS project to the was faxed to the HUD Columbus Office with ance company?

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AETNA MISLED CONGRESS ABOUT FACTS OF nonpartisan organization dedicated to ad- helm of Aetna and company policy continues GOODRICH CASE: INVESTIGATIONS, WITH- vancing and protecting the interests of con- to be indifference to its dying patients and DRAWAL OF FEDERAL CONTRACTS CALLED sumers and taxpayers. to juries that condemn such policies. FOR We urge you to remove Mr. Huber as a sig- nal that pro-patient reforms at Aetna will be BOARD OF AETNA ALSO ASKED TO FIRE C.E.O. THE FOUNDATION FOR TAXPAYER forthcoming and that no other family will HUBER OVER REMARKS AND CONSUMER RIGHTS, have to endure what the Goodrich family Consumers For Quality Care, the national Santa Monica, CA, February 9, 1999. has. health care watchdog group, today called THE TRUE TRAVESTY OF JUSTICE, Sincerely, upon Congress to convene hearings and sus- AETNA INC., JAMIE COURT. pend Aetna’s government contracts over the Hartford, CT. HMO’s attempts to mislead Congress about DEAR MEMBERS OF THE BOARD OF DIREC- the facts of the landmark Goodrich vs. Aetna TORS: The origin of change is regret. We have THE FOUNDATION FOR TAXPAYER case in order to prevent HMO reform. been astounded at your Chief Executive Offi- AND CONSUMER RIGHTS, Aetna recently sent a statement to Con- cer’s lack of remorse over the handling of Santa Monica, CA, February 9, 1999. gress distorting the facts of the case, in David Goodrich’s care and ask you to act im- AETNA HAS MISLEAD CONGRESS & THE PUBLIC which a San Bernardino jury issued a $120 mediately to remove him. DEAR MEMBER OF CONGRESS: Attempting to million rebuke of the HMO’s conduct toward As you may know, Goodrich, a district at- stymie HMO reform, Aetna, the nation’s District Attorney David Goodrich. Goodrich torney who risked his life by prosecuting largest HMO, has misled you in a recent died of stomach cancer after a two and one gang violence, died of stomach cancer after a communique defending its treatment of can- half year ordeal trying to get Aetna to ap- two and one-half year ordeal trying to get cer patient David Goodrich. The San prove cancer treatment recommended by his Aetna to approve cancer treatment rec- Bernardino County district attorney died Aetna doctors. ommended by his Aetna doctors. A San after a two and one half year ordeal trying to In a letter to members of the United States Bernardino County jury issued a $120 million get Aetna to approve cancer treatment rec- House of Representatives and Senate today, rebuke of your company’s handling of ommended by his Aetna doctors. Goodrich Consumers For Quality Care urged action Goodrich’s treatment. died believing he had left his wife with against Aetna because ‘‘Aetna’s conduct Unfortunately, your C.E.O., Richard Huber, $750,000 in medical bills. A San Bernardino . . . shows a contempt both for the Court, responded to the verdict without remorse: County jury awarded $120 million in the the American justice system and for Con- ‘‘This is a travesty of justice. You had a case—including $116 million in punitive dam- gress.’’ A point-by-point refutation of skillful ambulance-chasing lawyer, a politi- ages for malice and oppression—to the Aetna’s statement to Congress about the cally motivated judge and a weeping widow.’’ widow. case, based on the court record, was also re- (The Hartford Courant, January 22, 1999) Attached is a detailed refutation, based on leased. (Available upon request) Does Mr. Huber really deny the right of a court records, of Aetna’s false and mis- ‘‘We intend to make a federal case out of widow to weep for her husband? leading statements to you. We urge you to Aetna’s misrepresentations and remorseless Later, a Los Angeles Times columnist re- immediately convene hearings regarding defiance of the civil jury and their author- ported, ‘‘he [Huber] expanded his complaints, Aetna’s conduct in this matter, which shows ity,’’ said Jamie Court, director of Con- telling me that juries are customarily not a clear contempt both for the Court, the sumers For Quality Care, a health care intelligent enough to consider complicated American justice system and for Congress. project of the Foundation for Taxpayer and contractual issues and that this one in par- As you know, 125 million Americans with Consumer Rights. ‘‘It should be federal case ticular was too ill-informed, as a result of private sector, employer-paid health care when the nation’s largest HMO misleads the judge’s evidentiary rulings, to render a cannot sue their HMOs for damages due to Congress and thumbs its nose at the civil sound verdict.’’ (Kenneth Reich, ‘‘Verdict the Employee Retirement Income Security justice system. Aetna’s defiance of civil soci- Against Aetna Is An Omen Of Clash Over Act of 1974 or ERISA. Aetna’s remorseless ety’s dictates should bolster the case for giv- HMOs,’’ Los Angeles Times, Thursday, Janu- conduct bolsters the case for reforming ing to all patients the right to sue that Mrs. ary 28, 1999, p. B5.) ERISA and allowing all patients the same Goodrich has.’’ Is Aetna really this contemptful of the right to sue that government workers, like The Goodrich case exposed the disparity in civil justice system and its ethic of responsi- the Goodrich family, now have. Aetna has federal law between government workers, bility, or are these Mr. Huber’s own views? yet to accept the message that the Goodrich like the Goodrich family, who can sue their We had hoped that $116 million in punitive jury sent—that it must respond more quick- HMO and private sector workers, who are damages might be enough to cause Aetna to ly to its patients and defer to its doctors’ prevented from suing for damages unless reconsider how it deals with patients like recommendations. Civil remedies for all pa- Congress changes the Employee Retirement David Goodrich. The message from the jury tients are clearly needed to force Aetna to Income Security Act of 1974 or ERISA. was that Aetna must do better. But Mr. Huber’s remarks suggests that in the future behave more responsibly. HUBER SHOULD BE FIRED Aetna’s patients will get no better treatment In his remarks in the Hartford Courant, Consumers For Quality Care also wrote at Aetna than David did. Aetna’s C.E.O. Richard Huber responded to Aetna’s Board of Directors asking it to fire The Goodrich jury felt that Aetna did not the verdict: ‘‘This is a travesty of justice. Chief Executive Officer Richard Huber over respond quickly when a patient’s life hung in You had a skillful ambulance-chasing law- his remarks attacking Goodrich’s widow. the balance and that Aetna ignored its own yer, a politically motivated judge and a Huber responded in the Hartford Court to doctors’ recommendations for Mr. Goodrich’s weeping widow.’’ In fact, the judge was a the verdict. ‘‘This is a travesty of justice. care. In one instance, it took Aetna four former insurance defense attorney. Aetna’s You had a skillful ambulance-chasing law- months to approve high-dose chemotherapy own lawyers’ questioning caused Mrs. Good- yer, a politically motivated judge and a and Goodrich could no longer benefit. Com- rich to cry on the stand. The family’s attor- weeping widow.’’ Later, a Los Angeles Times pany and industry standards claim a 24 to 48 ney was also a long-time friend of Mr. Good- columnist reported, ‘‘he [Huber] expanded hour turn-around time. rich who only took the case at the behest of his complaints, telling me that juries are Is this the appropriate standard of care at the head San Bernardino District Attorney, customarily not intelligent enough to con- Aetna? who himself could not compel Aetna to pay sider complicated contractual issues and When it was clear Mr. Goodrich could wait for Goodrich’s treatment. that this one in particular was too ill-in- no longer, Goodrich’s doctors ultimately Later, a Los Angeles Times columnist re- formed, as a result of the judge’s evidentiary acted without approval. The public servant ported, ‘‘he [Huber] expanded his complaints, rulings, to render a sound verdict.’’ died believing he had left his wife with telling me that juries are customarily not ‘‘We have been astounded at your Chief Ex- $750,000 in medical bills. While Aetna intelligent enough to consider complicated ecutive Officer’s lack of remorse over the claimed, in a letter to Congress, that the contractual issues and that this one in par- handling of David Goodrich’s care and ask treatment was paid for by ‘‘another insur- ticular was too ill-formed, as a result of the you to act immediately to remove him,’’ ance company,’’ in fact the taxpayers picked judge’s evidentiary rulings, to render a wrote Court. ‘‘If Aetna is dedicated to mak- up the bill. Mrs. Goodrich was a Yucaipa sound verdict.’’ ing things better for patients, Mr. Huber school teacher and the school district paid Aetna’s lack of remorse and the unwilling- does not belong as your C.E.O. The true trav- $500,000 of David’s bills, only under the ness to accept responsibility in this case is a esty of justice would be if Mr. Huber remains threat of litigation and with the under- symptom of the company’s larger defiance of at the helm of Aetna and company policy standing the cost would be repaid out of any civil society’s mandates. Such a company continues to be indifference to its dying pa- Aetna verdict. should not be entitled to federal contracts. tients and to juries that condemn such poli- If Aetna is dedicated to making things bet- We urge you to investigate Aetna’s handling cies.’’ ter for its patients, Mr. Huber does not be- of this matter and are ready to assist. The Foundation for Taxpayer and Con- long as your C.E.O. The true travesty of jus- Sincerely, sumer Rights is a tax-exempt, nonprofit, tice would be if Mr. Huber remains at the JAMIE COURT.

VerDate Aug 04 2004 11:33 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00017 Fmt 0689 Sfmt 0634 E:\BR99\E10FE9.000 E10FE9 2254 EXTENSIONS OF REMARKS February 10, 1999 THE GOODRICH CASE: THE TRUE FACTS THAT AETNA DIDN’T TELL YOU 1

Aetna’s false and misleading statement: The truth (court records show):

The statements attributed to the plaintiff’s attorney in press coverage give an incorrect impression of the facts in the The facts given by the plaintiff’s attorney in the press coverage were the same facts that the jury heard, the same Goodrich case. The pertinent facts are. facts that the judge—who was formerly a partner in an insurance defense firm—allowed the jury to hear after repeated consideration of Aetna’s motions regarding the evidence, and the same facts that led the jury to believe that Aetna would not listen unless the punitive damages imposed on it were sufficiently high. In June 1992, Mr. Goodrich sought emergency medical treatment after collapsing at work. He was admitted to the Aetna’s statement that it ‘‘paid the bills’’ for David’s emergency treatment despite the fact that ‘‘the hospital was hospital and treated. Although the hospital was not in his Aetna HMO network, Aetna paid the bills due to the not in his Aetna HMO network’’ is a clumsy attempt to make it sound as though Aetna was doing David a favor emergency nature of the treatment. by paying for his emergency care and, to that extent, is patently misleading: Under both federal and California law, Aetna was required to pay for all emergency treatment received by a member, including David, whether the treatment was provided at a network facility or not. And, notably, Aetna did not approve that payment until September 4, 1992—three months after the charges were incurred. Mr. Goodrich’s primary care physician, Dr. Richard Brown, referred him to a specialist, Dr. Joseph Dotan, who per- Again, Aetna’s statement implies that it did David a favor by paying for Dr. Dotan’s surgery bills. In fact, Dr. Dotan formed surgery on June 25, 1992 to remove a mass from Mr. Goodrich’s stomach. This procedure was covered by was an in-plan, network provider under contract to Aetna. Aetna was required under Aetna’s contract with Aetna. A biopsy revealed Mr. Goodrich had a rare form of stomach cancer. Primecare Medical Group of Redlands, the medical group David was assigned to to pay for that treatment. On July 28, Dr. Dotan referred Mr. Goodrich to an out-of-network hospital, City of Hope, for a consultation regarding There are many problems with Aetna’s statement on this issue: his cancer. Aetna approved the out-of-network referral, and Mr. Goodrich scheduled an appointment at City of Hope Dr. Dotan, David’s in-plan surgical oncologist told David and his wife, Teresa, that David’s form of cancer was very for Sept. 3, 1992. rare and he did not have ‘‘vast experience’’ with it. Dr. Dotan submitted David’s case to the Redlands Community Hospital Tumor Board, the Chairman of which was also an Aetna in-plan oncologist. The Chairman of the Tumor Board also concurred that David’s cancer was very rare and expressed the opinion that there was not a single doctor in the Redlands medical community who was qualified to treat it. Dr. Dotan and the Tumor Board recommended that David be sent to City of Hope for consultation about how to treat the tumor. But Dr. Dotan could not simply authorize David’s referral to City of Hope. Instead he was required to obtain authorization for the referral from Aetna, through the medical group, Primecare. To that end, on July 28, 1992, Dr. Dotan requested a referral for David to see a doctor at the City of Hope. The referral for a consultation was approved on August 5, 1992. David was not told that the consultation had been approved until August 11. At this point, David was more than two months post-collapse and nearly one month post-diagnosis. On Sept. 3 at City of Hope, Dr. James Raschko met with Mr. Goodrich and told him he might be a candidate for a Dr. Raschko did not tell David that he ‘‘might be a candidate’’ for a bone marrow transplant. As reflected in Dr. treatment program combining highdose chemotherapy with a bone marrow transplant that, for his condition, was Raschko’s medical records, Dr. Raschko considered David a ‘‘perfect candidate’’ for the proposed treatment. considered experimental. City of Hope scheduled him to be evaluated on Oct. 2, with the first stages of the bone Whether the bone marrow transplant was considered ‘‘experimental’’ or not is irrelevant. Under California law, every marrow transplant procedure to begin on Oct. 28. HMO is required to issue an ‘‘Evidence of Coverage and Disclosure Form’’ to each of its members. The ‘‘EOC,’’ as it is commonly called, is required to set forth all the benefits provided and must disclose all of the exclusions from coverage and limitations on coverage. Aetna’s EOC did not contain an exclusion for experimental procedures. Thus, even if the treatment were considered ‘‘experimental,’’ Aetna was required to cover it. If Aetna, Primecare and the plan doctors had sent David to City of Hope earlier, he obviously would have been able to begin the treatment process before the cancer metasticized. On Oct. 6, 1992, Dr. Raschko informed Mr. Goodrich that a CT scan performed on October 2 showed he was not a Aetna did not ‘‘first’’ receive the request for the bone marrow transplant on October 8. Under its contract with candidate for the proposed treatment as his cancer had metastasized to his liver. By the time Aetna received the Aetna, Primecare was obligated to process treatment requests and was therefore Aetna’s agent for that purpose. request for experimental treatment two days later, on Oct. 8, the request for coverage was moot because plans for Primecare—and thus Aetna—first received the request for authorization of the treatment no later than September the treatment had been canceled. Dr. Raschko testified that no time delay had any negative effect on Mr. 29. At that point, David’s request for treatment was forced through a nightmarish consideration process that Goodrich’s ability to qualify for the high-dose chemotherapy. Unfortunately, at no time did Mr. Goodrich ever be- would be subsequently repeated later with regard to other treatment requests: come a candidate for this treatment. David’s primary care physician (‘‘PCP’’) had to refer David to an in-plan oncologist for assessment of whether the treatment was appropriate. The in-plan oncologist supported the use of the bone marrow transplant for David’s condition, believed that it made ‘‘good therapeutic sense,’’ noted that there was no ‘‘standard’’ therapy available and that bone marrow trans- plants had been utilized for years and were not experimental. The in-plan oncologist had to refer David back to the PCP. The PCP then had to submit an authorization request to Primecare. Primecare’s utilization review nurse was not authorized to approve treatment at an out-of-plan facility and so had to refer the treatment request to Primecare’s medical director. Primecare’s medical director also was not authorized to approve this treatment at an out-of-plan facility and so was required to refer the request to Aetna’s local medical director. Aetna’s local medical director was uncertain about approving the treatment request and referred the request to Aetna’s home-office medical director in Hartford, Connecticut. Aetna’s home-office medical director considered the procedure ‘‘experimental’’—even though there was no experi- mental exclusion in David’s plan and even though the in-plan oncologist did not consider it experimental. Under Aetna’s own internal policies, the home-office medical director was required to send any treatment requests to Aetna’s home-office Technology Assessment Department before denying a treatment request on the basis that it was experimental. The treatment request was, therefore, sent to the Technology Assessment Department. The head of Aetna’s home-office Technology Assessment Department reviewed the request and, because of his un- certainty as to whether the treatment would provide a medical benefit to David, referred it to the Technology De- partment’s consultant. The consultant opined that the treatment was experimental and not covered—even though there was no experi- mental exclusion in the EOC. The head of the Technology Assessment Department then sent the treatment request to an outside medical consult- ant group, Medical Care Ombudsman Program (‘‘MCOP’’). The MCOP then sent the treatment request to three oncology consultants for review. The three oncology consultants concluded that the treatment was experimental and sent their recommendation that it not be approved to MCOP. MCOP sent its recommendation that the treatment be denied to Aetna’s Technology Assessment Department. The Technology Assessment Department issued a memorandum that it would deny the treatment as being experi- mental, and then requested that the coverage language of the plan be provided. The Technology Assessment Department sent its denial of the treatment to the Aetna home office medical director. The home office medical director sent the denial to the Aetna local medical director. The local Aetna medical director sent the denial to the Primecare medical director. The Primecare medical director sent the denial to the Primecare utilization review nurse. The Primecare utilization review nurse sent the denial to David Goodrich—on November 18, 1992. This was two and one-half months after David’s original consultation at the City of Hope, nearly a month after he was to have started the bone-marrow transplant procedure, and four months after his diagnosis. The denial was based on the fact that the treatment was deemed ‘‘experimental’’—even though there was no exclu- sion in the plan precluding coverage for experimental treatments. During this entire period of time, Aetna/Primecare’s own standards required a 48-hour turn-around time for these determinations, as did the National Commission for Quality Assurance (NCQA). Nevertheless, Aetna went forward with the original request and had it reviewed by independent medical experts se- It is nonsensical for Aetna to say that despite the fact that David’s cancer had metastasized and he could no longer lected by Grace Powers Monaco, a well-known patient advocate. They found that there was no hope of the experi- qualify for City of Hope’s bone marrow transplantation protocol, it decided to ‘‘nevertheless’’ go forward with the mental procedure benefiting Mr. Goodrich. original request for treatment. As evidenced by the above outline of the process, the process had been started be- fore the metastasis was discovered and the cumbersome and snail-like procedure merely lumbered its way along its pre-determined path. Aetna’s communications with its own doctors were simply so lacking that it did not know that the proposed treatment was no longer viable. Between October 1992 and January 1993, Mr. Goodrich chose to pursue conventional chemotherapy treatment with It is false to say that David simply ‘‘chose’’ to pursue standard chemotherapy to treat his metastatic cancer. In City of Hope—the out-of-network facility—without authorization. City of Hope never charged Mr. Goodrich for this fact, Aetna broke its specific promises to David by failing to discover any other potential treatments for him. treatment. The same courses of treatment were approved by Aetna for coverage at in-network facilities, but Mr. In its marketing materials and in its EOC, Aetna specifically promised David, as well as other plan members, that it Goodrich declined to avail himself of that treatment. was dedicated to keeping David healthy, and helping to cure him when he got sick; Aetna promised ‘‘to do more;’’ it promised that it would provide David with ‘‘comprehensive health services’’ ‘‘designed with [his] per- sonal health in mind;’’ that Aetna and its physicians would ‘‘coordinate all necessary medical services.... ‘‘that they would be ‘‘directing and arranging [his] health care services;’’ that they would ‘‘coordinate all [his] health care needs.’’ Even more significantly, Aetna represented to its members in the EOC that the ‘‘Primary Care Physician listed on each member’s card has accepted the responsibility for that member’s health care.’’ Similarly, in defining ‘‘Primary Physician,’’ the disclosure form states that the Primary Physician ‘‘has overall charge of medical rendered to Members . . . and . . . directs the majority of health care services provided to such Mem- bers.’’ Although there was another option for treating David’s liver metastasis—cryoablation (freezing) of the liver le- sions—neither Aetna nor its doctors ever did anything to find out about that, or any other, alternative. Despite its promises, Aetna did not ‘‘direct and arrange’’ David’s care or ‘‘coordinate’’ his health care needs. Aetna abdi- cated its responsibility for David’s care.

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Aetna’s false and misleading statement: The truth (court records show):

David’s treating doctor, Leland Foshag, M.D., who is a nationally renowned specialist in treating cancers that have metastasized to the liver and who eventually performed the cryoablation surgery on David, testified that if David had received the cryoablation surgery six to nine months sooner, David would have lived 15 to 20 months longer than he did. But Aetna stripped him of that chance by not even bothering to find out how to treat David’s condi- tion. Aetna’s own in-plan oncologist recommended that David receive the standard chemotherapy treatment at City of Hope—in order to assure the continuity of David’s care. And under California law, Aetna was required to do just that. But Aetna ignored its own doctor’s recommendation and ignored its duty to assure that David had continuity of care and, instead, refused to authorize or pay for that treatment. Since City of Hope—charitably—provided the treatment to David and did not charge David for the treatment, Aetna insisted that the cost of that treatment not be included as any part of the damages in the lawsuit. Thus, the City of Hope could not be reimbursed for the services it provided to David and its good deed was punished by Aetna—and Aetna escaped payment for treatment it actually owed under its contract. On August 5, 1993, Mr. Goodrich consulted with his primary care physician, Dr. Wang, regarding an experimental pro- Cryoablation was not an experimental treatment, even in 1993. cedure called cryosurgery. Dr. Wang referred Mr. Goodrich to an in-plan oncologist, Dr. Jack Schwartz, who rec- The request for the cryoablation had to go through the nightmarish approval process and took months to do so. ommended approval for the procedure at an out-of-network facility, St. John’s Hospital, with Dr. Leland Foshag. A ‘‘Mr. Goodrich’s other insurance company’’ was a self-funded benefit plan operated by his wife’s employer—the request for approval also was sent to Mr. Goodrich’s other insurance company, which indicated it would pay for the Yucaipa-Calimesa Unified School District, under which he was covered as his wife’s dependent. In other words, procedure. Mr. Goodrich underwent the cryosurgery at St. John’s on Sept. 21, 1993. Aetna again had this request the taxpayer’s program. But Aetna was the primary insurer and whether the school district would be willing to for experimental treatment reviewed by independent medical experts selected by Grace Powers Monaco. This time, cover the procedure was totally irrelevant to Aetna’s duty to provide coverage to David in the first instance. one specialist thought the cryosurgery might help Mr. Goodrich, so Aetna approved the treatment and paid for it. Primecare, on behalf of Aetna, actually denied the treatment request for the cryoablation after David had already had the surgery. Aetna finally paid some, but not all, of the bills from the cryoablation six months after the surgery. Aetna never paid for the original consultation with Dr. Foshag. In October 1993, Mr. Goodrich again began receiving conventional chemotherapy treatment without authorization at an Aetna’s primary defense at trial—and its argument to the jury centered on—Aetna’s claim that it should not be lia- out-of-network facility, this time at St. John’s. Mr. Goodrich was notified by Aetna that self-referred, out-of-network ble for either the bills or David’s premature death because they resulted from David’s failure to follow Aetna’s treatment that was available in-plan could not be covered. He was offered a nurse case manager whose job would ‘‘rules.’’ Aetna even insisted that the jury be instructed that it could allocate some or all of the fault to David. have been to assist him in coordinating his care with the appropriate providers to get the maximum coverage On the verdict from, the jury allocated 0% of the fault to David and 100% of the fault to Aetna. available under his health plan, but he did not respond. Much of the chemotherapy treatment received by David after the cryoablation was not standard chemotherapy. In fact, there were only two places in California that were equipped to provide some of the chemotherapy treat- ments—USC and UCLA. Since David could not obtain that treatment from ‘‘in-plan’’ facilities, Aetna was required under California law to pay for it at out-of-plan facilities. Requiring David to receive even the standard chemotherapy or to obtain even the lab tests or x-rays through in-plan facilities despite the fact that the treatment was being coordinated by Dr. Foshag and the medical oncologist working with him, Dr. Chawla, breached Aetna’s obligation to assure that David had continuity of care as re- quired under California law. Even when David tried to comply with Aetna’s demands, Aetna rejected his treatment requests. Many, many times David asked his PCP to submit an authorization request to Primecare and Aetna for approval of a CT scan, blood test or chemotherapy treatment that Dr. Foshag or Dr. Chawla needed to have done and requested that those services be provided at in-plan facilities. The PCP signed those authorization requests and submitted them to Aetna. Aetna routinely denied those requests because they had been requested at the behest of the ‘‘out-of-plan’’ doctors, even though the requests were signed by the plan doctor assigned to David. At one point, Teresa asked David’s PCP why Aetna was denying even the requests for treatment to be provided in-plan and the doctor’s only response was ‘‘HMOs are fine as long as you don’t get sick.’’ David did utilize the services of a nurse case manager. Sharon Hopkins, R.N., Primecare’s utilization review nurse assigned to David’s case, actually spoke with David ‘‘for hours’’ during this time period. She looked forward to David’s calls because he was ‘‘such a nice man’’ and was ‘‘so interesting’’ and ‘‘so easy to talk to.’’ Even though she had to keep denying his claims, she liked talking to him because he never made their relationship seem adversarial. He explained to her that he simply had to do whatever was necessary to try to stay alive as long as possible. Ms. Hopkins even visited David when he was in the hospital. This pattern continued throughout 1994, as Mr. Goodrich received out-of-network, unauthorized conventional treatment Since David did, in fact, request that the CT scans, x-rays, blood tests and chemotherapy treatments that could be at St. John’s, and he ignored repeated warnings that out-of-network treatment could not be covered. Mr. Goodrich’s done in-plan be approved, and since Aetna routinely denied those requests, what else was David supposed to do? out-of-network treatment was covered by his wife’s health insurance—a fact that was withheld from the jury by a The trial judge ruled that Aetna could not introduce evidence of the existence of coverage, if any, under the school court ruling. Suggestions that he died without knowing these bills would be taken care of are not true. At no time district’s plan because, as the judge put it, whether anyone else agreed to pay the bills was irrelevant to Aetna’s did he take any action to question, protest or appeal any coverage denials by Aetna. responsibility to pay the bills. It is revolting and repugnant that Aetna would try to defend its own wrongful con- duct by trying to foist its legal obligations onto a small school district. Aetna delivered its final denial letter to David when he was in intensive care the day after a final surgery in Janu- ary, 1995. At that point, David did not know whether the school district would pay the bills. He died, still in the hospital, on March 15, 1995—knowing that there were more than a half million dollars in bills still outstanding and that neither, Aetna nor the school district would agree to pay them. Although the school district eventually paid the bills—over a year after David died—the payment of the bills de- pleted the school district’s benefit fund so much that the school district’s teachers were not able to receive their full raises the following year—evidence that the jury would have heard if Aetna had been allowed to tell the jury that the school district had paid the bills. The school district has a lien on any recovery by Teresa in the case and will be paid back out of the judgment for all the bills it paid. About the assertion that David never appealed Aetna’s denial. The hospital itself repeatedly initiated appeals in response to Aetna’s denials. All the appeals were rejected and the denials reaffirmed. The school district even appealed Aetna’s denials of the bills. Aetna also rejected that appeal and reaffirmed the denials. After David’s death, Teresa, through the PCP, also initiated an appeal. That appeal, too, was rejected and the deni- als reaffirmed. Aetna demanded that Teresa mediate her claims against Aetna immediately after she filed her complaint in this ac- tion. She did so. Aetna never tendered any payment for the bills at issue in the lawsuit. Aetna litigated the lawsuit for three years and never once offered to pay any of the bills. So, what difference would an appeal by David before he died have made? In January 1995, Mr. Goodrich entered St. John’s for surgery that had been precertified and approved by his other in- Requiring the surgery to be conducted in-plan would have violated Aetna’s obligation under California law to assure surance company. This was conventional surgery that could have been conducted in-plan, so coverage by Aetna the continuity of David’s medical care. was denied. Mr. Goodrich remained hospitalized until his death on March 15, 1995. The surgery was not precertifed and approved by the school district plan. In fact, the hospital did not call the right administrator and the school district’s administrator later refused to cover the bills because of that mistake. Aetna had no right to rely on the school district’s coverage since Aetna was the primary carrier. Aetna did not deny coverage for the surgery until after it was completed, in violation of the time standards Aetna was supposed to follow. All of Mr. Goodrich’s medical bills were covered by Aetna—when treatment was provided in-plan or authorized in ac- The abject falsity of this statement is evidenced by the facts, set forth above, demonstrating that even when David cordance with plan requirements—or by Mr. Goodrich’s wife’s health insurance, although the jury was not per- requested, through his in-plan PCP, that he be provided with in-plan treatment at in-plan facilities, the requests mitted to hear about the secondary coverage. During the course of his treatment, the total out-of-pocket cost to were denied by Aetna. the Goodriches was less than $2,000. Aetna had no right to foist its contractual obligations off onto the school district, or to force the school district’s teachers to forgo their raises in order to provide Aetna with an even greater cost savings and profit margin. Teresa Goodrich—a kindergarten teacher—was faced with over $500,000 in bills for over a year after David died because both Aetna and the school district refused to pay the bills. At no time did Mr. Goodrich fail to receive any treatment recommended by in-plan or out-of-plan doctors, and all As testified to by Dr. Foshag, Aetna should have discovered and provided David with the cryoablation at least six treatment was obtained without delay due to the timing of coverage approvals or denials. months earlier and, if it had, David would have lived longer. 1 Statements are from Aetna’s response of January 29, 1999 to Congress. Attorneys for the Goodrich family, Sharon Arkin and Michael Bidart, prepared the factual response (909–621–4935).

SENATE COMMITTEE MEETINGS tees, and committees of conference. meetings as they occur. Title IV of Senate Resolution 4, This title requires all such committees As an additional procedure along agreed to by the Senate on February 4, to notify the Office of the Senate Daily with the computerization of this infor- 1977, calls for establishment of a sys- Digest—designated by the Rules com- mation, the Office of the Senate Daily tem for a computerized schedule of all mittee—of the time, place, and purpose Digest will prepare this information for meetings and hearings of Senate com- of the meetings, when scheduled, and printing in the Extensions of Remarks mittees, subcommittees, joint commit- any cancellations or changes in the section of the CONGRESSIONAL RECORD

VerDate Aug 04 2004 11:33 Sep 27, 2004 Jkt 069102 PO 00000 Frm 00019 Fmt 0689 Sfmt 0634 E:\BR99\E10FE9.000 E10FE9 2256 EXTENSIONS OF REMARKS February 10, 1999 on Monday and Wednesday of each cusing on recruiting and retention poli- view the legislative recommendations week. cies within DOD and the Military Serv- of the Veterans of Foreign Wars. Meetings scheduled for Thursday, ices. 345 Cannon Building February 11, 1999 may be found in the SR–222 Energy and Natural Resources Daily Digest of today’s RECORD. Energy and Natural Resources To hold oversight hearings on the Presi- National Parks, Historic Preservation, and dent’s proposed budget request for fis- MEETINGS SCHEDULED Recreation Subcommittee cal year 2000 for the Department of the To hold oversight hearings on the Presi- Interior. FEBRUARY 12 dent’s proposed budget request for fis- SD–366 9:30 a.m. cal year 2000 for National Park Service Budget programs and operations. MARCH 4 SD–366 To hold hearings on national defense 9:30 a.m. budget issues. FEBRUARY 25 Veterans’ Affairs SD–608 To hold joint hearings with the House 9 a.m. Committee on Veterans’ Affairs to re- FEBRUARY 22 Energy and Natural Resources view the legislative recommendations 1 p.m. To hold oversight hearings on the Presi- dent’s proposed budget request for fis- of the Veterans of World War I of the Aging USA, Non-Commissioned Officers Asso- To hold hearings to examine the impact cal year 2000 for the Department of En- ciation, Paralyzed Veterans of Amer- of certain individual accounts con- ergy and the Federal Energy Regu- ica, Jewish War Veterans, and the tained in Social Security reform pro- latory Commission. posals on women’s current Social Secu- SD–366 Blinded Veterans Association. rity benefits. 9:30 a.m. 345 Cannon Building SD–628 Veterans’ Affairs To hold joint hearings with the House MARCH 10 FEBRUARY 23 Committee on Veterans’ Affairs to re- 9:30 a.m. 9:30 a.m. view the legislative recommendations Armed Services Health, Education, Labor, and Pensions of the Military Order of the Purple Readiness Subcommittee To hold hearings on Department of Edu- Heart, the Fleet Reserve, the Retired To hold hearings on the condition of the cation reform issues. Enlisted Association, the Gold Star service’s infrastructure and real prop- SD–430 Wives of America, and the Air Force erty maintenance programs for fiscal Sergeants Association. 10 a.m. year 2000. 345 Cannon Building Foreign Relations SR–236 To hold hearings on the President’s pro- Health, Education, Labor, and Pensions To hold hearings on protecting medical posed budget request for fiscal year MARCH 17 2000 for foreign assistance programs. records privacy issues. SD–419 SD–430 10 a.m. 10 a.m. Veterans’ Affairs FEBRUARY 24 Foreign Relations To hold joint hearings with the House East Asian and Pacific Affairs Sub- Committee on Veterans’ Affairs to re- 9 a.m. committee view the legislative recommendations Environment and Public Works To hold hearings to examine Asian trade of the Disabled American Veterans. To hold hearings to examine the Presi- dent’s proposed budget request for fis- barriers to United States soda ash ex- 345 Cannon Building cal year 2000 for the Environmental ports. Protection Agency. SD–419 MARCH 24 SD–406 2 p.m. 10 a.m. 9:30 a.m. Judiciary Veterans’ Affairs Antitrust, Business Rights, and Competi- Armed Services To hold joint hearings with the House tion Subcommittee Readiness Subcommittee Committee on Veterans’ Affairs to re- To hold hearings to review competition To hold hearings on the National Secu- view the legislative recommendations and antitrust issues relating to the rity ramifications of the Year 2000 of the American Ex-Prisoners of War, computer problem. Telecommunications Act. SD–226 AMVETS, Vietnam Veterans of Amer- SH–216 ica, and the Retired Officers Associa- Health, Education, Labor, and Pensions Energy and Natural Resources To hold oversight hearings on the Presi- tion. Public Health and Safety Subcommittee 345 Cannon Building To hold hearings on antimicrobial resist- dent’s proposed budget request for fis- ance. cal year 2000 for the Forest Service, De- SEPTEMBER 28 SD–430 partment of Agriculture. 2 p.m. SD–366 9:30 a.m. Armed Services Veterans’ Affairs Personnel Subcommittee MARCH 2 To hold joint hearings with the House To hold hearings on proposed legislation 9:30 a.m. Committee on Veterans’ Affairs to re- authorizing funds for fiscal year 2000 Veterans’ Affairs view the legislative recommendations for the Department of Defense and for To hold joint hearings with the House of the American Legion. the future years defense program, fo- Committee on Veterans’ Affairs to re- 345 Cannon Building

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