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

Vol. 145 WASHINGTON, THURSDAY, MARCH 4, 1999 No. 34 House of Representatives The House met at 10 a.m. and was PLEDGE OF ALLEGIANCE In this environment, it made sense to pro- called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the vide a disincentive to an older generation of pore (Mr. HEFLEY). gentleman from Oregon (Mr. WU) come workers to remain in the work force. The gov- f forward and lead the House in the ernment would take care of this older genera- Pledge of Allegiance. tion by ensuring a level of financial support we DESIGNATION OF THE SPEAKER Mr. WU led the Pledge of Allegiance now call a social insurance system. In turn, PRO TEMPORE as follows: new positions for younger workers were cre- The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the ated, giving them the wherewithal to become fore the House the following commu- United States of America, and to the Repub- financially independent from government as- nication from the Speaker: lic for which it stands, one nation under God, sistance. Taxes from these workers would be- indivisible, with liberty and justice for all. WASHINGTON, DC, come the mechanism to fund the benefits pay- March 4, 1999. f ments to the retirees. I hereby appoint the Honorable JOEL ANNOUNCEMENT BY THE SPEAKER Sixty-five years later, it is time to revisit the HEFLEY to act as Speaker pro tempore on PRO TEMPORE premise underlying this penalty. With record this day. low unemployment rates, the annual earnings The SPEAKER pro tempore. The J. DENNIS HASTERT, limit is an outdated disincentive that we cannot Speaker of the House of Representatives. Chair wishes to announce that the one- afford to keep. We need the expertise and f minutes will be limited to 15 on each side. wisdom that these workers can provide, but we make it punitive to compensate them for PRAYER f this value. It is time we change this provision The Chaplain, Reverend James David REMOVING SOCIAL SECURITY of the Social Security Act. The Senior Citizens Ford, D.D., offered the following pray- EARNINGS TEST Freedom to Work Act of 1999 does exactly er: (Mr. KUYKENDALL asked and was that and addresses one of the most unfair pro- We are grateful, O God, for the many visions of all, the penalty for working. I urge all blessings that have come from Your given permission to address the House for 1 minute and to revise and extend of my colleagues to join me in supporting this hand, and we begin this day with ap- his remarks.) important, and long overdue, piece of legisla- preciation for the gift of friendship. Mr. KUYKENDALL. Mr. Speaker, I tion. With our families and with our col- rise today to urge Members’ support of f leagues, there can be that kind of rela- a piece of legislation that will be intro- tionship that transcends all the divi- duced shortly in the House. That legis- SCHOOL MODERNIZATION sions of position or responsibility, that lation is called the Senior Citizens’ surmounts the differences that sepa- Freedom to Work Act of 1999 and it re- (Mr. WU asked and was given permis- rate people from each other. For moves the earnings limitations that sion to address the House for 1 minute friends who support us when the day is now exist in our Social Security laws. and to revise and extend his remarks.) done, we offer our praise. For friends For 1999, this limit penalizes retirees Mr. WU. Mr. Speaker, I rise to speak who encourage us when we are discour- with above $9,600 in earnings. For ex- in favor of school modernization. In aged, we offer thanks. For friends who ample, if the Social Security recipient communities like Astoria in Oregon, forgive when we miss the mark and for is under the age of 65 and they earn there are elementary schools with only friends who stand near us when we are $20,000, they would lose $5,200 from one electrical plug in each classroom. alone, we offer these words of gratitude their Social Security benefit. It is a No new elementary schools have been and thanksgiving. This is our earnest little better if you are age 65 to 69. built there since 1927. This is simply prayer. Amen. Then you would only lose about $3,500 not an adequate 21st century learning f in your Social Security benefits. environment. This restriction on outside earnings In my congressional district, commu- THE JOURNAL dates back to the original Social Secu- nities like Astoria and McMinnville The SPEAKER pro tempore. The rity law. In 1935, unemployment in the need the resources to modernize school Chair has examined the Journal of the United States exceeded 25 percent, net buildings and provide schools with up- last day’s proceedings and announces new business investment was a nega- to-date technological tools. In other to the House his approval thereof. tive $55 billion, and national wages had rapidly growing communities such as Pursuant to clause 1, rule I, the Jour- declined from $50 billion in 1929 to $30 Beaverton and Hillsboro, schools are nal stands approved. billion. suffering from that growth. There,

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.

H959

. H960 CONGRESSIONAL RECORD — HOUSE March 4, 1999 classroom overcrowding creates dif- But what they are going to do is they minute and to revise and extend his re- ficult learning environments and exac- are going to take away the interest. So marks.) erbates student discipline problems. working men and women in this coun- Mr. SCHAFFER. Mr. Speaker, the Schools there need the resources to ex- try pay in their hard-earned dollars President’s budget is fraudulent. That pand and maintain education quality. through the FICA tax into Social Secu- seems to be the devastating verdict of Congress can make it more afford- rity, it earns interest that they are the nonpartisan Congressional Budget able for local school districts to refur- supposed to be the beneficiaries of, and Office. CBO took a look at the Presi- bish old school facilities and construct along come the Republicans and they dent’s budget and they were appalled new school buildings by paying the in- are going to steal the interest. at what they saw. Double counting, terest on local school bonds designated I hope America is watching closely slick accounting, arithmetic gym- for construction and repair of school when this legislation comes to the nastics, things like this have not been facilities. The agenda is clear but it re- floor, because while they say they are seen since the advent of rain forest quires a real commitment by Congress. going to protect the principal, lo and math and faddish politically correct We must work hard to meet that chal- behold we see that JOHN KASICH and schools. lenge. others have a proposal to take it and Social Security is not saved. In fact, f use it for tax cuts or to take it and use Social Security would remain insol- it for spending proposals that they vent despite the figures the President’s BREAST AND CERVICAL CANCER have. If you are going to protect Social budget says looks good on paper. And TREATMENT ACT OF 1999 Security, you got to protect the prin- spending busts the spending caps that (Ms. ROS-LEHTINEN asked and was cipal and the interest. Congress worked so hard to pass only 2 given permission to address the House f short years ago. Spending goes up, way for 1 minute and to revise and extend LET US WORK TOGETHER TO SAVE up. And so the security of Social Secu- her remarks.) SOCIAL SECURITY rity goes down, way down. Ms. ROS-LEHTINEN. Mr. Speaker, it One would think that the White (Mr. HAYWORTH asked and was is estimated that this year alone ap- House would avoid this kind of slick given permission to address the House proximately 44,000 women will lose accounting. Double counting of imagi- for 1 minute and to revise and extend their lives to breast cancer and an ad- nary money is guaranteed to get them his remarks.) ditional 15,000 will die from cervical in trouble with the CBO and all other cancer. As these treacherous diseases Mr. HAYWORTH. Mr. Speaker, did you hear the one about the liberal who budget analysts and economists. Con- continue to spread in women, research- gress is eager, though, to work with ers work diligently in hopes of finding markets the politics of fear? I am reminded by the previous speak- the President to stick with our historic a cure for cancerous cells and in hopes er that in this Chamber, 2 years ago, balanced budget agreement. But the of providing solutions to improve and we heard that the elderly would be President’s budget just does not pass extend the lives of cancer patients. Yet thrown into the streets and that the straight face test. Mr. Speaker, we with all this new technology and new schoolchildren would be starved. That need to go back to work. medications, scores of low-income just was not true. And yet in the name women, mothers, daughters and wives, of political hyperbole and fear, the lib- f will never know the benefits of this erals pull out the only card they know new research because they simply can- to market, to try and scare the H-E- EDUCATION not afford treatment for their poten- double-hockey-sticks out of seniors. (Ms. STABENOW asked and was tially fatal cancer. The fact is, less than a year ago, our The gentleman from New York (Mr. given permission to address the House majority in Congress moved to save 90 for 1 minute.) LAZIO) will soon introduce a bill that percent of the surplus for Social Secu- will provide States with an optional Ms. STABENOW. Mr. Speaker, I rise rity. We currently are working on today to support efforts to modernize Medicaid benefit to provide coverage plans to save all of that surplus for to- for treatment to low-income women our schools so that our children have day’s seniors. Sad to say, the other side the skills and the tools they need for who are screened and diagnosed with offers fear. We offer hope, opportunity breast or cervical cancer through our the jobs that they will face when they and reality. There is a clear difference graduate. Federal CDC Early Detection Program. in America, and that is why together, With little cost to taxpayers, passing Two years ago I was pleased, with the as Americans, we can solve problems, if gentlewoman from California (Ms. this fiscally conservative legislation we avoid the partisan temptations of ESHOO), to sponsor the Computer Dona- will literally mean saving the lives of fear. thousands of women. I urge each and tion Incentive Act to encourage busi- f every one of our colleagues to sponsor nesses to donate computer equipment this bill. STOP ILLEGAL TRADE and software to schools to help upgrade f (Mr. TRAFICANT asked and was the schools. Since that time in my dis- trict, we have wired almost 50 schools SOCIAL SECURITY given permission to address the House for 1 minute and to revise and extend with volunteer effort. (Mr. GEORGE MILLER of California his remarks.) But we know that, if our children are asked and was given permission to ad- Mr. TRAFICANT. Mr. Speaker, take going to learn, we not only need to dress the House for 1 minute and to re- the steel crisis, please. America is have the hardware there, the software, vise and extend his remarks.) being violated every day, every hour, be able to support teachers, to have the Mr. GEORGE MILLER of California. every minute by illegal trade, and the professional development and training Mr. Speaker, Members of the House, White House has done nothing. To they need, but our classrooms need to did you hear the one about the Repub- make matters even worse, Congress has be smaller so that teachers can truly licans who think that we ought to pri- done nothing. This is wrong, this is give children the attention that they vatize Social Security because the in- stupid, this is unAmerican. Illegal need. That is why I am so strongly sup- terest earned on Social Security trust trade must be stopped. Congress must porting the efforts to have the Federal funds is too little? Now, they have a grow a backbone. Government be a junior partner in sup- plan this week, the interest on the I yield back 10,000 jobs, 10,000 Amer- porting communities to build new trust funds is so little that they are ican jobs already lost in the steel in- schools, to modernize their schools and going to take it away from the people dustry. to make sure that in order to have that paid into the trust funds. They f smaller classroom sizes, we have more have a plan where they say they are classrooms and more teachers in those going to save Social Security, that PRESIDENTIAL BUDGET FAILS classrooms. This is a very important they are not going to touch the prin- STRAIGHT FACE TEST effort that the Federal Government cipal of the trust funds or 70 percent of (Mr. SCHAFFER asked and was given needs to address. I urge it be a part of it, 60 percent of it, something like that. permission to address the House for 1 this year’s budget. March 4, 1999 CONGRESSIONAL RECORD — HOUSE H961 SOCIAL SECURITY b 1015 SAVE OUR STEEL INDUSTRY (Mr. BALLENGER asked and was RICH, MIDDLE CLASS OR POOR— (Mr. ADERHOLT asked and was given permission to address the House REPUBLICANS STAND FOR TAX given permission to address the House for 1 minute.) CUTS FOR ALL AMERICANS for 1 minute and to revise and extend his remarks.) Mr. BALLENGER. Mr. Speaker, the (Mr. CHABOT asked and was given permission to address the House for 1 Mr. ADERHOLT. Mr. Speaker, some- same people who told us again and minute.) times an industry suffers from foreign again and again just 2 years ago that Mr. CHABOT. Mr. Speaker, the Re- competition because a new tool is in- Congress could not cut taxes and bal- publican party stands for saving Social vented or product quality goes up with- ance the budget were wrong. Congress Security; and, yes, we stand for tax out a price increase or their govern- cut taxes, and the budget is actually cuts, too. We stand for across-the- ment reduces regulation and taxes. But now in surplus. board tax cuts for all Americans. We this is not the reason that the U.S. Well, the same people now are telling stand for the elimination of capital steel industry is suffering. Since 1980 it us that we cannot cut taxes and gains taxes because capital investment has modernized, it has streamlined, strengthen Social Security at the same is the engine of job growth, the key to and it is 240 percent more efficient. time. Well, of course we can. economic opportunity for all Ameri- The International Trade Commission cans, whether rich or poor. announced that foreign companies have The same people who are defending We stand for the expansion of IRA ac- indeed dumped hot rolled steel at the President’s budget, which loots the counts. We stand for elimination of es- prices below their own market. That Social Security trust fund to the tune tate taxes because we think the gov- announcement and the suspension of $30 billion on new Washington-based ernment should not have two and three agreement with Russia might provide social programs and double counts $2.4 whacks at the fruits of a lifetime of some relief, but a key fact is often trillion in Social Security, are criticiz- work and because we think the govern- missing from the discussion. Some of ing the Republican plan to strengthen ment has already done enough to kill these same countries have simply Social Security, cut taxes and pay the family farm and to kill small busi- switched their dumping to other cat- down the debt. nesses. egories of steel. Russia has played that Well, the naysayers are wrong. The We stand for elimination of the mar- game since 1997. Republican plan will accomplish three riage tax penalties. Right now, a mar- The coming weeks and months are ried couple pays higher taxes if they important goals. It will strengthen So- very critical to saving these United are married than if they are not, and cial Security, it will refund middle- States jobs. This Congress must act. It that is just plain wrong. class taxpayers some of the govern- So let us work together to reduce the must act quickly in order to save ment overcharge, and it will start to tax burden on all Americans whether American jobs and our steel industry chip away at the national debt, which rich, middle class or poor. here in the United States of America. means lower interest rates and good f f economic times for people trying to make ends meet. SUPPORT THE SCHOOL RECON- PROVIDING 21ST CENTURY LEARN- STRUCTION AND MODERNIZA- ING INSTITUTIONS FOR OUR f TION ACT CHILDREN (Mr. CROWLEY asked and was given (Mr. UDALL of New Mexico asked SCHOOL CONSTRUCTION permission to address the House for 1 and was given permission to address minute and to revise and extend his re- the House for 1 minute and to revise (Mr. BAIRD asked and was given per- marks.) and extend his remarks.) mission to address the House for 1 Mr. CROWLEY. Mr. Speaker, I rise Mr. UDALL of New Mexico. Mr. minute.) today to speak about the conditions of Speaker, I rise today to talk about elementary and secondary schools in Mr. BAIRD. Mr. Speaker, if this Na- school modernization. There is abso- New York City. I wish to bring to light lutely no doubt that our schools are in tion sincerely believes that education to my colleagues the dire conditions is the foundation of our democracy, a state of despair. I have traveled New faced by students in New York and Mexico and talked to students and then it is time to act like it. In high- across our country. growth areas like the Evergreen School teachers in the schools and seen the Many of my colleagues may ask why problems firsthand, from buildings District in Clark County, Washington, the Federal Government needs to be- the growth rate is too high for the being shut down because of health and come involved in school renovation and safety violations, temporary class- local district to keep up. Evergreen is construction issues which are histori- the fastest growing school district in rooms put on the campus for 1 year and cally local concerns. The simple an- used for 10 years, and the list could go our State, with a growth rate of 4.5 per- swer to my colleagues is because the cent a year; and by 2004 their student on and on. problem has grown so large that local- Mr. Speaker, one in three New Mex- enrollment is projected to increase by ities or States alone cannot handle it. 26,000 students. ico schools need repair and need to be They simply cannot handle it. refurbished. The cost is staggering: $2 A recent survey by the Division of To respond to the number of students billion. No one entity can do it. School Facilities in New York City enrolling, Evergreen has put up 320 So what we need, Mr. Speaker, is a portable classrooms where 20 percent of concluded that in my district alone 19 new schools are needed to alleviate the partnership of the States, local school our school district students are edu- boards, the Federal Government, to cated. This is not an effective environ- overcrowding in my districts. Cur- rently, three of the five community make sure that we build 21st century ment in which to teach or to learn. learning institutions for our children. That is why I am proud to be an origi- school districts in my district, my con- f nal cosponsor of the School Construc- gressional district, are operating over tion Act of the gentleman from North capacity. The fact is, we are 9,789 seats HYPOCRISY OF TRASH short, 9,789 seats short. I ask my col- Carolina (Mr. ETHERIDGE) which will (Mr. GIBBONS asked and was given create new tax credits to leverage $7.2 leagues to think about that: almost 10,000 students for which the schools permission to address the House for 1 billion in school construction bonds. minute and to revise and extend his re- Under this bill, the bonds would be al- simply do not have any room. Mr. Speaker, that is not the worst marks.) located according to enrollment problem. Population growth is ex- Mr. GIBBONS. Mr. Speaker, I read growth over the next 10 years. pected to increase over the next 10 with interest an article in yesterday’s It is a good bill for our students, it is years, leaving us 44,822 seats short. Washington Post which some Members a good bill for our communities, and it This is why I support and Congress of this Congress are upset and demand- is a good bill for our democracy. I urge must pass the Democratic School Re- ing legislation to stop other States my colleagues to support it. construction and Modernization Act. from shipping garbage into their H962 CONGRESSIONAL RECORD — HOUSE March 4, 1999 States. There is some real irony here. Founding Fathers reserved the respon- dent Preval and former President My colleagues will understand my sur- sibility of spending taxpayers’ money Aristide, and it is no coincidence that prise when I read this because these to the people’s representatives. the loss of Senator Toussaint also alarmist complainers are some of the Mr. Speaker, the delicate balance of means the loss of OPL’s majority sta- very same Members of Congress who the three separate, but equal, branches tus in the Haitian Senate. want to ship their trash, including nu- of government is at stake. We cannot Mr. Speaker, it is also no coincidence clear waste, all across this country and allow the President to issue Executive that in Haiti those who are targeted into my State. Orders that require the expenditure of for surveillance, intimidation and even Mr. Speaker, let me get this straight. Federal funds unless those funds are worse are Haitian and American indi- They want to stop shipping garbage to appropriated by Congress. viduals who are working in support of their State, but they want to ship their Recently, Mr. Speaker, I introduced the rule of law; free, fair elections; and deadly toxic waste into mine. A trans- H. Con. Res. 30 which reasserts the role economic improvement in that impov- portation accident, including banana and responsibility of Congress to enact erished country. peels and used paper towels, is cer- the laws and appropriate Federal dol- The United Nations has called atten- tainly not going to be the same as one lars. It seeks to curb the infringement tion to the crises, noting there is in- of the consequences of an accident with of executive power on legislative au- creased polarization in the country and new risk to constitutional government, nuclear waste. thority. Furthermore, H. Con. Res. 30 but there has been precious little word I yield back this hypocrisy of trash, will clarify any confusion regarding out of the Clinton administration. and I encourage Members to support Executive Orders by emphasizing Con- Mr. Speaker, the crown jewel of their common sense, fairness and safety, and gressional authority granted under Ar- foreign policy is badly tarnished, and oppose H.R. 45. ticle 1, Section 8, of the Constitution. we need a new approach to Haiti’s f Please join me in cosponsoring this failed democracy. We are filing such bipartisan resolution. WE MUST MAKE BETTER SCHOOLS legislation today, and I urge Members f AND BETTER EDUCATION A NA- to read it and support it. TIONAL PRIORITY PRESERVING SOCIAL SECURITY f (Mr. PHELPS asked and was given AND MEDICARE AND PAYING SCHOOL CONSTRUCTION AND permission to address the House for 1 DOWN THE NATIONAL DEBT MODERNIZATION minute and to revise and extend his re- (Mr. WISE asked and was given per- (Mr. WYNN asked and was given per- marks.) mission to address the House for 1 mission to address the House for 1 Mr. PHELPS. Mr. Speaker, I rise minute and to revise and extend his re- minute and to revise and extend his re- today to support the initiatives to im- marks.) marks.) prove education for our children by Mr. WISE. Mr. Speaker, the Congress Mr. WYNN. Mr. Speaker, I rise today building and modernizing our schools. this year will undertake the most to talk about the Democratic proposal As a former teacher and the husband of sweeping domestic legislation probably on education and specifically the mod- a teacher, as a former legislator, I in 40 or 50 years and certainly, in the ernization of our schools. know firsthand the burdens and con- case of Social Security, the most Improving education in America re- straints that overcrowded classrooms sweeping changes since Social Security quires all levels of government to pull and antiquated buildings place on our was created in 1935. So I think there their load. Today, local and State student, teachers and administrators. ought to be some basic premises here, school systems are working very hard Mr. Speaker, when I taught, I had so particularly as we look at, of all to improve education, but there is a many students it was impossible to fos- things, a budget surplus, something no Federal role. We ought to be providing ter the proper learning and mentoring one ever expected to see. assistance to local school districts who relationships that are necessary to pro- First, take 62 percent of that surplus are trying to modernize their schools. vide quality education. In my district and invest it in Social Security and in This problem takes on many faces. today, schools are struggling just to preserving Social Security. Preserve it Perhaps the most obvious one is the provide space. There are deplorable for the 400,000 West Virginians that de- face of temporary buildings in front of conditions. One school in any district pend upon it. school systems. We have lots of tem- does not have proper air conditioning, Second, take 15 percent of that budg- porary buildings that were supposed to even sometimes no heat. One particu- et surplus, totaling 77 percent now, and be there for 1 year. They are now there lar broom closet was vacated to pro- save Medicare, for which 300,000 West for 10 and 15 years, and they are pro- vide a small library for our elementary Virginians depend upon for their basic liferating. They are growing these lit- students. One school in my district had health care, those over 65 and those tle pods. It is almost like Monopoly to see these little toy schoolrooms being to go to a local prison track for their who are disabled. built. track team to utilize for their team. Third, take that surplus and pay We need to address that problem. Mr. Speaker, these are unacceptable down the national debt. We have systems that have major conditions today in which we seek to Mr. Speaker, now this is a program ventilation problems and major heat- prepare our students for tomorrow and that America can rally behind: 62 per- ing system problems and major air con- for our future. We have a great oppor- cent for Social Security to preserve it, ditioning problems and leaking roofs, tunity in this Congress to make these 17 percent to preserve Medicare and, fi- and we need to address that problem as schools a national priority. nally, paying down the national debt. well. And we have school systems that f Let us get moving. lack modern technology. Over half the f CONGRESS MUST UPHOLD THE schools in this country are not wired to DELICATE BALANCE OF THREE HAITI: A CLIMATE OF assume the technology that exists SEPARATE BUT EQUAL INSTABILITY today. BRANCHES OF GOVERNMENT We need to modernize our schools. (Mr. GOSS asked and was given per- We need the Democratic plan. (Mr. METCALF asked and was given mission to address the House for 1 f permission to address the House for 1 minute and to revise and extend his re- minute.) marks.) DEMOCRATIC AGENDA CO-OPTED Mr. METCALF. Mr. Speaker, this Mr. GOSS. Mr. Speaker, earlier this FROM THE REPUBLICANS Congress has every legitimate reason week Haitian Senator Toussaint was (Mr. KINGSTON asked and was given to be deeply concerned about the Presi- gunned down in front of his home in a permission to address the House for 1 dent’s barrage of, count them, 280 Ex- gruesome, politically-motivated mur- minute and to revise and extend his re- ecutive Orders. Congressional author- der. Toussaint had been a member of marks.) ity is clearly at risk. Nowhere is it the OPL, the political party that has Mr. KINGSTON. Mr. Speaker, as my written that the President has any au- controlled parliament in Haiti and is colleagues know, yesterday the Demo- thority to issue Executive Orders. Our the opposition party for current Presi- crats had a little love fest over in the March 4, 1999 CONGRESSIONAL RECORD — HOUSE H963 Rotunda to talk about their agenda, School modernization represents our oric that seems to, quite frankly, come and I was interested in this. I like to national defense for the generations to on both sides, and do what is right for watch Democrats. After all, they are come. We should support it heartily on our children. We support tax relief, we very interesting people when we really both sides of the aisle. support strengthening defense. But let study them. And of course so much of f us be honest, they did not support their agenda they have co-opted from school modernization last year. With a A NATURAL DIVIDE BETWEEN the Republicans. Our best agenda, for new day here in the Congress, we have REPUBLICANS AND DEMOCRATS example, balancing the budget, paying moved beyond all the partisan bicker- down the debt, excellence in education, (Mr. FOSSELLA asked and was given ing and division that separated us last ‘‘S’’ for saving Social Security, ‘‘T’’ for permission to address the House for 1 year. lowering taxes. minute and to revise and extend his re- Let us do what is right. I say to the The Republican’s best agenda; that is marks.) gentleman from Illinois (Mr. WELLER), what the Democrats are using. Mr. FOSELLA. Mr. Speaker, this is a I will support marriage tax relief if he But then they could not stop there. natural divide here today. We hear it will support building new schools in Il- They had to put in something for the on the other side of the aisle. I think linois and Tennessee. whacky fringe left element of their pol- both parties are sincere about protect- f icy, spending 38 percent of the Social ing and strengthening social security Security dollars. That is right. They and Medicare. Both want to improve ENDING THE MARRIAGE TAX are bragging, hey, we are going to save education. How can we not be for im- PENALTY only 62 percent of Social Security, proving education? I think on our side (Mr. WELLER asked and was given using 32 percent for non-Social Secu- of the aisle, at least, we want to permission to address the House for 1 rity items. strengthen national defense. minute and to revise and extend his re- The whacky fringe left also is push- The divide, really, is between more marks.) ing busting the budget caps. Of course, spending and bigger government on Mr. WELLER. Mr. Speaker, I would the President, he did give has word, but this side, and tax relief and more op- like to, of course, point out to my so much for that. portunity and more freedom for the friend across the aisle that this House Then federalizing public education. I American people on this side. We be- passed legislation to provide for school am sorry that the school districts in lieve strongly that we can protect and construction in the 90–10 tax cut plan their areas did not do the responsible strengthen social security if given the last year, and Republicans voted for it. things and build school buildings, but I chance, despite the rhetoric on the I have an important question before do not want the Federal Government other side, and at the same time agree the House today. That is, do the Amer- coming into my district and telling us that the American people are over- ican people feel that it is right, that it how to build, how to educate our chil- taxed and they deserve more of their is fair, that married working couples dren. hard-earned money back, and the free- pay higher taxes under our tax code Mr. Speaker, we do not need Wash- dom and opportunity to spend it on just because they are married? Do the ington bureaucrats; we need local con- their families and their communities. Americans feel that it is right that 21 trol of education. If we keep it here in Washington, we million average working married cou- f give the other side the chance, and all ples pay, on average, $1,400 more in b 1030 they are going to do is spend it unnec- higher taxes just because they are mar- essarily on wasteful spending. ried, higher taxes than identical work- POPULATION PRESSURES IN f ing couples working outside of mar- SCHOOLS MEAN STATE AND FED- riages? RISING DEMANDS ON SCHOOLS, ERAL RESPONSIBILITY Of course Americans do not feel that NOT IRRESPONSIBILITY, CAUSE (Mr. WEINER asked and was given is right, that is fair. It is just not right HIGHER SCHOOL UPKEEP COSTS permission to address the House for 1 and fair that married working couples minute and to revise and extend his re- (Mr. FORD asked and was given per- pay more. In fact, we should make marks.) mission to address the House for 1 elimination of the marriage tax pen- Mr. WEINER. Mr. Speaker, I would minute and to revise and extend his re- alty a priority in this Congress. The invite my colleague to visit some of marks.) $1,400, the average marriage tax pen- the schools in my district in Brooklyn Mr. FORD. Mr. Speaker, I would say alty, that is one year’s tuition in the and Queens. I think what they will find to my friend, the gentleman from Geor- Joliet Junior College in the district are some great teachers and some gia (Mr. KINGSTON), people in Ten- that I represent, or 3 months of day eager students. They will probably find nessee have not been irresponsible in care at a local child care center. It is them not only in classrooms, but they spending education funds. I would rec- real money for real people back home. will find them in gymnasiums, they ommend to him that he ought to look Let us lower taxes, and let us make will find them in storage closets, they at the problems in Atlanta and other elimination of the marriage tax pen- will find them in lunch rooms, stuck in places in Georgia in keeping up with alty a family priority this year. nooks and crannies in virtually every some of the rising demands in our f building. schools. Why is that? It is because in places The reality is that some 14 million of QUALITY SCHOOLS SHOULD BE A like Community School District 24 and our students, of the 52.7 which are en- BIPARTISAN GOAL 27 in Queens, Districts 21 and 22 in rolled in public schools around the Na- (Ms. BERKLEY asked and was given Kings County, we have populations in tion today, go to school each and every permission to address the House for 1 those schools in the neighborhood of day with some major infrastructure minute and to revise and extend her re- 120 to 140 percent of capacity. problem. We can argue Republican and marks.) This is an extraordinary blessing. Democrat, we can argue State and Fed- Ms. BERKLEY. Mr. Speaker, I rise to These students represent the best eral, but the reality is, 14 million kids talk a little bit about the district that hopes for our country and best hopes day in and day out have to worry about I represent. I represent southern Ne- for our community. But with that a roof falling in. vada, which is the fastest growing dis- blessing comes a certain responsibility Maybe it is me, but I think we have trict in the United States. I have 5,000 that we must face, not only in local- a role in ensuring our kids can go to new residents pouring into southern ities but here in Washington. That is to school in safe and clean and learner- Nevada every month. support school modernization. If we friendly environments. Maybe it is me, We have the fastest growing school- can build roads that go by these in thinking that the Federal Govern- age population in the United States. schools, we should be able to build ment, if we can build prisons, that we We need to have school construction in roofs and extensions on these schools ought to be able to build schools. order to keep up with the unprece- and make sure they are wired for the It is my hope that we can get beyond dented growth. We have 1,200 students Internet. this partisan and inflammatory rhet- for every school in southern Nevada. H964 CONGRESSIONAL RECORD — HOUSE March 4, 1999 That is twice the national average. We The biggest reason why social secu- assistance, and for other purposes. The first have 210,000 people in our school dis- rity needs to be reformed is not be- reading of the bill shall be dispensed with. trict. These students are being edu- cause it is going bankrupt, although it Points of order against consideration of the bill for failure to comply with clause 4(a) of cated in trailers, they are being edu- is impossible to deny that it is. No, the rule XIII are waived. General debate shall be cated in portables. biggest reason why social security confined to the bill and shall not exceed one I say, Mr. Speaker, that this is not an needs to be reformed is because the hour equally divided and controlled by the appropriate place for our students in current system denies ordinary work- chairman and ranking minority member of America to be educated. They are cry- ers the benefits of compound interest. the Committee on Transportation and Infra- ing out for better educational opportu- Money taken out of a worker’s pay- structure. After general debate the bill shall nities. check does not go into a fund that will be considered for amendment under the five- I believe education is a nonpartisan earn compound interest. It is spent. minute rule. It shall be in order to consider as an original bill for the purpose of amend- issue and should be approached in that The money does not grow, and benefits ment under the five-minute rule the amend- manner. Our goal should be to prepare can only come from taking money out ment in the nature of a substitute rec- our students for the next millennium, of someone else’s paycheck. ommended by the Committee on Transpor- for the great challenges that lie ahead It is time to take advantage of the tation and Infrastructure now printed in the in our global economy. I ask the people eighth wonder of the world. bill. The committee amendment in the na- ture of a substitute shall be considered by on the other side of the aisle to join f with us in order to do what is right for title rather than by section. Each title shall TIME FOR A BIPARTISAN SCHOOL be considered as read. During consideration our American students. of the bill for amendment, the chairman of f MODERNIZATION ACT the Committee of the Whole may accord pri- THE EXPANSION OF ED-FLEX PER- (Mr. LARSON asked and was given ority in recognition on the basis of whether the Member offering an amendment has MITS DELEGATION OF GREATER permission to address the House for 1 minute and to revise and extend his re- caused it to be printed in the portion of the AUTHORITY IN EDUCATION TO Congressional Record designated for that STATES AND LOCALITIES marks.) purpose in clause 8 of rule XVIII. Amend- Mr. LARSON. Mr. Speaker, school ments so printed shall be considered as read. (Mr. LUCAS of Kentucky asked and buildings in this Nation represent a $2 was given permission to address the The chairman of the Committee of the Whole trillion investment, an investment may: (1) postpone until a time during further House for 1 minute and to revise and that was primarily made by a genera- consideration in the Committee of the Whole extend his remarks.) tion of people who survived the depres- a request for a recorded vote on any amend- Mr. LUCAS of Kentucky. Mr. Speak- sion and fought and won the Second ment; and (2) reduce to five minutes the min- er, as the former chairman of the imum time for electronic voting on any post- World War. Upon returning, they saw Northern Kentucky University Board poned question that follows another elec- the need to expand schools, saw the of Regents, I believe that all too often tronic vote without intervening business, need to provide for their children, saw education decisions are made at the provided that the minimum time for elec- the responsibility that was placed upon Federal level by bureaucrats who have tronic voting on the first in any series of them as they addressed the issue of a questions shall be 15 minutes. At the conclu- little knowledge of the needs of the crumbling infrastructure system and sion of consideration of the bill for amend- school at the local level, leaving teach- the need to have schools that were not ment the Committee shall rise and report ers, principals, and local school boards overcrowded and could provide the best the bill to the House with such amendments with their hands tied. as may have been adopted. Any Member may possible education. That is why I support the Education demand a separate vote in the House on any Many of the Members of Congress are Flexibility Partnership Act of 1999. The amendment adopted in the Committee of the beneficiaries of that generation. It is expansion of Ed-Flex allows the Sec- Whole to the bill or to the committee the responsibility of us today to em- retary of Education to delegate to amendment in the nature of a substitute. brace the issue of school modernization The previous question shall be considered as States the authority to waive Federal and pass in a bipartisan effort the ordered on the bill and amendments thereto regulation requirements that interfere School Modernization Act. By provid- to final passage without intervening motion with the schools’ ability to educate our ing these monies, we can ensure not except one motion to recommit with or with- children. only smaller classes, but address the out instructions. The proposed legislation makes many infrastructure concerns and the tech- The SPEAKER pro tempore (Mr. programs eligible for waivers. The bill nological concerns that we need to HEFLEY). The gentleman from Florida will help do away with many burden- take this Nation and our children into (Mr. GOSS) is recognized for 1 hour. some Federal regulations, giving more the 21st century. Mr. GOSS. Mr. Speaker, for purposes decision-making power to the local Let me conclude by saying this, that of debate only, I yield the customary 30 level. Our schools must have the flexi- this is a match that cannot be post- minutes to my friend, the distin- bility to tailor specific solutions to poned. guished gentleman from Massachusetts specific problems. Local school boards (Mr. MOAKLEY), the ranking member, understand local needs best. f pending which I yield myself such time f PROVIDING FOR CONSIDERATION as I may consume. During consider- ation of this resolution, all time yield- IT IS TIME TO TAKE ADVANTAGE OF H.R. 707, DISASTER MITIGA- ed is for purposes of debate only. OF THE EIGHTH WONDER OF THE TION AND COST REDUCTION ACT Mr. Speaker, I am pleased to bring WORLD, COMPOUND INTEREST OF 1999 forward another noncontroversial open (Mr. COOKSEY asked and was given Mr. GOSS. Mr. Speaker, by direction rule under the leadership of the gen- permission to address the House for 1 of the Committee on Rules, I call up tleman from California (Chairman minute and to revise and extend his re- House Resolution 91 and ask for its im- DAVID DREIER). marks.) mediate consideration. The rule waives clause 4(a) of rule Mr. COOKSEY. Mr. Speaker, Baron The Clerk read the resolution, as fol- XIII requiring a 3-day layover of the Rothschild once said, I do not know lows: committee report against consider- what the Seven Wonders of the World H. RES. 91 ation of the bill. The rule provides for are, but I do know the eighth, com- Resolved, That at any time after the adop- 1 hour of general debate, equally di- pound interest. Mr. Speaker, Baron tion of this resolution the Speaker may, pur- vided between the chairman and rank- Rothschild called compound interest suant to clause 2(b) of rule XVIII, declare the ing member of the Committee on the eighth wonder of the world for a House resolved into the Committee of the Transportation and Infrastructure, and good reason. Modest amounts of Whole House on the state of the Union for makes in order our committee amend- money, when invested and then rein- consideration of the bill (H.R. 707) to amend the Robert T. Stafford Disaster Relief and ment in the nature of a substitute as vested, grow over time in a spectacular Emergency Assistance Act to authorize a an original bill for the purposes of fashion. It takes patience but it works, program for predisaster mitigation, to amendment. as all seniors who started out with streamline the administration of disaster re- The Chair is authorized to accord pri- modest means but saved now know. lief, to control the Federal costs of disaster ority in recognition to members who March 4, 1999 CONGRESSIONAL RECORD — HOUSE H965 have preprinted their amendments in money. H.R. 707 is a good bipartisan Mr. Speaker, I urge my colleagues to the CONGRESSIONAL RECORD, and fi- bill that is long overdue. I encourage support this bill and support this open nally, the rule provides one motion to my colleagues to support this open, rule. It is supported by the American recommit, with or without instruc- fair rule, as well as the underlying bill. Red Cross, the National Emergency tions. This is an otherwise wonderful Mr. Speaker, I reserve the balance of Management Association, and it will rule that should certainly engender no my time. make a big difference in people’s lives controversy, and deserves, I believe, Mr. MOAKLEY. Mr. Speaker, I thank when they need it most. the support of the full House. the gentleman from Sanibel, Florida Mr. Speaker, I yield 3 minutes to the H.R. 707, which this carries, is the (Mr. GOSS) for yielding me the cus- honorable gentleman from Ohio (Mr. straightforward commonsense solution tomary half-hour, and I yield myself TRAFICANT). to a very real problem that impacts such time as I may consume. Mr. TRAFICANT. Mr. Speaker, I rise folks in my district and, of course, Mr. Speaker, in the last 5 years, nat- in support of the rule and the bill, but throughout the country as well. ural disasters have killed over 800 peo- I want to talk a little bit about an ple in the United States. In addition to b 1045 amendment I am going to offer because costing people their lives, these disas- it is not done yet, so I am going to be- The problem we are facing is not a ters cost $60 billion in property loss labor the point for about a minute. It new one: How to improve the way we and other damage. is a ‘‘Buy American’’ amendment. plan for and deliver assistance to com- But this open rule provides for the Mr. Speaker, I do not know if my col- munities that have the misfortune to consideration of the bill which will leagues noticed this past week they be hit by natural disasters. help minimize the loss of life and prop- sent around these television remotes. I commend the gentlewoman from erty due to fires, floods, hurricanes They are like yellow toys. They are Florida (Mrs. FOWLER), my Florida col- earthquakes and tornadoes. squeezey, real soft. They look like league, for her leadership on this im- Mr. Speaker, it will enable Federal, Teletubby toys. They are yellow. And portant issue and for the substantive, State, and local governments to take when we look at them, everybody just bipartisan work product which she has steps to prepare for disasters before says, look at this, the telecommuni- delivered. they happen in order to minimize the cations industry is lobbying the Con- Mr. Speaker, H.R. 707 improves the injuries or damage caused by these nat- gress of the United States. What a way process by outlining seven specific, ob- ural disasters. to get our attention. jective criteria for awarding grants and This bill will help people. It will cre- Then if one turns it over on the other by requiring mitigation projects to be ate firebreaks to stop the spread of side and looks at the back and looks cost-effective. H.R. 707 increases the wildfires, it will help build emergency down at the bottom, it is made in role of the State and local governments generators to provide electricity dur- China. I know everybody laughs about in the short term and requires FEMA ing hurricanes, it will strengthen water this, and we argue about flies on our to develop a process for delegating a towers and retrofit overpasses to slow face. I think we have got a dragon eat- greater portion of the hazard mitiga- the impact of earthquakes, and it will ing our assets. tion piece to the States after fiscal seal manhole covers in case of floods. But here is what I want to talk year 2000. Mr. Speaker, this bill will also enable about. I think it is time to look at Buy Having witnessed a number of natu- the President to help people who do not American laws and to enforce what ral disasters, regrettably in my own have disaster insurance make emer- Buy American laws are on the books. district and elsewhere, I know that gency repairs to their homes in a time- From Teletubbies to remotes lobbying hazard mitigation is best accomplished ly fashion. the Congress, the labels now read at the local level, where people tie According to the Federal Emergency ‘‘Made for U.S.A.’’ And if we look at it, down their roofs and board up their Management Agency, last year was one on first glance we think it is made in windows. This bill clearly moves in of the deadliest hurricane seasons in the U.S.A. But we need the Hubble tel- that direction. more than 200 years, killing about escope to look at it further, and it says This is a sound approach that will 10,000 people in eight countries and ‘‘Made for U.S.A.’’ in big print, and help our constituents at every stage of causing billions and billions of dollars down in microscopic print it says the process. Our communities will be in damage. Experts predict that this ‘‘Made in China.’’ Come on, now, I better prepared for disasters and, when year will even be worse, particularly in think we even have to toughen these one hits, the process to receive assist- the Atlantic basin. laws up. ance will be streamlined and more effi- Mr. Speaker, this June we had hor- Mr. Speaker, I am going have a little cient. I know that will be welcomed rible flooding in my home State of amendment. I congratulate the gentle- news. Massachusetts. The damage was so bad woman from Florida (Chairman Mr. Speaker, H.R. 707 complements that President Clinton declared seven FOWLER) on her very first bill. She is, an effort that the Committee on Rules Massachusetts counties disaster areas. in fact, making sure there will be has been working on in conjunction Thousands upon thousands of people enough money in this bill with her with the Committee on the Budget to applied for recovery assistance to re- amendment, and we on this side sup- fix our broken budget process. One of pair the damage, most of which was port her and her amendment. I notified the pillars of our bill, the Comprehen- caused by surge backup and overflows. my colleagues of my amendment, and I sive Budget Process Reform Act, is the Mr. Speaker, we all know that kind of hope it has time to get here. creation of a reserve fund to budget up damage is not always covered by prop- Mr. MOAKLEY. Mr. Speaker, I yield front for emergencies, an initiative erty insurance and people usually learn back the balance of my time. long championed by the gentleman about it just a little too late. This bill Mr. GOSS. Mr. Speaker, we have no from Delaware (Mr. CASTLE), the will help those people. requests for time at this point. I only former governor of Delaware. This bill is also based on the idea urge that Members support this fair, H.R. 707 enjoys the support of several that if we prepare for disasters now, we open rule. major organizations, including many will save people’s lives and people’s Mr. Speaker, I yield back the balance at the front lines such as the American property later. of my time, and I move the previous Red Cross and the National League of Conservative estimates are that this question on the resolution. Cities. In fact, the gentlewoman from bill will save $109 million over the first The previous question was ordered. Florida (Mrs. FOWLER) has been work- 5 years; and that is assuming that a The resolution was agreed to. ing closely with the administration dollar spent before disaster is only A motion to reconsider was laid on and has incorporated a number of rec- worth a dollar after disaster. And, Mr. the table. ommendations from them in this pack- Speaker, most people say the numbers f age. As a result, FEMA is also support- are even greater, that every dollar ing H.R. 707. spent now saves $3 later. Mr. Speaker, PERSONAL EXPLANATION Mr. Speaker, the bottom line is that either way, this bill will pay for itself Mr. OBERSTAR. Mr. Speaker, I was effective mitigation saves lives and and then some. inadvertently detained and unable to H966 CONGRESSIONAL RECORD — HOUSE March 4, 1999 vote on rollcall vote No. 32, the ‘‘Death (Chairman FOWLER) and the gentleman going up incrementally and, in the last on the High Seas Act.’’ Had I been from Ohio (Mr. TRAFICANT), sub- few years, almost explosively with the here, I obviously would have voted committee ranking minority member, number of disasters and the greater in- ‘‘aye.’’ for their work on this legislation, as tensity of disasters that we are seeing. f well as the gentleman from Pennsyl- b 1100 vania (Mr. BORSKI) and the gentleman DISASTER MITIGATION AND COST As the gentleman from Pennsylvania from New York (Mr. BOEHLERT). I also REDUCTION ACT OF 1999 want to thank the gentleman from (Chairman SHUSTER) said at one time, FEMA’s response to these tragedies The SPEAKER pro tempore (Mr. Minnesota (Mr. OBERSTAR), ranking GOSS). Pursuant to House Resolution 91 minority member of the full commit- was in itself a disaster. As chair of the oversight committee in the mid 1980s, I and rule XVIII, the Chair declares the tee, for his support. House in the Committee of the Whole Mr. Chairman, one final point, I want held hearings on the terrible response House on the State of the Union for the to emphasize my strong support for the of FEMA and of a plan, then, that would have shifted unacceptable cost consideration of the bill, H.R. 707. outstanding job that FEMA is doing. levels on local government as a result Years ago, FEMA itself was a disaster b 1055 of disasters. in many respects. But under the leader- IN THE COMMITTEE OF THE WHOLE Together with our colleagues on the ship of James Lee Witt and others at Republican side, we stopped that plan Accordingly, the House resolved FEMA, they are actually, in my judg- itself into the Committee of the Whole and reshaped the whole Federal Disas- ment, doing an outstanding job; and I ter Assistance Program, which has con- House on the State of the Union for the think the American people should consideration of the bill (H.R. 707) to tinued to be managed in an increas- know that. ingly better fashion. amend the Robert T. Stafford Disaster Mr. Chairman, I reserve the balance Relief and Emergency Assistance Act But in 1989, outlays, principally as a of my time. result of Hurricane Hugo were $1.2 bil- to authorize a program for predisaster The CHAIRMAN. Without objection, mitigation, to streamline the adminis- lion for disaster relief. That was a the gentleman from Ohio (Mr. TRAFI- milestone. That was the first time the tration of disaster relief, to control the CANT) will control the time allotted to Federal costs of disaster assistance, Federal Government had paid out for a the gentleman from Minnesota (Mr. single tragedy over $1 billion. and for other purposes, with Mr. OBERSTAR). Well, not this year, but in succeeding HEFLEY in the chair. There was no objection. years, we have been in excess of a $1 The Clerk read the title of the bill. Mr. TRAFICANT. Mr. Chairman, I billion every year outlay for disasters. The CHAIRMAN. Pursuant to the yield such time as he may consume to In 1994, it hit $5.4 billion for one year. rule, the bill is considered as having the gentleman from Minnesota (Mr. Last year, it dropped a little bit to $2 been read the first time. OBERSTAR), ranking Democrat on this billion. But still, those are extremely Under the rule, the gentleman from side. And if we left the Social Security high numbers. Pennsylvania (Mr. SHUSTER) and the issue up to the gentleman from Min- When we take a careful look at the gentleman from Minnesota (Mr. OBER- nesota and the gentleman from Penn- circumstances, the geography, the STAR) each will control 30 minutes. sylvania (Mr. SHUSTER), we would have local conditions, we find recurring pat- The Chair recognizes the gentleman less arguments and more results. terns. A very significant portion of from Pennsylvania (Mr. SHUSTER). Mr. OBERSTAR. Mr. Chairman, I rise what we are paying for disaster relief is Mr. SHUSTER. Mr. Chairman, I yield in support of H.R. 707, the Disaster for people, properties that have sus- myself such time as I may consume. Mitigation and Cost Reduction Act of tained prior losses that have not taken Mr. Chairman, I rise in strong sup- 1999. I greatly appreciate the initiative action to protect themselves against port of this legislation. that the gentleman from Pennsylvania these acts of nature. The bill addresses two separate (Chairman SHUSTER) has demonstrated What this bill does is it moves us in needs: increasing the predisaster haz- in moving this bill so quickly through the direction of not continuing to pay ard mitigation activities, as well as re- subcommittee, full committee, and to over and over again for the same losses ducing the costs of providing post-dis- the floor. to the same people in the same geo- aster assistance. It establishes a feder- I congratulate the gentleman from graphic areas for which we have pre- ally funded predisaster hazard mitiga- New York (Mr. BOEHLERT), chairman of viously paid for losses. tion program, and it authorizes $105 the Subcommittee on Water Resources We should not continue to shower million over 2 years for helping fund a and Environment, as well as the gen- Federal dollars and local and State dol- cost-effective hazard mitigation activ- tleman from Pennsylvania (Mr. BOR- lars on people who insist on remaining ity. SKI), the ranking member on that sub- in harm’s way without taking prevent- In addition, the bill increases the au- committee. This bill was heard in their ative measures. An old adage, an ounce thorization for post-disaster mitigation subcommittee in the last Congress. The of prevention is worth a pound of cure, funding by 33 percent. It also adopts bill has been reshaped and heard in a applies to this kind of Federal program measures that would modify and new subcommittee in this Congress, as well. streamline the current post-disaster and I again commend the gentlewoman Experience under section 404 of the assistance program with the intention from Florida (Chairman FOWLER) and Stafford Act provides for postdisaster of reducing Federal disaster assistance the gentleman from Ohio (Mr. TRAFI- mitigation, and it clearly shows that costs without adversely affecting disas- CANT), ranking member, for their mitigation is an effective way to limit ter victims. strong commitment to moving the leg- future damages; that is, postdisaster, There are two primary ways to re- islation forward and doing so very after tragedy has struck, take some ac- duce the costs of a natural disaster. quickly. tions to protect yourself against the One is to take measures that reduce Mr. Chairman, there are two main next one. our Nation’s vulnerability to hazards, elements that we are dealing with in It is a good initiative. We are and the other is to make current disas- this legislation: a predisaster mitiga- strengthening that response in this leg- ter programs more efficient. The bill tion program and streamlining of exist- islation. But it is not enough. We need does both. ing disaster assistance programs under to go further, as we learned from the This legislation is sponsored by Mem- the Stafford Act. history of these various kinds of trage- bers on both sides of the aisle and is I think this legislation has great po- dies and disasters that strike various supported by groups such as the Amer- tential to improve Federal, local and parts of our country. ican Red Cross, the National League of State government response to disas- The predisaster mitigation program Cities, the National Emergency Man- ters, reduce the cost of those responses focuses on local government initia- agement Association and the Associa- and do a better job for the victims of tives, private sector participation, and tion of State Floodplain Managers. disasters. leveraging of private sector participa- Mr. Chairman, I certainly congratu- The cost of the Federal, State, and tion. After all, we continue to reim- late the gentlewoman from Florida local response to disaster has been burse people and businesses who are in March 4, 1999 CONGRESSIONAL RECORD — HOUSE H967 harm’s way, and private sector should also want to thank the gentleman from burning statewide, every county in be a part of the advance protection. Ohio (Mr. TRAFICANT), my good friend, Florida felt the impact. The expectation is, and I say expecta- the subcommittee ranking member, I just want to give you a brief story tion because I do not want to overstate minority member, for his work on this about these fires, an example here. One the potential, the expectation is that legislation. I also want to thank the of my constituents, Greg Westin, a these initiatives, predisaster actions, gentleman from Pennsylvania (Chair- resident of Flagler County, and a dep- involving private sector, leveraging man SHUSTER) and the gentleman from uty sheriff, lost his home in the private sector resources will enhance Minnesota (Mr. OBERSTAR), ranking wildfires. In early July, Deputy Westin State mitigation plans that should be minority member of the full commit- left his home for work at 7 a.m. to as- developed in coordination and con- tee, for their support and their help to sist county officials and fire fighters sultation with local governments and me as well. with the ongoing fires. with FEMA. H.R. 707 would amend the Robert T. Throughout the day, Deputy Westin We are hopeful that this new pro- Stafford Disaster Relief and Emer- stayed in close contact with his wife gram is going to make a very useful gency Assistance Act to provide au- and two children to give them updates and significant contribution to control thorization for a predisaster mitigation on the fires. Then eventually he had to disaster losses before disaster strikes, program, and it would implement sev- tell his own family to evacuate. But so that when one is and this region is eral cost saving measures. Deputy Westin did not just give up. He struck, it will be better prepared to This legislation is substantially simi- continued to fight the fires on the op- withstand and will have lower losses. lar to legislation that was reported out posite side of the county. In fact, he Now there is a pilot project that, as of the full committee in the last Con- was working side by side with fire the gentleman from Pennsylvania gress. I want to commend the gen- fighters in the southern part of Flagler (Chairman SHUSTER) said, was devel- tleman from New York (Mr. BOEHLERT) County when his own home caught fire oped under the leadership of Director and the gentleman from Pennsylvania and burned to the ground. Witt at FEMA, called Project Impact. (Mr. BORSKI) for their efforts in devel- Among the homes he was trying to It has been widely praised by local oping that bill, and they are cosponsors save was a fellow employee of the sher- communities. Community focus, bot- of this bill. iff’s department. This was the kind of toms up planning, local involvement, This is a product of three hearings commitment and sacrifice that was all of which are good initiatives. Let us that were held during the last Congress demonstrated during those fires last hope this becomes a pattern, a model, a by the Subcommittee on Water Re- summer. I applaud Deputy Westin’s ef- good starting point for this new sources and Environment, and it re- forts. But more than that, I want to predisaster initiative we are authoriz- flects the careful work of State and help him and all of the other people ing in this legislation. local emergency managers and other who respond to these emergencies. But I emphasize from my previous State and local government officials. I believe that an emphasis on mitiga- experience in holding extensive hear- H.R. 707 focuses on two important tion could have spared the State and ings on disaster mitigation, it will re- issues. First, mitigation activities are my District from some of this devasta- quire extensive intergovernmental co- not set out as a high priority in the tion. ordination and cooperation. It is going current Stafford Act. This needs to A recent report that was issued by to have to start from the local level. change. H.R. 707 will, for the first time, our Governor’s Wildfire Response and The Federal Government is not going authorize Federal funding for cost ef- Mitigation Review Committee states to come in and do it for them. They fective predisaster mitigation projects. that, if Florida does not take the nec- have got to do it. They have got to The appropriators have funded an un- essary preventative efforts to ensure then coordinate with State and with authorized program for the last 3 fiscal wildfire safety, the devastation experi- FEMA well in advance of disasters and years. enced during the wildfires of 1998 will make some very tough decisions such Second, the cost of natural disasters not only be repeated, but will also in- as local zoning to keep people out of has been increasing to the point where crease in severity. harm’s way. If they do not do it, they Congress must take a hard look at Florida has already taken important should not expect to be compensated measures that control cost while still steps in the wake of these wildfires to for their failure to keep themselves out providing that critical assistance that prepare itself for future disasters and is of harm’s way. is needed by victims of disasters. using methods like control burns of un- We will have to undertake extensive H.R. 707 would adopt various stream- derbrush to prevent a similar disaster. oversight of this Project Impact and of lining and cost-cutting measures, I just want to point out that this leg- these future plans to see that they many of which were proposed by the islation will help alleviate the pain and really are focused on what we intend administration. The committee antici- suffering and property damage, not them to do. At stake are people’s lives, pates this bill will save $109 million only of Floridians, but also of all people’s well-being, the integrity of over the first 5 years and even more in Americans. It also has that added bene- communities, but also at stake are bil- the long run. fit of reducing our Federal cost. lions of dollars of Federal funds that In addition, the bill provides specific Mr. Chairman, I urge support for this are going to be called upon to reim- criteria and structure to a FEMA pro- legislation. burse local government and make them gram that currently has no such cri- Mr. TRAFICANT. Mr. Chairman, I whole after disaster has struck. teria or structure. yield as much time as he may consume We are off to a good start. I think Finally, the bill will require FEMA to the gentleman from Pennsylvania this is a very good move forward. I also to give greater authority and control (Mr. BORSKI), a gentleman who has think, at the same time, it is going to to State and local governments over much to do with the authorship of this require intense vigilance on the part of the administration of the mitigation legislation, his fine work with the gen- our committee and on the part of and disaster assistance programs. tleman from New York (Mr. BOEH- FEMA to make sure that it does work. Last year, the State of Florida, my LERT). It is in the right direction. I commend State endured one of the most tragic (Mr. BORSKI asked and was given the chairman for moving this legisla- natural disasters, wildfires. When the permission to revise and extend his re- tion. We are all going to have to make smoke had cleared and all of the fires marks.) an extra effort to make it work. were out, over half a million acres had Mr. BORSKI. Mr. Chairman, I rise in Mr. SHUSTER. Mr. Chairman, I am been burned. Three hundred homes strong support of H.R. 707, the Disaster pleased to yield 6 minutes to the dis- were damaged or completely destroyed, Mitigation and Cost Reduction Act of tinguished gentlewoman from Florida and numerous businesses were signifi- 1999. This bill is a result of bipartisan (Mrs. FOWLER), chairman of the Sub- cantly damaged or closed. cooperation over two Congresses. committee on Oversight, Investiga- My district suffered some of the In particular, I want to acknowledge tions and Emergency Management. heaviest damage with the entire coun- the hard work of my colleague and sub- Mrs. FOWLER. Mr. Chairman, I rise ty of Flagler being evacuated for safety committee chairman, the gentleman in strong support of this legislation. I precautions. With over 2,000 wildfires from New York (Mr. BOEHLERT), for his H968 CONGRESSIONAL RECORD — HOUSE March 4, 1999 work in laying a foundation for this Mr. Chairman, the 22nd Congres- Mr. Chairman, I believe the United bill in the last Congress in a truly bi- sional District of New York is notori- States does a better job than any other partisan fashion. That bipartisanship ous for its harsh winters, but no one country in the world in responding to has extended to this Congress and the could have prepared for the January, natural disasters. Yet, in the words of new leadership of the Subcommittee on 1998, ice storm disaster. Below-freezing Thomas Edison, ‘‘There’s always a way Oversight, Investigations and Emer- temperatures, coupled with record to do it better. Find it.’’ gency Management, the gentlewoman rainfall combined to coat a region ex- Simply put, my bill requires the di- from Florida (Mrs. FOWLER), and the tending from Western New York to rector of FEMA to find a better way to gentleman from Ohio (Mr. TRAFICANT), Maine in solid ice. As you all know, the help dairy farmers who are hit by a ranking member. results of this storm were devastating. natural disaster. I believe this legisla- This bill demonstrates how we can Seventeen lives were lost, and roughly tion is vital to provide a meaningful work together under the leadership of 1.5 million people were without elec- long-term benefit to the farm families the gentleman from Pennsylvania tricity, some for more than 3 weeks. I represent. I commend the gentle- (Chairman SHUSTER) and the gen- The hardest hit in the storm were the woman from Florida for her great work tleman from Minnesota (Mr. OBER- dairy farmers. The prolonged power and the members of the committee as STAR), ranking member, to accomplish outage severely jeopardized their live- well. a common goal, improving the health lihood. The production and distribution Mr. TRAFICANT. Mr. Chairman, I and safety of all of our citizens. abilities of the dairy community came yield such time as he may consume to Mr. Chairman, in the years that the to a sudden halt. Without power, the the gentleman from Maine (Mr. disaster relief program was within the farmers were unable to store or BALDACCI) and thank him for his work jurisdiction of the Subcommittee on produce milk properly. This resulted in on this bill and some of the interests Water Resources and Environment, we the loss of approximately 14 million he brings forward. had several opportunities to hear about pounds of milk, taking money right Mr. BALDACCI. Mr. Chairman, I the Federal response to disasters and, out of the dairy farmers’ pockets. thank the ranking member both for more importantly, about the need to do As a result of the storm, farmers that courtesy and for his leadership on something to reduce disaster-related were forced to apply to the Dairy Pro- the committee in bringing this legisla- losses in advance of disaster. We duction Disaster Assistance Program. tion forward, and also I wish to thank learned that it is better to be proactive To give my colleagues some under- the chairman and the subcommittee than reactive, and that is what this bill standing of the scope of the disaster, chairman for their work. is about. 362 farmers, Mr. Chairman, applied for A little over a year ago, Maine had As has been noted before, James Lee assistance and over $600,000 was com- suffered one of the worst storms of the Witt, the director of FEMA, has done a mitted. However, this process took in- century. It was the ice storm of the truly remarkable job in turning FEMA credible time, and some of the farmers century. Maine residents were without from one of the most criticized agen- still have not received their assistance. power for over 2 weeks, in most cases. cies in the Federal Government into Quite frankly, the response was not We are talking about nearly 70 percent one of its more shining examples of fast enough. The problem was that the of all the Maine households who lost Federal, State, local partnership. No people working in the field lacked the power for that period, affecting and im- longer does the old line ‘‘I’m from the authority to make critical decisions. pacting over 1.2 million people in the Federal Government, and I’m here to No action was taken until they State of Maine. help’’ elicit laughs, at least not where checked with their supervisors. This Lewiston, the second largest city in FEMA is concerned. time-consuming decision-making proc- the State of Maine, suffered nearly 100 What we are doing today is endorsing ess must be changed. percent power loss. Farmers and small Director Witt’s concept of providing as- Let me give a perfect example. A businesses were devastated by the ice sistance to communities in advance of constituent of mine who helped coordi- storm. That is why I strongly support disaster. We are endorsing Project Im- nate the disaster relief operations com- and worked with the committee to pact. I am optimistic that the invest- plained about the lack of a direct line make these reforms necessary so that, ment we are making today will return of communications with officials from next time around, the only natural dis- great dividends in future losses avoided FEMA. For instance, he told one offi- aster occurs is the one we are working to lives, property, and the national cial over the phone that the farmers to clean up, not the one after the gov- economy. were in desperate need of generators, ernment comes in to try to help people That is why I am so pleased to co- yet he had to make several appeals work on. sponsor this bill. with three separate people before the This is a bipartisan bill focusing our b 1115 message was heard. It still took over a attention on the pre- and post-disaster Mr. Chairman, I urge all of my col- week for the generators to arrive. mitigation assistance and better pre- leagues to support H.R. 707 on its final In the meantime, these farm families paring our communities for the future. passage. had no income. Going a week without I am in particular support of the pieces Mr. SHUSTER. Mr. Chairman, I yield power is a disruption to all of our lives, that deal with Maine farmers and for- 5 minutes to the gentleman from New but to be unable to make a living jeop- estry and dairy, who were especially York (Mr. SWEENEY), a distinguished ardizes one’s entire existence. hard hit. There was almost a delayed member of the committee. Actually, the first generators to response for getting assistance to our Mr. SWEENEY. Mr. Chairman, I reach the farmers were loaned by farm- farmers to make sure that milk was thank the gentleman for yielding me ers from other regions of the State. not lost or spoiled. The generator as- this time, and I also want to thank the They recognized the severity of the sit- sistance and others moved at a snail’s gentlewoman from Florida (Mrs. uation and acted accordingly. They pace. FOWLER). were able to ship generators to the Agriculture needs a faster, more effi- I rise today in strong support of H.R. needy farmers in just 2 days. cient system to better aid our farmers 707, the Disaster Mitigation and Cost Mr. Chairman, this type of relief and our small business people, and that Reduction Act. In particular, I would should not only occur because of the is why this bill calls for directing the like to stress the importance of section generosity and understanding of our FEMA director to develop a better ag- 208 to my constituents. neighbors. We must install a quicker, riculture system, working with the De- On the first day of the 106th Con- more decisive policy for providing im- partment of Agriculture to report back gress, also my first day in Congress, I mediate assistance to the agricultural to our committee in 180 days to develop introduced a bill that would help pro- community. a much better, more efficient system. vide emergency assistance to the dairy My language, included as section 208 So this is a first step. I want to com- farmers in my congressional district. I of the bill, begins to address this prob- mend the ranking members and the could not be more pleased that the lan- lem. It directs FEMA to develop meth- chairman of the committee for the guage of that bill has been incor- ods and procedures to accelerate emer- work that has gone on and their leader- porated into H.R. 707. gency relief to rural communities. ship on these issues, and I look forward March 4, 1999 CONGRESSIONAL RECORD — HOUSE H969 to working on more and more reforms impress the chairwoman, the gentle- penalize folks who, for no fault of their in the future. woman from Florida (Mrs. FOWLER), own, had their possessions wiped out. Mr. SHUSTER. Mr. Chairman, I yield with concerns in his district on land- Areas like Kelso, Washington, have no 3 minutes to the gentleman from Cali- slides and is to be given much legisla- alternative to an alternative project. fornia (Mr. MCKEON), a former member tive credit for his efforts. So reducing the Federal share in these of our committee. Mr. BAIRD. Mr. Chairman, we have situations would unfairly hurt these Mr. McKEON. Mr. Chairman, I thank introduced an amendment which has residents. the chairman of the committee, the been incorporated in the en bloc Included in the manager’s amend- gentleman from Pennsylvania (Mr. amendments to which the gentle- ment is a provision to preserve the 90 SHUSTER), for yielding me this time; woman from Florida will be speaking. percent funding level for alternative and I thank him and the subcommittee It has bipartisan support, but I rise projects where communities decide not chairman, the gentlewoman from Flor- now to give my colleagues a sense of to rebuild due to soil instability. ida (Mrs. FOWLER), for their leadership the rationale and the background and Frankly, that is a sound decision. Not in getting this bill to the floor. the need for it. rebuilding where the soil is unstable I rise in strong support of H.R. 707. I want to begin by thanking the will prevent disaster recurrence in the Every time disaster strikes, local gov- chairman, the gentleman from Penn- future. So this bill will not only pro- ernments are faced with the critical sylvania (Mr. SHUSTER); the sub- tect my local communities, in the long task of dealing with the recovery ef- committee chairman, the gentlewoman run it will save us money. forts. California is no stranger to natu- from Florida (Mrs. FOWLER); the rank- I would like to thank the committee ral disasters. In my district alone, we ing members, the gentleman from Min- again, the gentlewoman from Florida have had a severe earthquake and nesota (Mr. OBERSTAR) and the gen- and the chairman for their support, floods and fires in my time here in Con- tleman from Ohio (Mr. TRAFICANT); as and I very much appreciate this chance gress. Local governments have been well as the gentleman from New York to address this important amendment. forced to bear a tremendous fiscal bur- (Mr. BOEHLERT) and the gentleman Mr. TRAFICANT. Mr. Chairman, I den resulting from these unfortunate from Pennsylvania (Mr. BORSKI); and I yield such time as he may consume to events. particularly want to thank the com- the gentleman from Southern Ohio It is bad enough that homes, build- mittee staff. When I brought these con- (Mr. STRICKLAND) who has some con- ings and lives are destroyed at the cerns to the committee, the committee cerns as well. hands of nature, but our local govern- staff immediately worked with my of- Mr. STRICKLAND. Mr. Chairman, I ment are the means through which we fice and with FEMA to find an appro- rise today in support of H.R. 707. This can most effectively prepare for and re- priate solution. I want to thank Ken legislation streamlines the process spond to disasters. It is imperative Kopocis, Arthur Chan and Marcus Pea- used by individuals and families in ap- that we ease their financial burden and cock. plying for disaster assistance through do all we can to help them respond to Here is the situation we are dealing FEMA. H.R. 707 consolidates two exist- the needs of those people whose lives with. In my district a landslide, a slow- ing programs, the Temporary Housing are destroyed after a disaster strikes. moving landslide, has destroyed 137 Assistance Program and the Individual H.R. 707 does exactly that. Specifi- homes. The landslide moves a few and Family Grant Program into one. cally, it authorizes grants to help com- inches a day, but over the course of the This change will help speed relief to munities mitigate natural disasters last year people’s homes have been families who are hit hard by a disaster. and streamlines existing disaster relief moved as much as 200 to 300 feet down programs. Additionally, it includes a a hill and completely destroyed. We are Under current law, a family faced number of provisions that make cur- speaking today of a bill that is de- with damage due to flooding or another rent disaster programs more efficient. signed to reduce the cost of disasters natural disaster must first apply for More importantly, the bill will now by preventing them, and I strongly temporary housing assistance, a fully include measures to ensure local gov- support that. Clearly, a dollar saved in Federal program, and for a small busi- ernments are protected against in- prevention can save us $3 down the ness loan. If they do not qualify for ei- creased financial burdens. The man- road in recovery. ther of these programs, they are then ager’s amendment includes my amend- H.R. 707 reduces the Federal share for often referred to the State-run Individ- ment that provides a public comment alternative projects from 90 percent to ual and Family Grant Program for period when new or modified policies 75 percent. These projects are used help. The Individual and Family Grant are issued. In addition, the amendment when local governments decide not to Program generally assists low-income also prohibits any policy from being repair, restore or reconstruct public fa- families. Because of this two-part ap- applied retroactively. cilities. The amendment we have of- proach, families who are least capable So I want to extend my deepest fered today would ensure that commu- of shouldering the burden of a disaster thanks to the gentlewoman from Flor- nities which are unable to rebuild due often wait the longest for relief. Con- ida for allowing this language to be in- to unstable soil, such as a landslide, solidation of the Temporary Housing cluded in her manager’s amendment. I would still receive the higher Federal Assistance and Individual and Family would also like to acknowledge Marcus contribution; and there is a good rea- Grant Programs will relieve this pres- Peacock, on the chairman’s staff, for son for it. sure and speed relief to those who need his dedication to this issue. Finally, I The folks in my district built with it most. want to thank my colleagues on the good intent and every reason to believe I am particularly pleased that this California delegation for their support their homes would be safe. There had legislation also permits homeowners to on this issue, especially the gentleman been no landslide there before. They obtain grant funds to replace homes from California (Mr. JERRY LEWIS), the could not buy landslide insurance be- that are damaged in a disaster. Under gentleman from California (Mr. DAVID cause, as my colleagues may know, it current law, homeowners who sustain DREIER), the gentleman from California is very difficult. So they had every rea- minimal damage to their homes re- (Mr. STEVE HORN), the gentleman from son to believe they would be free from ceive grants of up to $10,000 to restore California (Mr. DUKE CUNNINGHAM) and disasters. Actually, some had built their home to pre-disaster conditions. the gentlewoman from California (Ms. above a floodplain, saying they did not However, homeowners who sustain sub- JUANITA MILLENDER-MCDONALD. want to be flooded out. They had done stantial damage, or whose homes are For these reasons, I strongly support the right thing. But here we have this destroyed, are not eligible for the H.R. 707 and urge my colleagues to vote landslide that has wiped them out. $10,000 grant. in favor of this bill. So what we want to do is make sure Tragically, the disaster victims who Mr. TRAFICANT. Mr. Chairman, I that in cases where the land is unsta- have been shut out of this grant pro- yield such time as he may consume to ble, where the local government de- gram are owners of mobile homes and the gentleman from Washington (Mr. cides not to rebuild, which I think is a other less expensive residences, the BAIRD), a young member who had a sig- prudent decision, we would provide the very people who need the grant the nificant role in this, who was able to full support of the current law and not most. H970 CONGRESSIONAL RECORD — HOUSE March 4, 1999 b 1130 the driving force for this in the last Mrs. FOWLER. Mr. Chairman, I rise in For example, consider this story Congress when the gentleman from strong support of this legislation. about a young couple in southern Ohio. Pennsylvania (Mr. SHUSTER) and the I also want to thank my good friend Sub- Their combined income was less than gentleman from Minnesota (Mr. OBER- committee Ranking Minority Member Traficant, $30,000 when their mobile home was de- STAR) brought it and made it possible. for his work on this legislation. I also want to stroyed by a flood in March of 1997. Time ran out in the Senate, we were thank Chairman Shuster and the Ranking Mi- Two days after the flood hit, a baby not able to have this bill enacted into nority Member of the Full Committee, Jim was born into their family. They had law, and here we are today. Oberstar for their support. no home and were unable to recover I think the bill speaks for itself. The H.R. 707 would amend the Robert T. Staf- the $10,000 grant that their neighbors, gentleman from Minnesota (Mr. OBER- ford Disaster Relief and Emergency Assist- whose homes were not destroyed, re- STAR) said an ounce of prevention is ance Act to provide authorization for a pre-dis- ceived. This couple was forced to move worth a pound of cure. The gentleman aster mitigation program, and implement sev- in with parents in a room, one room in from Maine (Mr. BALDACCI) said some- eral cost saving measures. a small home, and they were forced to times the disaster was really after the This legislation is substantially similar to leg- disaster, with FEMA. The new director, take out a loan to purchase a new mo- islation reported out of full Committee in the Mr. Witt, I believe, has brought a lot of bile home. Ironically, if they had last Congress. Congressmen Boehlert and wit and wisdom to this particular agen- owned a more expensive home, they Borski are to be commended for their efforts cy. I think that the gentlewoman’s ef- well could have received $10,000 in in developing that bill. forts to stabilize cost, cost efficiency grant funds and been able to return to It is the product of three hearings held dur- and to make sure there is enough their homes quickly. ing the last Congress by the Water Resources Last Congress, I introduced H.R. 2257, money in there by the nature of her Subcommittee and reflects the careful work of the Disaster Assistance Fairness Act, amendment, which she is to be com- state and local emergency managers, and mended for, because this side of the to correct this inequity. I am pleased other state and local government officials. aisle also felt that there may have been that the goals of that bill have been H.R. 707 focuses on two important issues: a little bit too drastic of measures in met by H.R. 707 today. The citizens of First, mitigation activities are not set out as this bill. That has been done. southern Ohio, which I represent, have high priority in the Stafford Act. This needs to I think we have a good bill before us. change. H.R. 707 will, for the first time, au- had extensive dealings with FEMA-run I think that FEMA becomes stronger disaster programs over the last several thorize federal funding for cost effective and better. I think local communities predisaster mitigation projects. Appropriators years. In most instances, FEMA em- have more of a say and there is more ployees have performed above and be- have funded an unauthorized program for the help to the average American who suf- last three fiscal years. yond the call of duty. However, current fers from some tragedy. law has hampered their ability to re- Second, the cost of natural disasters has With that, I am in strong support of been increasing to the point where Congress spond quickly to some of the most dif- this bill. must take a hard look at measures that control ficult disaster cases. The changes envi- Mr. KUYKENDALL. Mr. Chairman, I wish to costs, while still providing the critical assist- sioned in H.R. 707 should help restore raise two issues relating to the disaster assist- ance needed by victims of disasters. fairness to the process, and I thank ance bill we are about to consider. I think that H.R. 707 would adopt various streamlining those who are responsible for this wor- the attempt to streamline costs and place and cost-cutting measures, many of which thy bill. higher priority on predisaster mitigation are were proposed by the administration. Mr. SHUSTER. Mr. Chairman, I ask commendable goals. One of the provisions The Committee anticipates this bill will save unanimous consent that the gentle- within the bill would allow the President to $109 million over the first five years and even woman from Florida (Mrs. FOWLER) be contribute funds to governmental entities to re- more in the long run. permitted to control the balance of my pair public facilities, or to private nonprofit fa- In addition, the bill provides specific criteria time. cilities that are damaged but only if certain and structure to a FEMA program that cur- The CHAIRMAN. Is there objection stringent conditions are first met by the own- rently has no such criteria or structure. to the request of the gentleman from ers of these private facilities. (The Transpor- Finally, the bill will require FEMA to give Pennsylvania? tation Committee amended this provision to greater authority and control to state and local There was no objection. essentially eliminate the conditions for the re- governments over the administration of the Mr. TRAFICANT. Mr. Chairman, I covery of federal funds by these private non- mitigation and disaster assistance programs. yield myself such time as I may con- profit entities.) sume. I want to acknowledge the bipar- My concern is with the amendment. Specifi- Last year, the state of Florida endured one tisanship of the gentleman from Penn- cally, the original terms of the Stafford Act al- of the most tragic natural disastersÐwildfires. sylvania (Mr. SHUSTER), who is without ready limit the types of nonprofit entities that When the smoke had cleared and all the fires a doubt one of the great chairmen in may receive disaster relief to those providing were out, over a half million acres had been our Congress, and the gentleman from ``essential'' services. Again, this is a narrowly burned, 300 homes were damaged or com- Minnesota (Mr. OBERSTAR). The two of defined term. If the amendment is intended to pletely destroyed, and numerous businesses them working together have solved a get essential services back on line first, and were significantly damaged or closed. number of problems that people they worry about who picks up the tab later, My district suffered some of the heaviest thought were not solvable, believe me. it seems to me that the Stafford Act already damage, with the entire county of Flagler I also want to pay credit to the new accomplishes this. Now, we have established being evacuated for safety precautions. With chair, the gentlewoman from Florida essential services and critical services without over 2,000 wildfires burning statewide, every (Mrs. FOWLER), the great job that she clearly articulating the distinction. county felt the impact. has done on this and the way she opens My second concern, however, is far more Let me give you just a brief story about one up the committee and gives an oppor- serious. And that is that there are plenty of pri- of my constituents Greg Weston, a resident of tunity for everyone to have a say, even vate, for-profit entities that provide essential Flagler County and a Deputy Sheriff who lost the new Members. I want to thank her services. As the Washington area all too re- his home in the wildfires. In early July, Deputy for accommodating the concerns of the cently experienced with PEPCO customers Weston left his home for work at 7:00 a.m. to gentleman from Washington (Mr. down for more than a week during the cold assist county officials and firefighters with the BAIRD) who had problems with land- snap, sometimes these are the entities that ongoing fires. Throughout the day Deputy slides and was concerned about the leg- are hardest hit in emergencies. Now, PEPCO Weston stayed in close contact with his wife islation. I want the Congress to know is a pretty big company that could probably and two children to give them updates on the that not only did she take his issue to obtain emergency financing from other fires and then eventually told his family to heart, she made it a part of her man- sources. But the point is that we should not be evacuate. But Deputy Weston did not just give ager’s amendment, and we want to favoring one type of business entity over an- up. thank her for that. other with respect to disaster relief. The He continued to fight fires on the opposite I also want to commend the gen- amendment, however, does exactly this. side of the county. In fact, he was working tleman from Pennsylvania (Mr. BOR- I hope we might resolve these issues in side-by-side with firefighters in the southern SKI) and the gentleman from New York conference and yield back he balance of my part of Flagler when his own home caught fire (Mr. BOEHLERT). They basically were time. and burned to the ground. Among the homes March 4, 1999 CONGRESSIONAL RECORD — HOUSE H971 he was trying to save was a fellow employee colleagues for working on a bipartisan basis to State of California. Mr. Chairman, thank you at the Sheriff's Department. develop this common-sense measure. again for responding to our concerns on this This was the kind of commitment and sac- Mr. Chairman, H.R. 707 represents a critical issue. rifice that was demonstrated during last sum- step forward in disaster mitigation efforts. I Mr. TRAFICANT. Mr. Chairman, I mer. I applaud Deputy Weston's efforts, but urge my colleagues to support the bill. yield back the balance of my time. more than that, I want to help him and all the Ms. MILLENDER-MCDONALD, Mr. Chair- Mrs. FOWLER. Mr. Chairman, I have other people who respond to emergencies. man, I would like to thank the Chair and Rank- no further requests for time, and I I believe that an emphasis on mitigation ing Member of the Subcommittee on Over- yield back the balance of my time. could have spared the state, and my district, sight, and the Chair and the Ranking Member The CHAIRMAN. All time for general from some of this devastation. of the Full Committee on Transportation & In- debate has expired. A recent report issued by our Governor's frastructure for their attentiveness to the needs Pursuant to the rule, the committee Wildfire Response and Mitigation Review and concerns of California's municipal and amendment in the nature of a sub- Committee states that if Florida does not take county governments by including ``Due Proc- stitute printed in the bill shall be con- the necessary preventive efforts to ensure ess'' language in the Committee's Manager's sidered as an original bill for the pur- wildfire safety, the devastation experienced Amendment. This language has the bi-partisan pose of amendment under the 5-minute during the wildland fires of 1998 will not only support of the California Delegation, the Cali- rule by title, and each title shall be be repeated, but will also increase in severity. fornia State Association of Counties, and the considered read. Florida has already taken important steps in California League of Cities. During consideration of the bill for the wake of the wildfires to prepare itself for The fiscal burden that California's county amendment, the Chair may accord pri- future disasters and is using methods like con- and municipal governments have had to bear ority in recognition to a Member offer- trolled burns of underbrush to prevent a simi- as a result of natural disasters has grown dra- ing an amendment that he has printed lar disaster. matically over the last few years. The in- in the designated place in the CONGRES- Mr. Chairman, this legislation will help allevi- creased number and magnitude of natural dis- SIONAL RECORD. Those amendments ate the pain and suffering and property dam- asters is one of the major factors contributing will be considered read. age of not only Floridians, but also all Ameri- to this fiscal burden. While the Federal gov- The Chairman of the Committee of cans. ernment plays a key role in disaster recovery, the Whole may postpone until a time It also had the added benefit of reducing it is state and local governments that are ulti- during further consideration in the federal cost. mately charged with responding to the imme- Committee of the Whole a request for a I urge support of this important legislation. diate needs of citizens and businesses in the recorded vote on any amendment and Mr. BILIRAKIS. Mr. Chairman, I rise today aftermath of a natural disaster. Since state may reduce to not less than 5 minutes to support H.R. 707, the Disaster Mitigation and local governments must carry this burden, the time for voting by electronic de- and Cost Reduction Act of 1999. they should have a voice in the rulemaking vice on any postponed question that Florida occupies a unique position in our na- process. immediately follows another vote by tion's landscape. Unfortunately, natural disas- FEMA often provides for public participation electronic device without intervening ters often threaten my state's magnificent en- in the rulemaking process regarding its pro- business, provided that the time for vironment. In the past year alone, Florida has grams and functions, including matters that re- voting by electronic device on the first been devastated by floods, fires, and torna- late to public property, even though notices in any series of questions shall not be does. and public comment for rulemaking were not less than 15 minutes. Nationwide, the cost of responding to such required by law. That such due process meas- The Clerk will designate section 1. catastrophes has skyrocketed over the past ures are not required by law is a mistake that The text of section 1 is as follows: decade. According to the National Oceanic can have major financial repercussions. The Be it enacted by the Senate and House of Rep- and Atmospheric Administration, twenty-five result of failing to require public due process, resentatives of the United States of America in major weather-related incidents occurred from including the proper notification of policy modi- Congress assembled, 1988 through 1997, resulting in total damages fications, has obviously had an overwhelming SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Disaster Mitiga- of approximately $140 billion. fiscal impact on California's state and local tion and Cost Reduction Act of 1999’’. The most costly insured catastrophe in U.S. governments. In the aftermath of the 1995 The CHAIRMAN. Are there any history was Hurricane Andrew, which hit South winter storms, California's localities were not amendments to section 1? Florida in August 1992. It caused more than informed of FEMA's 1996 flood control policy Without objection, the remainder of $25 billion in damages and resulted in fifty- which listed the federal agencies responsible the committee amendment in the na- eight deaths. In the aftermath of this hurri- for funding flood control projects. As a result ture of a substitute will be printed in cane, many insurance companies no longer of this failure to disseminate vital information, the RECORD and open to amendment at provide coverage in Florida. As a result, my California local governments were denied mil- any point. constituents are concerned about the availabil- lions of dollars in funding from federal agen- There was no objection. ity and affordability of residential property in- cies for damaged incurred during the 1995 The text of the remainder of the com- surance. winter storms. mittee amendment in the nature of a I have cosponsored legislation to guarantee As the former Mayor Pro-tempore of the substitute is as follows: that homeowners have access to affordable City of Carson and the former Chair of the SEC. 2. AMENDMENTS TO ROBERT T. STAFFORD disaster insurance. I have been working with California Assembly's Committee on Insur- DISASTER RELIEF AND EMERGENCY the Florida delegation to enact this important ance, I am all too familiar with these problems ASSISTANCE ACT. measure. and understand the need for due process re- Except as otherwise specifically provided, Prevention is critical to reducing the eco- quirements and public comment in the rule- whenever in this Act an amendment or repeal is nomic costs and loss of life when severe making process. The language included in this expressed in terms of an amendment to, or re- weather strikes. To that end, I held a work- peal of, a section or other provision of law, the Manager's Amendment requires FEMA to pro- reference shall be considered to be made to a shop in my district last year on Project Impact, vide public comment before adopting any new section or other provision of the Robert T. Staf- an initiative sponsored by the Federal Emer- or modified policy that would have a ``nontriv- ford Disaster Relief and Emergency Assistance gency Management Agency (FEMA). Project ial'' impact on the amount of disaster assist- Act (42 U.S.C. 5121 et seq.). Impact helps communities prepare for natural ance that may be provided to a state and local TITLE I—PREDISASTER HAZARD disasters by establishing a partnership be- government. The language further prohibits MITIGATION tween citizens, businesses and government. It FEMA from adopting any new or modified pol- SEC. 101. FINDINGS AND PURPOSE. also encourages communities to act now to icy that would retroactively reduce the amount (a) FINDINGS.—Congress finds that— reduce the threat of future calamities. of assistance provided to state and local gov- (1) greater emphasis needs to be placed on Congress must take a more pro-active ap- ernments in the wake of a natural disaster. identifying and assessing the risks to State and proach to disaster mitigation. H.R. 707, spon- Again, I would like to thank my California local communities and implementing adequate measures to reduce losses from natural disasters sored by Congresswoman FOWLER and Con- Colleagues, Representatives STEVE HORN, and to ensure that critical facilities and public gressman TRAFICANT, achieves this goal. ELLEN TAUSCHER, BUCK MCKEON, BOB FILNER, infrastructure will continue to function after a Through this bill, states will be able to accu- JERRY LEWIS, GARY MILLER, STEVE disaster; rately assess the risks of natural disasters and KUYKENDALL, AND JOHN DOOLITTLE for their (2) expenditures for post-disaster assistance reduce the resulting damages. I commend my work together to protect the interests of the are increasing without commensurate reduction H972 CONGRESSIONAL RECORD — HOUSE March 4, 1999 in the likelihood of future losses from such nat- nancial assistance it receives under this section the total cost of mitigation activities in small im- ural disasters; in a fiscal year for funding activities to dissemi- poverished communities. (3) a high priority in the expenditure of Fed- nate information regarding cost effective mitiga- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— eral funds under the Robert T. Stafford Disaster tion technologies (such as preferred construction There is authorized to be appropriated to carry Relief and Emergency Assistance Act should be practices and materials), including establishing out this section $25,000,000 for fiscal year 1999 to implement predisaster activities at the local and maintaining centers for protection against and $80,000,000 for fiscal year 2000. level; and natural disasters to carry out such dissemina- ‘‘(i) AUTHORIZATION OF SECTION 404 FUNDS.— (4) with a unified effort of economic incen- tion. Effective October 1, 2000, in addition to amounts tives, awareness and education, technical assist- ‘‘(c) ALLOCATION OF FUNDS.—The amount of appropriated under subsection (h) from only ap- ance, and demonstrated Federal support, States financial assistance to be made available to a propriations enacted after October 1, 2000, the and local communities will be able to increase State, including amounts made available to President may use, to carry out this section, their capabilities to form effective community- local governments of such State, under this sec- funds that are appropriated to carry out section based partnerships for mitigation purposes, im- tion in a fiscal year shall— 404 for post-disaster mitigation activities that plement effective natural disaster mitigation ‘‘(1) not be less than the lesser of $500,000 or have not been obligated within 30 months of the measures that reduce the risk of future damage, 1.0 percent of the total funds appropriated to disaster declaration upon which the funding hardship, and suffering, ensure continued func- carry out this section for such fiscal year; but availability is based. tioning of critical facilities and public infra- ‘‘(2) not exceed 15 percent of such total funds. ‘‘(j) REPORT ON FEDERAL AND STATE ADMINIS- structure, leverage additional non-Federal re- ‘‘(d) CRITERIA.—Subject to the limitations of TRATION.—Not later than 18 months after the sources into meeting disaster resistance goals, subsections (c) and (e), in determining whether date of enactment of the Disaster Mitigation and make commitments to long-term mitigation to provide assistance to a State or local govern- and Cost Reduction Act of 1999, the President, efforts in new and existing structures. ment under this section and the amount of such in consultation with State and local govern- (b) PURPOSE.—It is the purpose of this title to assistance, the President shall consider the fol- ments, shall transmit to Congress a report evalu- establish a predisaster hazard mitigation pro- lowing criteria: ating efforts to implement this section and rec- gram that— ‘‘(1) The clear identification of prioritized ommending a process for transferring greater (1) reduces the loss of life and property, cost-effective mitigation activities that produce authority and responsibility for administering human suffering, economic disruption, and dis- meaningful and definable outcomes. the assistance program authorized by this sec- aster assistance costs resulting from natural ‘‘(2) If the State has submitted a mitigation tion to capable States.’’. hazards; and program in cooperation with local governments SEC. 105. INTERAGENCY TASK FORCE. (2) provides a source of predisaster hazard under section 201(c), the degree to which the ac- The President shall establish an interagency mitigation funding that will assist States and tivities identified in paragraph (1) are consistent task force for the purpose of coordinating the local governments in implementing effective with the State mitigation program. implementation of the predisaster hazard miti- mitigation measures that are designed to ensure ‘‘(3) The extent to which assistance will fund gation program authorized by section 203 of the the continued functioning of critical facilities activities that mitigate hazards evaluated under Robert T. Stafford Disaster Relief and Emer- and public infrastructure after a natural disas- section 409. gency Assistance Act. The Director of the Fed- ter. ‘‘(4) The opportunity to fund activities that eral Emergency Management Agency shall chair SEC. 102. STATE MITIGATION PROGRAM. maximize net benefits to society. such task force. Section 201(c) (42 U.S.C. 5131(c)) is amended— ‘‘(5) The ability of the State or local govern- ment to fund mitigation activities. SEC. 106. MAXIMUM CONTRIBUTION FOR MITIGA- (1) by striking ‘‘and’’ at the end of paragraph TION COSTS. ‘‘(6) The extent to which assistance will fund (1); (a) IN GENERAL.—Section 404(a) (42 U.S.C. mitigation activities in small impoverished com- (2) by striking the period at the end of para- 5170c(a)) is amended by striking ‘‘15 percent’’ munities. graph (2) and inserting ‘‘; and’’; and and inserting ‘‘20 percent’’. ‘‘(7) The level of interest by the private sector (3) by adding at the end the following: (b) APPLICABILITY.—The amendment made by to enter into a partnership to promote mitiga- ‘‘(3) set forth, with the ongoing cooperation of subsection (a) shall apply to major disasters de- tion. local governments and consistent with section clared under the Robert T. Stafford Disaster Re- 409, a comprehensive and detailed State program ‘‘(8) Such other criteria as the President es- tablishes in consultation with State and local lief Act and Emergency Assistance Act after for mitigating against emergencies and major January 1, 1997. disasters, including provisions for prioritizing governments. SEC. 107. CONFORMING AMENDMENT. mitigation measures.’’. ‘‘(e) STATE NOMINATIONS.— ‘‘(1) IN GENERAL.—The Governor of each State The heading for title II is amended to read as SEC. 103. DISASTER ASSISTANCE PLANS. may recommend to the President not less than 5 follows: Section 201(d) (42 U.S.C. 5131(d)) is amended local governments to receive assistance under to read as follows: ‘‘TITLE II—DISASTER PREPAREDNESS AND this section. The recommendations shall be sub- MITIGATION ASSISTANCE’’. ‘‘(d) GRANTS FOR DISASTER ASSISTANCE AND mitted to the President not later than October 1, HAZARD IDENTIFICATION.—The President is au- TITLE II—STREAMLINING AND COST 1999, and each October 1st thereafter or such thorized to make grants for— REDUCTION later date in the year as the President may es- ‘‘(1) not to exceed 50 percent of the cost of im- tablish. In making such recommendations, the SEC. 201. MANAGEMENT COSTS. proving, maintaining, and updating State disas- Governors shall consider the criteria identified (a) IN GENERAL.—Title III (42 U.S.C. 5141– ter assistance plans including, consistent with in subsection (d). 5164) is amended by adding at the end the fol- section 409, evaluation of natural hazards and ‘‘(2) USE.— lowing: development of the programs and actions re- ‘‘(A) GENERAL RULE.—In providing assistance ‘‘SEC. 322. MANAGEMENT COSTS. quired to mitigate such hazards; and to local governments under this section, the ‘‘(a) IN GENERAL.—Notwithstanding any other ‘‘(2) the development and application of im- President shall select from local governments provision of law (including any administrative proved floodplain mapping technologies that recommended by the Governors under this sub- rule or guidance), the President shall establish can be used by Federal, State, and local govern- section. by rule management cost rates for grantees and ments and that the President determines will ‘‘(B) WAIVER.—Upon request of a local gov- subgrantees. Such rates shall be used to deter- likely result in substantial savings over current ernment, the President may waive the limitation mine contributions under this Act for manage- floodplain mapping methods.’’. in subparagraph (A) if the President determines ment costs. SEC. 104. PREDISASTER HAZARD MITIGATION. that extraordinary circumstances justify the ‘‘(b) MANAGEMENT COSTS DEFINED.—Manage- Title II (42 U.S.C. 5131–5132) is amended by waiver and that granting the waiver will fur- ment costs include indirect costs, administrative adding at the end the following: ther the purpose of this section. expenses, associated expenses, and any other ex- ‘‘SEC. 203. PREDISASTER HAZARD MITIGATION. ‘‘(3) EFFECT OF FAILURE TO NOMINATE.—If a penses not directly chargeable to a specific ‘‘(a) GENERAL AUTHORITY.—The President Governor of a State fails to submit recommenda- project under a major disaster, emergency, or may establish a program to provide financial as- tions under this subsection in a timely manner, emergency preparedness activity or measure. sistance to States and local governments for the the President may select, subject to the criteria Such costs include the necessary costs of re- purpose of undertaking predisaster hazard miti- in subsection (d), any local governments of the questing, obtaining, and administering Federal gation activities that are cost effective and sub- State to receive assistance under this section. assistance and costs incurred by a State for stantially reduce the risk of future damage, ‘‘(f) SMALL IMPOVERISHED COMMUNITIES.—For preparation of damage survey reports, final in- hardship, or suffering from a major disaster. the purpose of this section, the term ‘small im- spection reports, project applications, final au- ‘‘(b) PURPOSE OF ASSISTANCE.— poverished communities’ means communities of dits, and related field inspections by State em- ‘‘(1) IN GENERAL.—Except as provided in para- 3,000 or fewer individuals that are economically ployees, including overtime pay and per diem graph (2), a State or local government that re- disadvantaged, as determined by the State in and travel expenses of such employees, but not ceives financial assistance under this section which the community is located and based on including pay for regular time of such employ- shall use the assistance for funding activities criteria established by the President. ees. that are cost effective and substantially reduce ‘‘(g) FEDERAL SHARE.—Financial assistance ‘‘(c) REVIEW.—The President shall review the the risk of future damage, hardship, or suffering provided under this section may contribute up management cost rates established under sub- from a major disaster. to 75 percent of the total cost of mitigation ac- section (a) not later than 3 years after the date ‘‘(2) DISSEMINATION.—The State or local gov- tivities approved by the President; except that of establishment of such rates and periodically ernment may use not more than 10 percent of fi- the President may contribute up to 90 percent of thereafter.’’. March 4, 1999 CONGRESSIONAL RECORD — HOUSE H973

(b) APPLICABILITY.—Section 322 of the Robert to be necessary to meet a need for governmental ‘‘(5) SPECIAL RULE.—In any case in which the T. Stafford Disaster Relief and Emergency As- services and functions in the area affected by facility being repaired, restored, reconstructed, sistance Act (as added by subsection (a) of this the major disaster. or replaced under this section was under con- section) shall apply as follows: ‘‘(2) FOR PRIVATE NONPROFIT FACILITIES.— struction on the date of the major disaster, the (1) Subsections (a) and (b) of such section 322 ‘‘(A) IN GENERAL.—In any case where a per- cost of repairing, restoring, reconstructing, or shall apply to major disasters declared under son who owns or operates a private nonprofit replacing such facility shall include, for pur- such Act on or after the date of enactment of facility determines that the public welfare poses of this section, only those costs which, this Act. Until the date on which the President would not be best served by repairing, restoring, under the contract for such construction, are establishes the management cost rates under reconstructing, or replacing such facility, such the owner’s responsibility and not the contrac- such subsection, section 406(f) shall be used for person may elect to receive, in lieu of a con- tor’s responsibility.’’. establishing such rates. tribution under subsection (a)(1)(B), a contribu- (2) EFFECTIVE DATE.—The amendment made (2) Subsection (c) of such section 322 shall tion of 75 percent of the Federal share of the by paragraph (1) shall take effect on the date of apply to major disasters declared under such Federal estimate of the cost of repairing, restor- enactment of this Act, and shall only apply to Act on or after the date on which the President ing, reconstructing, or replacing such facility funds appropriated after the date of enactment establishes such rates under subsection (a) of and of management expenses. of this Act; except that paragraph (1) of section such section 322. ‘‘(B) USE OF FUNDS.—Funds contributed to a 406(e) of the Robert T. Stafford Disaster Relief SEC. 202. ASSISTANCE TO REPAIR, RESTORE, RE- person under this paragraph may be used to re- and Emergency Assistance Act (as amended by CONSTRUCT, OR REPLACE DAMAGED pair, restore, or expand other selected private paragraph (1) of this subsection) shall take ef- FACILITIES. nonprofit facilities owned or operated by the fect on the date that the procedures developed (a) CONTRIBUTIONS.—Section 406(a) (42 U.S.C. person, to construct new private nonprofit fa- under paragraph (3) of such section take effect. 5172(a)) is amended to read as follows: cilities to be owned or operated by the person, or (e) ASSOCIATED EXPENSES.— ‘‘(a) CONTRIBUTIONS.— to fund hazard mitigation measures that the (1) IN GENERAL.—Section 406 (42 U.S.C. 4172) ‘‘(1) IN GENERAL.—The President may make person determines to be necessary to meet a need is amended by striking subsection (f). contributions— for its services and functions in the area af- (2) OTHER ELIGIBLE COSTS.—Section 406(e) (42 ‘‘(A) to a State or local government for the re- fected by the major disaster. U.S.C. 5172(e)), as amended by subsection (d) of pair, restoration, reconstruction, or replacement ‘‘(3) MODIFICATION OF FEDERAL SHARE.—The this section, is amended by adding at the end of a public facility which is damaged or de- President shall modify the Federal share of the the following: stroyed by a major disaster and for associated cost estimate provided in paragraphs (1) and (2) ‘‘(6) OTHER ELIGIBLE COSTS.—For purposes of expenses incurred by such government; and if the President determines an alternative cost this section, other eligible costs include the fol- ‘‘(B) subject to paragraph (2), to a person who share will likely reduce the total amount of Fed- lowing: owns or operates a private nonprofit facility eral assistance provided under this section. The ‘‘(A) COSTS OF NATIONAL GUARD.—The cost of damaged or destroyed by a major disaster for Federal cost share for purposes of paragraphs mobilizing and employing the National Guard the repair, restoration, reconstruction, or re- (1) and (2) shall not exceed 90 percent and shall for performance of eligible work. placement of such facility and for associated ex- not be less than 50 percent.’’. ‘‘(B) COSTS OF PRISON LABOR.—The costs of penses incurred by such person. (d) ELIGIBLE COST.— using prison labor to perform eligible work, in- (1) IN GENERAL.—Section 406(e) (42 U.S.C. ‘‘(2) CONDITIONS FOR ASSISTANCE TO PRIVATE cluding wages actually paid, transportation to a 5172(e)) is amended to read as follows: NONPROFIT FACILITIES.— worksite, and extraordinary costs of guards, ‘‘(e) ELIGIBLE COST.— ‘‘(A) IN GENERAL.—The President may make food, and lodging. contributions to a private nonprofit facility ‘‘(1) IN GENERAL.—For the purposes of this THER LABOR COSTS.—Base and overtime section, the estimate of the cost of repairing, re- ‘‘(C) O under paragraph (1)(B) only if— wages for an applicant’s employees and extra storing, reconstructing, or replacing a public fa- ‘‘(i) the facility provides critical services (as hires performing eligible work plus fringe bene- cility or private nonprofit facility on the basis of defined by the President) in the event of a major fits on such wages to the extent that such bene- the design of such facility as it existed imme- disaster; or fits were being paid before the disaster.’’. ‘‘(ii)(I) the owner or operator of the facility diately before the major disaster and in con- (3) EFFECTIVE DATE.—Paragraphs (1) and (2) has applied for a disaster loan under section formity with current applicable codes, specifica- shall take effect on the date on which the Presi- 7(b) of the Small Business Act (15 U.S.C. 636(b)); tions, and standards (including floodplain man- dent establishes management cost rates under and agement and hazard mitigation criteria required section 322(a) of the Robert T. Stafford Disaster ‘‘(II) has been determined to be ineligible for by the President or by the Coastal Barrier Re- Relief and Emergency Assistance Act (as added such a loan; or sources Act (16 U.S.C. 3501 et seq.)) shall be by section 201(a) of this Act). The amendment ‘‘(III) has obtained such a loan in the maxi- treated as the eligible cost of such repair, res- made by paragraph (1) shall only apply to dis- mum amount for which the Small Business Ad- toration, reconstruction, or replacement. Subject asters declared by the President under such Act ministration determines the facility is eligible. to paragraph (2), the President shall use the after the date on which the President estab- ‘‘(B) CRITICAL SERVICES DEFINED.—In this cost estimation procedures developed under lishes such cost rates. paragraph, the term ‘critical services’ includes, paragraph (3) to make the estimate under this but is not limited to, power, water, sewer, waste- paragraph. SEC. 203. FEDERAL ASSISTANCE TO INDIVIDUALS water treatment, communications, and emer- ‘‘(2) MODIFICATION OF ELIGIBLE COST.—In the AND HOUSEHOLDS. gency medical care.’’. event the actual cost of repairing, restoring, re- (a) IN GENERAL.—Section 408 (42 U.S.C. 5174) (b) MINIMUM FEDERAL SHARE.—Section 406(b) constructing, or replacing a facility under this is amended to read as follows: (42 U.S.C. 5172(b)) is amended to read as fol- section is more than 120 percent or less than 80 ‘‘SEC. 408. FEDERAL ASSISTANCE TO INDIVID- lows: percent of the cost estimated under paragraph UALS AND HOUSEHOLDS. ‘‘(b) MINIMUM FEDERAL SHARE.—The Federal (1), the President may determine that the eligi- ‘‘(a) GENERAL AUTHORITY.—Subject to the re- share of assistance under this section shall be ble cost be the actual cost of such repair, res- quirements of this section, the President, in con- not less than 75 percent of the eligible cost of re- toration, reconstruction, or replacement. The sultation with the Governor of the affected pair, restoration, reconstruction, or replacement government or person receiving assistance under State, may provide financial assistance, and, if carried out under this section.’’. this section shall reimburse the President for the necessary, direct services, to disaster victims (c) LARGE IN-LIEU CONTRIBUTIONS.—Section portion of such assistance that exceeds the eligi- who as a direct result of a major disaster have 406(c) (42 U.S.C. 5172(c)) is amended to read as ble cost of such repair, restoration, reconstruc- necessary expenses and serious needs where follows: tion, or replacement. such victims are unable to meet such expenses or ‘‘(c) LARGE IN-LIEU CONTRIBUTIONS.— ‘‘(3) USE OF SURPLUS FUNDS.—In the event the needs through other means. ‘‘(1) FOR PUBLIC FACILITIES.— actual cost of repairing, restoring, reconstruct- ‘‘(b) HOUSING ASSISTANCE.— ‘‘(A) IN GENERAL.—In any case in which a ing, or replacing a facility under this section is ‘‘(1) ELIGIBILITY.—The President may provide State or local government determines that the less than 100 percent but not less than 80 per- financial or other assistance under this section public welfare would not be best served by re- cent of the cost estimated under paragraph (1), to individuals and families to respond to the dis- pairing, restoring, reconstructing, or replacing the government or person receiving assistance aster-related housing needs of those who are any public facility owned or controlled by such under this section shall use any surplus funds displaced from their predisaster primary resi- State or local government, the State or local to perform activities that are cost-effective and dences or whose predisaster primary residences government may elect to receive, in lieu of a reduce the risk of future damage, hardship, or are rendered uninhabitable as a result of dam- contribution under subsection (a)(1)(A), a con- suffering from a major disaster. age caused by a major disaster. tribution of 75 percent of the Federal share of ‘‘(4) EXPERT PANEL.—Not later than 18 months ‘‘(2) DETERMINATION OF APPROPRIATE TYPES the Federal estimate of the cost of repairing, re- after the date of enactment of the Disaster Miti- OF ASSISTANCE.—The President shall determine storing, reconstructing, or replacing such facil- gation and Cost Reduction Act of 1999, the appropriate types of housing assistance to be ity and of management expenses. President, acting through the Director of the provided to disaster victims under this section ‘‘(B) USE OF FUNDS.—Funds contributed to a Federal Emergency Management Agency, shall based upon considerations of cost effectiveness, State or local government under this paragraph establish an expert panel, including representa- convenience to disaster victims, and such other may be used to repair, restore, or expand other tives from the construction industry, to develop factors as the President may consider appro- selected public facilities, to construct new facili- procedures for estimating the cost of repairing, priate. One or more types of housing assistance ties, or to fund hazard mitigation measures restoring, reconstructing, or replacing a facility may be made available, based on the suitability which the State or local government determines consistent with industry practices. and availability of the types of assistance, to H974 CONGRESSIONAL RECORD — HOUSE March 4, 1999

meet the needs of disaster victims in the particu- ‘‘(A) SALE TO OCCUPANTS.— SEC. 205. STATE ADMINISTRATION OF HAZARD lar disaster situation. ‘‘(i) IN GENERAL.—Notwithstanding any other MITIGATION PROGRAM. ‘‘(c) TYPES OF HOUSING ASSISTANCE.— provision of law, a temporary housing unit pur- Section 404 (42 U.S.C. 5170c) is amended by ‘‘(1) TEMPORARY HOUSING.— chased under this section by the President for adding at the end the following: ‘‘(A) FINANCIAL ASSISTANCE.— the purposes of housing disaster victims may be ‘‘(c) PROGRAM ADMINISTRATION BY STATES.— ‘‘(i) IN GENERAL.—The President may provide sold directly to the individual or household who ‘‘(1) IN GENERAL.—A State desiring to admin- financial assistance under this section to indi- is occupying the unit if the individual or house- ister the hazard mitigation assistance program viduals or households to rent alternate housing hold needs permanent housing. established by this section with respect to haz- accommodations, existing rental units, manufac- ‘‘(ii) SALES PRICE.—Sales of temporary hous- ard mitigation assistance in the State may sub- tured housing, recreational vehicles, or other ing units under clause (i) shall be accomplished mit to the President an application for the dele- readily fabricated dwellings. at prices that are fair and equitable. gation of such authority. ‘‘(ii) AMOUNT.—The amount of assistance ‘‘(iii) DEPOSIT OF PROCEEDS.—Notwithstand- ‘‘(2) CRITERIA.—The President, in consulta- under clause (i) shall be based on the fair mar- ing any other provision of law, the proceeds of tion with States and local governments, shall es- ket rent for the accommodation being furnished a sale under clause (i) shall be deposited into tablish criteria for the approval of applications plus the cost of any transportation, utility the appropriate Disaster Relief Fund account. submitted under paragraph (1). The criteria hookups, or unit installation not being directly ‘‘(iv) USE OF GSA SERVICES.—The President shall include, at a minimum, the following: provided by the President. may use the services of the General Services Ad- ‘‘(A) The demonstrated ability of the State to ‘‘(B) DIRECT ASSISTANCE.— ministration to accomplish a sale under clause manage the grant program under this section. ‘‘(i) IN GENERAL.—The President may also di- (i). ‘‘(B) Submission of the plan required under rectly provide under this section housing units, ‘‘(B) OTHER METHODS OF DISPOSAL.— section 201(c). acquired by purchase or lease, to individuals or ‘‘(i) SALE.—If not disposed of under subpara- ‘‘(C) A demonstrated commitment to mitiga- households who, because of a lack of available graph (A), a temporary housing unit purchased tion activities. housing resources, would be unable to make use by the President for the purposes of housing dis- ‘‘(3) APPROVAL.—The President shall approve of the assistance provided under subparagraph aster victims may be resold. an application submitted under paragraph (1) (A). ‘‘(ii) DISPOSAL TO GOVERNMENTS AND VOL- that meets the criteria established under para- ‘‘(ii) PERIOD OF ASSISTANCE.—The President UNTARY ORGANIZATIONS.—A temporary housing graph (2). may not provide direct assistance under clause unit described in clause (i) may also be sold, ‘‘(4) WITHDRAWAL OF APPROVAL.—If, after ap- (i) with respect to a major disaster after the ex- transferred, donated, or otherwise made avail- proving an application of a State submitted piration of the 18-month period beginning on able directly to a State or other governmental under paragraph (1), the President determines the date of the declaration of the major disaster entity or to a voluntary organization for the that the State is not administering the hazard by the President, except that the President may sole purpose of providing temporary housing to mitigation assistance program established by extend such period if the President determines disaster victims in major disasters and emer- this section in a manner satisfactory to the that due to extraordinary circumstances an ex- gencies if, as a condition of such sale, transfer, President, the President shall withdraw such tension would be in the public interest. or donation, the State, other governmental approval. ‘‘(iii) COLLECTION OF RENTAL CHARGES.—After agency, or voluntary organization agrees to ‘‘(5) AUDITS.—The President shall provide for the expiration of the 18-month period referred to comply with the nondiscrimination provisions of periodic audits of the hazard mitigation assist- in clause (ii), the President may charge fair section 308 and to obtain and maintain hazard ance programs administered by States under this market rent for the accommodation being pro- and flood insurance on the housing unit. subsection.’’. vided. ‘‘(e) FINANCIAL ASSISTANCE TO ADDRESS SEC. 206. STATE ADMINISTRATION OF DAMAGED ‘‘(2) REPAIRS.—The President may provide fi- OTHER NEEDS.— FACILITIES PROGRAM. nancial assistance for the repair of owner-occu- ‘‘(1) MEDICAL, DENTAL, AND FUNERAL EX- (a) PILOT PROGRAM.—In cooperation with pied private residences, utilities, and residential PENSES.—The President, in consultation with States and local governments and in coordina- infrastructure (such as private access routes) the Governor of the affected State, may provide tion with efforts to streamline the delivery of damaged by a major disaster to a habitable or financial assistance under this section to an in- disaster relief assistance, the President shall functioning condition. A recipient of assistance dividual or household adversely affected by a conduct a pilot program for the purpose of de- provided under this paragraph need not show major disaster to meet disaster-related medical, termining the desirability of State administra- that the assistance can be met through other dental, and funeral expenses. tion of parts of the assistance program estab- means, except insurance proceeds, if the assist- ‘‘(2) PERSONAL PROPERTY, TRANSPORTATION, lished by section 406 of the Robert T. Stafford ance is used for emergency repairs to make a AND OTHER EXPENSES.—The President, in con- Disaster Relief and Emergency Assistance Act private residence habitable and does not exceed sultation with the Governor of the affected (42 U.S.C. 5172). $5,000 (based on fiscal year 1998 constant dol- State, may provide financial assistance under (b) STATE PARTICIPATION.— lars). this section to an individual or household de- (1) CRITERIA.—The President may establish ‘‘(3) REPLACEMENT.—The President may pro- scribed in paragraph (1) to address personal criteria in order to ensure the appropriate imple- vide financial assistance for the replacement of property, transportation, and other necessary mentation of the pilot program under subsection owner-occupied private residences damaged by a expenses or serious needs resulting from the (a). major disaster. Assistance provided under this major disaster. (2) MINIMUM NUMBER OF STATES.—The Presi- paragraph shall not exceed $10,000 (based on fis- ‘‘(f) STATE ROLE.—The President shall provide dent shall conduct the pilot program under sub- cal year 1998 constant dollars). The President for the substantial and ongoing involvement of section (a) in at least 2 States. may not waive any provision of Federal law re- the affected State in administering the assist- (c) REPORT.—Not later than 3 years after the quiring the purchase of flood insurance as a ance under this section. date of enactment of this Act, the President condition for the receipt of Federal disaster as- ‘‘(g) MAXIMUM AMOUNT OF ASSISTANCE.—No shall transmit to Congress a report describing sistance with respect to assistance provided individual or household shall receive financial the results of the pilot program conducted under under this paragraph. assistance greater than $25,000 under this sec- subsection (a), including identifying any admin- ‘‘(4) PERMANENT HOUSING CONSTRUCTION.— tion with respect to a single major disaster. istrative or financial benefits. Such report shall The President may provide financial assistance Such limit shall be adjusted annually to reflect also include recommendations on the conditions, or direct assistance under this section to indi- changes in the Consumer Price Index for all if any, under which States should be allowed viduals or households to construct permanent Urban Consumers published by the Department the option to administer parts of the assistance housing in insular areas outside the continental of Labor. program under section 406 of the Robert T. Staf- United States and other remote locations in ‘‘(h) ISSUANCE OF REGULATIONS.—The Presi- ford Disaster Relief and Emergency Assistance cases in which— dent shall issue rules and regulations to carry Act (42 U.S.C. 5172). ‘‘(A) no alternative housing resources are out the program, including criteria, standards, SEC. 207. STUDY REGARDING COST REDUCTION. available; and and procedures for determining eligibility for as- Not later than 3 years after the date of enact- ‘‘(B) the types of temporary housing assist- sistance.’’. ment of this Act, the Comptroller General of the ance described in paragraph (1) are unavailable, (b) CONFORMING AMENDMENT.—Section United States shall conduct a study to estimate infeasible, or not cost effective. 502(a)(6) (42 U.S.C. 5192(a)(6)) is amended by the reduction in Federal disaster assistance that ‘‘(d) TERMS AND CONDITIONS RELATING TO striking ‘‘temporary housing’’. has resulted and is likely to result from the en- HOUSING ASSISTANCE.— (c) ELIMINATION OF INDIVIDUAL AND FAMILY actment of this Act. ‘‘(1) SITES.—Any readily fabricated dwelling GRANT PROGRAMS.—Title IV (42 U.S.C. 5170– SEC. 208. REPORT ON ASSISTANCE TO RURAL provided under this section shall, whenever pos- 5189a) is amended by striking section 411 (42 COMMUNITIES. sible, be located on a site complete with utilities, U.S.C. 5178). Not later than 180 days after the date of en- and shall be provided by the State or local gov- (d) EFFECTIVE DATE.—The amendments made actment of this Act, the Director of the Federal ernment, by the owner of the site, or by the oc- by this section shall take effect on the 545th day Emergency Management Agency shall prepare cupant who was displaced by the major disaster. following the date of enactment of this Act. and transmit to Congress a report on methods Readily fabricated dwellings may be located on SEC. 204. REPEALS. and procedures that the Director recommends to sites provided by the President if the President (a) COMMUNITY DISASTER LOANS.—Section 417 accelerate the provision of Federal disaster as- determines that such sites would be more eco- (42 U.S.C. 5184) is repealed. sistance under the Robert T. Stafford Disaster nomical or accessible. (b) SIMPLIFIED PROCEDURE.—Section 422 (42 Relief and Emergency Assistance Act (42 U.S.C. ‘‘(2) DISPOSAL OF UNITS.— U.S.C. 5189) is repealed. 5121 et seq.) to rural communities. March 4, 1999 CONGRESSIONAL RECORD — HOUSE H975 SEC. 209. STUDY REGARDING INSURANCE FOR reduce the amount of assistance provided to because this is an important issue and PUBLIC INFRASTRUCTURE. a State or local government under this that she took into consideration the The Comptroller General of the United States Act.’’. concern of the gentleman from Wash- shall conduct a study to determine the current Mrs. FOWLER. Mr. Chairman, my and future expected availability of disaster in- ington (Mr. BAIRD), who happens to be surance for public infrastructure eligible for as- amendment encompasses three sepa- a Democrat from the State of Washing- sistance under section 406 of the Robert T. Staf- rate changes to title II of the bill. ton, and I think that speaks for the bi- ford Disaster Relief and Emergency Assistance These changes reflect our desire to cut partisanship, and I thank her. Act (42 U.S.C. 5170). costs in the disaster program in a fair Second of all, the amendment would TITLE III—MISCELLANEOUS and compassionate way. First, the exclude disaster victims needing FEMA SEC. 301. TECHNICAL CORRECTION OF SHORT amendment recognizes that in some assistance for temporary housing, re- TITLE. very limited circumstances, the re- placement of their homes, and con- The first section (42 U.S.C. 5121 note) is duced so-called in-lieu contribution struction of houses from the require- amended to read as follows: proposed in section 202 of the bill will ment of first obtaining an SBA loan. ‘‘SECTION 1. SHORT TITLE. cause undue hardship to some commu- As the gentlewoman from Florida had ‘‘This Act may be cited as the ‘Robert T. Staf- nities. This occurs in areas where mud stated, that speaks for itself in its im- ford Disaster Relief and Emergency Assistance slides make the prospect of rebuilding portance in the amendment there as Act’.’’. any facility on a site unwise. In such well. But I want to state on the record SEC. 302. DEFINITION OF STATE. situations, taking an in-lieu contribu- that I am opposed to placing any addi- Section 102 (42 U.S.C. 5122) is amended in tion is the only option really available. tional burden on victims who are made each of paragraphs (3) and (4) by striking ‘‘the The amendment would continue to use Northern’’ and all that follows through ‘‘Pacific homeless by a disaster by requiring Islands’’ and inserting ‘‘and the Commonwealth the previous 90 percent level of funding them to jump through hoops, in some of the Northern Mariana Islands’’. for these special situations. cases obtain an SBA loan first, before SEC. 303. FIRE SUPPRESSION GRANTS. Second, it has been brought to our they can obtain financial or direct Section 420 (42 U.S.C. 5187) is amended by in- attention that the provision in the bill housing assistance from FEMA in the serting ‘‘and local government’’ after ‘‘State’’. conditioning housing assistance on ap- aftermath of a disaster that almost de- AMENDMENT OFFERED BY MRS. FOWLER plying to the Small Business Adminis- stroyed their family, in some cases has. Mrs. FOWLER. Mr. Chairman, I offer tration for a loan does very little to Finally, the amendment requires an amendment, and I ask unanimous cut disaster assistance cost but may FEMA to provide an opportunity for consent that it be considered as read well pose a difficult burden on disaster public comment before adopting or and printed in the RECORD. victims. The amendment, therefore, modifying an agency policy that would The CHAIRMAN. Is there objection would remove the SBA loan require- have a meaningful impact on the to the request of the gentlewoman ment as a condition of housing assist- amount of disaster assistance to State from Florida? ance. I am all for saving money, but in or local governments. This is wise. The There was no objection. this case we would be saving very little gentlewoman is to be commended for The text of the amendment is as fol- while placing a relatively high burden it. We on this side support this amend- lows: on disaster victims. ment 100 percent. Finally, my amendment would re- The CHAIRMAN. The question is on Amendment offered by Mrs. FOWLER: Page 15, after line 12, insert the following: quire FEMA to provide public com- the amendment offered by the gentle- ‘‘(B) AREAS WITH UNSTABLE SOIL.—In any ment on new or modified policies that woman from Florida (Mrs. FOWLER). case in which a State or local government may result in a meaningful change in The amendment was agreed to. determines that the public welfare would not the amount of assistance a State or AMENDMENT OFFERED BY MR. TRAFICANT be best served by repairing, restoring, recon- local community may receive. Changes Mr. TRAFICANT. Mr. Chairman, I offer structing, or replacing any public facility in the conditions of assistance are ex- an amendment. owned or controlled by such State or local tremely important to local commu- The Clerk read as follows: government because soil instability in the nities. It seems only fair that such Amendment offered by Mr. TRAFICANT: disaster area makes such repair, restoration, At the end of the bill, add the following: reconstruction, or replacement infeasible, changes be made with the opportunity the State or local government may elect to for adequate public involvement. SEC. 304. BUY AMERICAN. (a) COMPLIANCE WITH BUY AMERICAN ACT.— receive, in lieu of a contribution under sub- I would like to recognize the diligent No funds authorized to be appropriated pur- section (a)(1)(A), a contribution of 90 percent efforts of the bipartisan group of Mem- suant to this Act or any amendment made of the Federal share of the Federal estimate bers, particularly those from Califor- by this Act may be expended by an entity of the cost of repairing, restoring, recon- nia, that brought this amendment to unless the entity, in expending the funds, structing, or replacing such facility and of our attention. In conclusion, this complies with the Buy American Act (41 management expenses. amendment puts the final touches on Page 15, line 13, strike ‘‘(B)’’ and insert U.S.C. 10a et seq.). (b) DEBARMENT OF PERSONS CONVICTED OF ‘‘(C)’’. an excellent bill. The amendment does FRAUDULENT USE OF ‘‘MADE IN AMERICA’’ LA- Page 21, at the end of line 16, insert the fol- not significantly reduce the substan- BELS.— lowing: tial cost savings provided by the bill (1) IN GENERAL.—If the Director of the Fed- Under the preceding sentence, a victim shall but recognizes that in reducing the eral Emergency Management Agency deter- not be denied assistance under subsections burden on the taxpayer, we need also mines that a person has been convicted of in- (c)(1), (c)(3), or (c)(4), solely on the basis that remember the critical needs of disaster tentionally affixing a label bearing a ‘‘Made the victim has not applied for or received victims. in America’’ inscription to any product sold any loan or other financial assistance from I urge support for this amendment. in or shipped to the United States that is not the Small Business Administration or any made in America, the Director shall deter- other Federal agency. Mr. TRAFICANT. Mr. Chairman, I mine, not later than 90 days after determin- Page 33, after line 2, insert the following: rise in support of the amendment. I want to again compliment the gentle- ing that the person has been so convicted, SEC. 210. PUBLIC COMMENT REQUIREMENT. whether the person should be debarred from Title III (42 U.S.C. 5141–5164) (as amended woman for her excellent work. I would just like to go over a few contracting under the Robert T. Stafford by section 201 of this Act) is amended by add- Disaster Relief and Emergency Assistance ing at the end the following: issues that I think are important. The Act. ‘‘SEC. 323. PUBLIC COMMENT REQUIREMENT. first thing I think is very important, (2) DEBAR DEFINED.—In this section, the ‘‘(a) IN GENERAL.—The Director of the Fed- the amendment would maintain the term ‘‘debar’’ has the meaning given that eral Emergency Management Agency shall Federal in-lieu contributions for alter- term by section 2393(c) of title 10, United provide an opportunity for public comment nate projects at 90 percent where soil States Code. before adopting any new or modified policy instability in a disaster area makes the Mr. TRAFICANT (during the read- that would have a meaningful impact on the repair, restoration, reconstruction or ing). Mr. Chairman, I ask unanimous amount of disaster assistance that may be replacement of public facilities infeasi- provided to a State or local government by consent that the amendment be consid- the President under this Act. ble. The bill before us would have re- ered as read and printed in the RECORD. ‘‘(b) RETROACTIVE APPLICATION OF POLI- duced that Federal contribution to 75 The CHAIRMAN. Is there objection CIES.—The Director may not adopt any new percent. I believe that the gentle- to the request of the gentleman from or modified policy that would retroactively woman should again be commended, Ohio? H976 CONGRESSIONAL RECORD — HOUSE March 4, 1999 There was no objection. Buy America program. We worked vig- The amendment was agreed to. Mr. TRAFICANT. Mr. Chairman, this orously to assure that the law would be The SPEAKER pro tempore. The has been language that I have offered carried out. question is on the engrossment and to many bills. It deals with the aspect Here in the disaster assistance pro- third reading of the bill. of where Federal dollars are spent, to gram, there is a wide array of products The bill was ordered to be engrossed incorporate into that logic the Buy used to help victims of disaster become and read a third time, and was read the American laws that exist. I have talked whole again, communities as well as third time. about Buy American here for years, individuals, grand facilities, dams, lev- The SPEAKER pro tempore. The but I was not really the first to do it ees, roads, bridges as well as individual question is on the passage of the bill. and one of the strong leaders of Buy homes and small businesses. The question was taken; and the American is the ranking Democrat on b 1145 Speaker pro tempore announced that this committee the gentleman from the ayes appeared to have it. Minnesota (Mr. OBERSTAR) who was re- Mr. Chairman, there is a wide array Mrs. FOWLER. Mr. Speaker, I object sponsible for most of the Buy American of product used to make those commu- to the vote on the ground that a language in our surface transportation nities, make those structures, whole quorum is not present and make the program which is a multibillion-dollar again. They ought to be American point of order that a quorum is not procurement program. goods. present. I think it is very important where we The gentleman from Ohio (Mr. TRAFI- The SPEAKER pro tempore. Evi- expend any dollars that we comport CANT) is right to offer this amendment, dently a quorum is not present. and conform to within the law to the but now that we have reestablished our The Sergeant at Arms will notify ab- Buy American law and its policies. In Subcommittee on Oversight in the sent Members. addition, my amendment states, do not Committee on Transportation and In- The vote was taken by electronic de- participate in any of our programs frastructure, I appeal to the gentle- vice, and there were—yeas 415, nays 2, under this bill by providing a product woman from Florida (Mrs. FOWLER) to not voting 16, as follows: maintain vigilance. Once this legisla- that is purported to be made in Amer- [Roll No. 33] tion is enacted, let us take a careful ica but has on it affixed a fraudulent YEAS—415 ‘‘made in America’’ label. look at how it is applied in future dis- asters where the Federal Government Abercrombie Clay Frost I think these small but little com- Ackerman Clayton Gallegly monsense initiatives serve more maybe comes in to help out local commu- Aderholt Clement Ganske as a reminder to keep people’s eyes on nities. Look over their shoulder. Make Allen Clyburn Gejdenson the prize of wherever possible shop for sure they are carrying out this law. It Andrews Coble Gephardt Archer Coburn Gibbons and buy an American product but is all too easy to avoid. Armey Collins Gillmor under Buy American law to conform to But, Mr. Chairman, avoidance will be Bachus Combest Gilman that law and do not violate it. difficult if this committee maintains Baird Condit Gonzalez vigilance, as I am sure it will, under Baker Conyers Goode Mrs. FOWLER. Mr. Chairman, we Baldacci Cook Goodlatte support this amendment and have no the gentlewoman’s leadership. Baldwin Cooksey Goodling objection to it. The CHAIRMAN pro tempore (Mr. Ballenger Costello Gordon Mr. OBERSTAR. Mr. Chairman, I HEFLEY). The question is on the Barcia Cox Goss Barr Coyne Graham move to strike the last word. amendment offered by the gentleman Barrett (NE) Cramer Green (TX) Mr. Chairman, I rise in strong sup- from Ohio (Mr. TRAFICANT). Barrett (WI) Crane Green (WI) port of the amendment offered by the The amendment was agreed to. Bartlett Crowley Greenwood gentleman from Ohio who has through- The CHAIRMAN pro tempore. Are Barton Cubin Gutierrez Bass Cummings Gutknecht out his service in the Congress made a there further amendments? Bateman Cunningham Hall (OH) point of reminding us on every piece of If not, the question is on the commit- Becerra Danner Hall (TX) legislation that comes to the House tee amendment in the nature of a sub- Bentsen Davis (FL) Hansen stitute, as amended. Bereuter Davis (IL) Hastings (FL) floor wherever there is procurement Berkley Davis (VA) Hastings (WA) that this procurement should be The committee amendment in the Berman Deal Hayes cloaked in the Buy America label. nature of a substitute, as amended, was Berry DeFazio Hayworth American dollars are being used, tax- agreed to. Biggert DeGette Hefley Bilbray Delahunt Herger payer dollars are being used on Federal The CHAIRMAN pro tempore. Under Bilirakis DeLauro Hill (IN) projects, on Federal programs, and he the rule, the Committee rises. Bishop DeLay Hill (MT) is right to remind this body time and Accordingly, the Committee rose; Blagojevich DeMint Hilleary and the Speaker pro tempore (Mr. Bliley Deutsch Hilliard again that those dollars must be used Blumenauer Diaz-Balart Hinchey to purchase American products in the NETHERCUTT) having assumed the Blunt Dickey Hinojosa service of this country. Other countries chair, Mr. HEFLEY, Chairman of the Boehlert Dicks Hobson do that. Other countries realize that Committee of the Whole House on the Boehner Dingell Hoeffel Bonilla Dixon Hoekstra charity begins at home, that a strong State of the Union, reported that that Bonior Doggett Holden economy begins at home, and we must Committee, having had under consider- Bono Dooley Hooley do the same. ation the bill (H.R. 707) to amend the Borski Doolittle Horn The gentleman is right, I was suc- Robert T. Stafford Disaster Relief and Boswell Doyle Hostettler Boucher Dreier Houghton cessful in 1982 in the Surface Transpor- Emergency Assistance Act to authorize Boyd Duncan Hoyer tation Assistance Act in getting a very a program for predisaster mitigation, Brady (PA) Dunn Hulshof strong Buy America provision on steel to streamline the administration of Brady (TX) Edwards Hunter Brown (CA) Ehlers Hutchinson used in our Federal highway program. disaster relief, to control the Federal Brown (FL) Ehrlich Hyde In the next 6 years under TEA 21, that costs of disaster assistance, and for Brown (OH) Emerson Inslee will mean that 18 million tons of Amer- other purposes, pursuant to House Res- Bryant English Isakson ican steel will go into our Federal aid olution 91, he reported the bill back to Burr Eshoo Istook Burton Etheridge Jackson (IL) highway and bridge program. We have the House with an amendment adopted Buyer Ewing Jackson-Lee Buy America provisions that apply to by the Committee of the Whole. Callahan Farr (TX) the Corps of Engineers, that apply to The SPEAKER pro tempore. Under Calvert Fattah Jefferson Camp Filner Jenkins the Federal transit system. the rule, the previous question is or- Campbell Fletcher John Years ago when I chaired the sub- dered. Canady Foley Johnson (CT) committee that has jurisdiction over Is a separate vote demanded on any Cannon Forbes Johnson, E. B. this legislation now, we held extensive amendment to the committee amend- Capuano Ford Johnson, Sam Cardin Fossella Jones (NC) hearings, Mr. Gingrich and I, the rank- ment in the nature of a substitute Carson Fowler Jones (OH) ing member on the Republican side at adopted by the Committee of the Castle Frank (MA) Kanjorski the time, we found widespread abuses Whole? If not, the question is on the Chabot Franks (NJ) Kaptur in the Federal transit program on the amendment. Chambliss Frelinghuysen Kasich March 4, 1999 CONGRESSIONAL RECORD — HOUSE H977 Kelly Nadler Sherwood hands of Federal regulators in the Subcommit- rules, a list of which will be distributed Kildee Napolitano Shimkus Kilpatrick Neal Shows tee on Commercial and Administrative Law in to Members’ offices. Kind (WI) Nethercutt Shuster the House Judiciary Committee and missed a On Wednesday, March 10, and the bal- King (NY) Ney Simpson recorded vote on H.R. 707, the Disaster Miti- ance of the week the House will meet Kingston Northup Sisisky Kleczka Norwood Skeen gation and Cost Reduction Act of 1999. Had at 10 o’clock a.m. to consider the fol- Klink Nussle Skelton I been present, I would have voted ``aye'' on lowing legislative business: Knollenberg Oberstar Slaughter rollcall No. 33, to agree to H.R. 707. H.R. 800, the Education Flexibility Kolbe Obey Smith (MI) Kucinich Olver Smith (NJ) Ms. SANCHEZ. Mr. Speaker, during rollcall Partnership Act; Kuykendall Ortiz Smith (TX) vote No. 33 on March 4, 1999, I was unavoid- H.R. 4, a bill declaring the United LaFalce Ose Smith (WA) ably detained. Had I been present, I would States policy to deploy a national mis- LaHood Owens Snyder have voted ``aye.'' Lampson Oxley Souder sile defense. Lantos Packard Spence Mr. SCARBOROUGH. Mr. Speaker, on roll- It is possible, Mr. Speaker, that we Largent Pallone Spratt call No. 33, I was unavoidably detained. Had may also take under consideration a Larson Pascrell Stabenow I been present, I would have voted ``yes.'' Latham Pastor Stearns resolution relating to the deployment LaTourette Payne Stenholm f of troops in Kosovo. Lazio Pease Strickland Mr. Speaker, we expect to conclude Leach Pelosi Stupak GENERAL LEAVE Lee Peterson (MN) Sununu legislative business next week on Fri- Levin Peterson (PA) Sweeney Mrs. FOWLER. Mr. Speaker, I ask day, March 12, by 2 o’clock p.m. Lewis (CA) Petri Talent unanimous consent that all Members Mr. MENENDEZ. Mr. Speaker, I Lewis (GA) Phelps Tancredo Lewis (KY) Pickering Tanner may have 5 legislative days within would ask the majority leader if he Linder Pickett Tauscher which to revise and extend their re- might answer one or two questions. Lipinski Pitts Tauzin marks and include extraneous material Mr. Speaker, would the gentleman LoBiondo Pombo Taylor (MS) on H.R. 707, the bill just passed. Lofgren Pomeroy Taylor (NC) believe that, beyond that which he has Lowey Porter Terry The SPEAKER pro tempore (Mr. told the House, that anything specifi- Lucas (KY) Portman Thomas LAHOOD). Is there objection to the re- cally will be added to the schedule Lucas (OK) Price (NC) Thompson (CA) quest of the gentlewoman from Flor- Luther Pryce (OH) Thompson (MS) other than the resolutions that will be Maloney (CT) Quinn Thornberry ida? considered on Tuesday on the consent Maloney (NY) Radanovich Thune There was no objection. agenda? Manzullo Rahall Thurman f Markey Ramstad Tiahrt b Martinez Regula Tierney 1215 Mascara Reyes Toomey REMOVAL OF NAME OF MEMBER Mr. ARMEY. Mr. Speaker, I thank Matsui Reynolds Towns AS COSPONSOR OF H.R. 863 McCarthy (MO) Riley Traficant the gentleman for the input. Other McCarthy (NY) Rivers Turner Ms. WOOLSEY. Mr. Speaker, I ask than things that we may clear through McCrery Rodriguez Udall (CO) unanimous consent to have my name both sides to add to the suspension cal- McDermott Roemer Udall (NM) removed as a cosponsor of H.R. 863. McGovern Rogan Upton endar, I would see us taking under con- McHugh Rogers Velazquez While I strongly support taking so- sideration nothing other than what has McInnis Rohrabacher Vento cial security off-budget once and for been stipulated here. McIntosh Ros-Lehtinen Visclosky all, I believe the Republican leadership McIntyre Rothman Walden Mr. MENENDEZ. Mr. Speaker, I McKeon Roukema Walsh is exploiting the bill to pursue a hidden think many Members have serious con- McKinney Roybal-Allard Wamp agenda of tax cuts for the wealthiest cerns and want to be able to be sure McNulty Royce Waters Americans. Meehan Rush Watkins that they will be present on the poten- Meek (FL) Ryan (WI) Watt (NC) The SPEAKER pro tempore. Is there tial resolution on Kosovo. Does the Meeks (NY) Ryun (KS) Watts (OK) objection to the request of the gentle- gentleman have a sense on what day of Menendez Sabo Waxman woman from California? Metcalf Salmon Weiner next week the Kosovo resolution will Mica Sanders Weldon (FL) There was no objection. be coming to the floor? Millender- Sandlin Weldon (PA) f Mr. ARMEY. Mr. Speaker, again, I McDonald Sanford Weller thank the gentleman for his inquiry, Miller (FL) Sawyer Wexler LEGISLATIVE PROGRAM Miller, Gary Saxton Weygand and I think it is important that we Miller, George Schaffer Whitfield (Mr. MENENDEZ asked and was stress, in response to the question, that Minge Schakowsky Wicker it is clear that we will be taking up the Mink Scott Wilson given permission to address the House Moakley Sensenbrenner Wise for 1 minute.) Kosovo resolution next week, and we Moore Serrano Wolf Mr. MENENDEZ. Mr. Speaker, I rise expect that that will be on Thursday Moran (KS) Sessions Woolsey and Friday. Moran (VA) Shadegg Wu to inquire of the distinguished major- Morella Shaw Wynn ity leader at this time regarding the So the answer to the gentleman’s Murtha Shays Young (AK) schedule. question is that the Kosovo resolution Myrick Sherman Young (FL) Mr. ARMEY. Mr. Speaker, will the will be taken up on Thursday. We ex- NAYS—2 gentleman yield? pect to have a generous portion of time Paul Stump Mr. MENENDEZ. I yield to the gen- for debate, so we could expect that we NOT VOTING—16 tleman from Texas. would work on it Thursday and Friday Mr. ARMEY. Mr. Speaker, I thank of next week. Capps Gilchrest Rangel Chenoweth Granger Sanchez the gentleman for yielding. Mr. MENENDEZ. Mr. Speaker, my Engel Holt Scarborough Mr. Speaker, I am pleased to note last question, so therefore, by that Evans Kennedy Stark that we have had our last vote for this statement, it looks rather certain that Everett McCollum Gekas Mollohan week. The House will next meet on we will be here voting on Friday? Monday, March 8, at 2 o’clock p.m. for Mr. ARMEY. Mr. Speaker, if the gen- b 1210 a pro forma session. Of course, there tleman would continue to yield, yes, So the bill was passed. will be no legislative business and no there should be no doubt about that. As The result of the vote was announced votes on that day. I indicated, we do have a getaway time as above recorded. On Tuesday, March 9, the House will by 2 o’clock. However we arrange the A motion to reconsider was laid on meet at 10:30 a.m. for Morning Hour, schedule, that will be, of course, hon- the table. and 12 o’clock noon for legislative busi- ored for all the Members who want to Stated for: ness. Votes are expected after 12 make their arrangements for their Mr. GEKAS. Mr. Speaker, earlier today, o’clock noon on Tuesday, March 9th. travel. March 4, 1999, I was unavoidably detained On Tuesday, we will consider a num- Mr. MENENDEZ. Mr. Speaker, I while chairing a hearing on privacy in the ber of bills under suspension of the thank the gentleman for his answers. H978 CONGRESSIONAL RECORD — HOUSE March 4, 1999 ANNOUNCEMENT BY CHAIRMAN OF safeguard the rights and legacies of Native offer this resolution that will help affix COMMITTEE ON RULES REGARD- Americans; Morris King Udall’s name to our ING CONSIDERATION OF AMEND- Whereas in his lifetime, Morris King Udall memories and to those of generations became known as a model Member of Con- MENTS TO H.R. 800, THE EDU- gress and was among the most effective and to come. CATION FLEXIBILITY PARTNER- admired legislators of his generation; Mr. Speaker, if I could have a vote in SHIP ACT Whereas this very decent and good man my district for every time that he (Mr. DREIER asked and was given from Arizona also left us with one of the made one of us smile or laugh, I would permission to address the House for 1 most precious gifts of all—a special brand of be winning all of my elections unani- wonderful and endearing humor that was dis- minute.) mously. Mo was loved by the public. He tinctly his; was loved by the press, by his col- Mr. DREIER. Mr. Speaker, the Com- Whereas Morris King Udall set a standard mittee on Rules is planning to meet on for all facing adversity as he struggled leagues, and by his family, many of Tuesday, March 9, to grant a rule against the onslaught of Parkinson’s disease whom are here today. which may limit the amendment proc- with the same optimism and humor that There was a reason for that. It was ess on H.R. 800, the Education Flexibil- were the hallmarks of his life; and because Mo Udall was true to Mo. He ity Partnership Act. Whereas Morris King Udall in so many could stand for hours and he could tell ways will continue to stand as a symbol of The rule may, at the request of the one-liners. And by making himself the all that is best about public service, for all brunt of his own humor, he could reach Committee on Education and the that is civil in political discourse, for all Workforce, include a provision requir- that is kind and gentle, and will remain an those MBA arms of his right into our ing amendments to be preprinted in the inspiration to others: Now, therefore, be it consciences and wrest away any pre- amendments section of the CONGRES- Resolved by the House of Representatives (the tensions that we might have, or self- SIONAL RECORD. Amendments to be Senate concurring), That the Congress— righteousness. preprinted should be signed by the (1) has learned with profound sorrow of the Mo made us see our foibles, not by death of the Honorable Morris King Udall on moralizing or yelling at us. He did not Member and submitted to the Speak- December 12, 1998, and extends condolences er’s table. Amendments should be to the Udall family, and especially to his say ‘‘Change those wretched ways.’’ drafted to the text of the bill as or- wife Norma; Rather, he made us laugh at ourselves, dered reported by the Committee on (2) expresses its profound gratitude to the even against our will, and he forced, Education and the Workforce. Copies of Honorable Morris King Udall and his family and I do mean forced, us to see the the text of the bill as reported can be for the service that he rendered to his coun- smallness of ourselves. He forced us to obtained from the Committee on Edu- try; and see our blindness, our pettiness, the cation and the Workforce. (3) recognizes with appreciation and re- vanity we sometimes have, our ego- spect the Honorable Morris K. Udall’s com- mania. Members should use the Office of mitment to and example of bipartisanship Legislative Counsel to make sure that and collegial interaction in the legislative Coming from a conservative State their amendments are properly drafted process. like Arizona, Mo Udall defied easy or and should check with the Office of the SECTION. 2. TRANSMISSION OF ENROLLED RESO- politically opportune choices. He voted Parliamentarian to be sure their LUTION. his conscience. He voted it whether the amendments comply with the rules of The Clerk of the House of Representatives topic was racial equality back in the the House. shall transmit an enrolled copy of this Con- 1960s, the dire need for government to current Resolution to the family of the Hon- f orable Morris King Udall. assume better stewardship of its public lands, or the sacrifice of American HONORING MORRIS KING UDALL, The SPEAKER pro tempore (Mr. lives in Vietnam. He spoke out on FORMER UNITED STATES REP- LAHOOD). The gentleman from Arizona those issues. RESENTATIVE FROM ARIZONA (Mr. KOLBE) is recognized for 1 hour. Mr. KOLBE. Mr. Speaker, I yield 30 But no one in our country, Johnny Mr. KOLBE. Mr. Speaker, I ask unan- minutes of my time to the gentleman Carson, Bob Hope, Jack Benny in- imous consent that the Committee on from Arizona (Mr. PASTOR), pending cluded, could keep a straight face like House Administration be discharged which I yield myself such time as I Mo could. With that humor, he carried from further consideration of the con- may consume. a very serious and a profound message current resolution (H. Con. Res. 40) Mr. Speaker, I am honored to be here and that humor helped to enlighten the honoring Morris King Udall, former today to introduce and to call up this ignorant, satirize the comforted, and United States Representative from Ari- resolution honoring a great American make us take inventory at every mo- zona, and extending the condolences of and certainly a great Arizonan. There ment of the beauty and fragility of our the Congress on his death, and ask for really could be no better homage to Mo lives. its immediate consideration in the Udall than if I could stand up here for Even as his health waned, Mo was House. a few minutes and take the time to passing on a message of hope to us: The Clerk read the title of the con- simply lampoon myself. Help those of us whose bodies are im- current resolution. But the risk of that kind of self-ex- prisoned by Parkinson’s and other such The SPEAKER pro tempore. Is there ploration would probably be too much. illnesses to recover. Even when he was objection to the request of the gen- I might actually learn the truth about unable to speak to us, Mo and his loyal tleman from Arizona? myself, for example, and turn to some- and extraordinary family brought There was no objection. thing more noble like perhaps running about policy changes in the health field The Clerk read the concurrent reso- numbers or selling ocean-front parcels that few might have imagined possible. lution, as follows: in Tucson. That was the kind of thing For those in this body who have had that Mo would say. H. CON. RES. 40 the opportunity to be touched by Mo, Mr. Speaker, Mo was a mentor and a Whereas Morris King Udall served his Na- today is an appropriate occasion to re- tion and his State of Arizona with honor and close friend of many of us. Certainly, he was a friend of mine and a political member a man who brought civility distinction in his 30 years as a Member of the through humor into the political proc- United States House of Representatives; idol as well. I have tried hard to follow Whereas Morris King Udall became an in Mo’s footsteps in southern Arizona’s ess. internationally recognized leader in the field congressional district. Much of what he For those who were not fortunate of conservation, personally sponsoring legis- represented, I now represent. I cer- enough to have known this man, they lation that more than doubled the National tainly have learned extensive lessons have missed an icon. But they should Park and National Wildlife Refuge systems, in what it means to be second-best, be- seek solace in knowing two things. The and added thousands of acres to America’s cause no one could ever best Mo Udall. political process in the United States National Wilderness Preservation System; So now I know what it is like to be of America has been deeply enriched by Whereas Morris King Udall was also instru- the contributions, and because of the mental in reorganizing the United States taken off the bench to replace Mark Postal Service, in helping enact legislation McGwire, to sing backup to Pavarotti, contributions of Mo Udall, there is a to restore lands left in the wake of surface to be Mike Tyson’s sparring partner. secure place in public service for those mining, enhancing and protecting the civil It is one of the humble honors of my willing to take a step back and look at service, and fighting long and consistently to career that I have the opportunity to their own shortcomings. March 4, 1999 CONGRESSIONAL RECORD — HOUSE H979 Mr. Speaker, today, along with many work of his son and his nephew drawn though not one of unanimity on all members of the delegation and mem- to public service and newly elected to points, one that he had the right to bers of the family who now serve in this body. champion, and he championed so very this body, we will be introducing a bill In remembering and learning from well. which would rename the Coronado Na- Mo’s example, be it perseverance or bi- I made mention of the fact that two tional Forest, which lies in southern partisanship, we can all contribute to a kinfolks of the Udall clan are now here Arizona and which encompasses eight legacy of decency, optimism, and hon- in the Congress of the United States. I wilderness areas. I can think of no orable public service that Mo Udall has have a staffer back home who is part of more fitting tribute to this great tow- left to this country and to this House. the Udall family. The joke is that Mo ering man who was so instrumental in Mr. Speaker, I reserve the balance of and Stu took a left turn out of Saint establishing those wilderness areas, my time. John’s, and some of my folks took a right turn out of the Round Valley, and and so many other wilderness areas, b 1230 than to call that beautiful National that was the beginning of some of the Forest the Udall National Forest. I Mr. KOLBE. Mr. Speaker, I yield as political differences as reflected on welcome the support of my colleagues much time as he may consume to the these sides of the aisle. in this effort. gentleman from Arizona (Mr. But, Mr. Speaker, it is worth noting, Mr. Speaker, I reserve the balance of HAYWORTH) from the 6th Congressional and I thank the two senior members of my time. District. In doing so, I would note that my delegation, the gentleman from Ar- Mr. PASTOR. Mr. Speaker, I yield he is one of those Members who did not izona (Mr. KOLBE) and the gentleman myself such time as I may consume. serve with Mo Udall. But none of us from Arizona (Mr. PASTOR), for taking Mr. Speaker, first of all, I want to who come from Arizona have not been this time to remember Morris K. Udall, thank the distinguished gentleman touched by his great works. his life, his legacy, and the challenges from Arizona (Mr. KOLBE) for introduc- Mr. HAYWORTH. Mr. Speaker I he would confront even as we confront ing this resolution and allowing us thank the gentleman from Arizona for today. time to pay tribute to a great Amer- yielding to me. Mr. PASTOR. Mr. Speaker, it is an ican. Mr. Speaker, while it is true I did not honor for me to yield 3 minutes to the Mr. Speaker, it is a great honor for have the opportunity to serve concur- gentlewoman from Texas (Ms. JACK- me to be here today and to manage this rently with Mo Udall, the fact is, evi- SON-LEE). resolution that pays tribute to Morris dence of his service in this institution (Ms. JACKSON-LEE of Texas asked K. Udall, who many of us here knew abounds, not only in family members and was given permission to revise and and remember fondly as ‘‘Mo.’’ who have joined us in the 106th Con- extend her remarks.) Ms. JACKSON-LEE of Texas. Mr. Mo’s retirement from the House of gress and family members who are here Speaker, I thank the distinguished gen- Representatives in 1991, following 30 to celebrate Mo’s memory, but also in tleman from Arizona for his kindness years of distinguished service in this constituents from my district. I had the privilege, Mr. Speaker, of and also for his eloquent remarks. body, was a great loss for the State of Mr. Speaker, I grew up with Con- coming to this Chamber this afternoon Arizona, for the environmental and Na- gressman Mo Udall. In growing up with with young people from the Navaho na- tive American issues he championed, him, I was fully comfortable with the tion, from Pinon, Shonto, who are here and for the cause of civility and humor fact that the environment was well to learn more about Washington. Their in public life. His death last December protected and the integrity of this presence here and the comments of a after a long struggle with Parkinson’s body was well protected. disease was a great personal loss for colleague from this floor just the other Congressman Udall was a man who the Udall family, to whom I offer my day in an informal setting really, I always managed to rise above the limi- deep-felt condolences. think, served to provide a tribute to tations that were placed upon him and Mo earned an uncommon respect and Mo Udall, because a congressional col- succeeded triumphantly. As a child at loyalty among his colleagues here in league said, ‘‘You folks from Arizona age 7, he lost his right eye in an acci- the House and those who knew him really stick together.’’ dent, but he still managed to excel in across this great Nation. He was able Indeed, as we look at the rich legisla- athletics. In high school, he was co- to distinguish between political oppo- tive legacy offered by Mo Udall, it is captain of the basketball team. I must nents and enemies and maintain friend- worth noting that members of my say, Mr. Speaker, I saw him as the tall, ships across the ideological spectrum. party, John Rhodes, Barry Goldwater, tall, I was going to say Texan, but I He built bridges of goodwill that al- others got together to ask, ‘‘What is will give that name to Arizonian, be- lowed him not only to pass prolific wil- good for Arizona and good for Amer- cause I looked to him as a tall Member derness and historic preservation agen- ica?’’ Now lest my colleagues think of this body. das but to resist the partisan animos- that we sing from the same page of the He also played quarterback, the posi- ity that erodes public faith in Con- hymnal on every occasion, of course tion that requires the most vision on gress. not. But we champion those dif- the football team. Academically, he He was a source of pride to the Arizo- ferences. was a model student. He was a valedic- nans he represented and a source of That is what Morris K. Udall em- torian and student body president. pride to many Americans. Mo had the bodied, an ability to clearly and can- As we all know, his all-around excel- courage to lose and yet was never de- didly express differences, unafraid. He lence continued well after high school. feated. He challenged the status quo, was able to use the gift of humor to In 1942, he entered the U.S. Army even within this institution, encourag- make those observations all the more Corps, despite his limited vision. He ing a debate that brought vitality and eloquent, although, even today, I played professional basketball for the progress to our public discourse. He might take issue with some of those Denver Nuggets and passed the Arizona was willing to keep standing up after observations. We champion that free- bar exam with the highest score in the being knocked down, and to be and to dom when we remember Mo Udall. State. champion the underdog, and yet to Many Americans remember that, in He was elected to Congress in 1961, maintain a courageous optimism. the wake of his quest for the White replacing his brother, Stewart, who Mr. Speaker, he faced personal adver- House in 1976, he authored a book enti- had taken a position as the Secretary sity in his struggle with Parkinson’s tled, ‘‘Too Funny To Be President.’’ It of Department of Interior offered to disease with the uncommon grace we was that typical self-deprecating wit him by President Kennedy. His love for had come to expect of Mo. even inherent in that title. this country, the public lands ran in Mo’s legacy will live in the retelling But if he might have been too funny the family. He had a passion, a sense of of his famous anecdotes, in the CAP to be president in his own words, he humor, and civility. water that my granddaughter drinks in was not too humorous to not be an ef- Just as when he was younger, Con- Arizona, in the wilderness lands pre- fective legislator and to offer the peo- gressman Morris Udall proved he could served for generations of Americans ple of Arizona and the people of Amer- achieve despite politics and pass im- yet to come. Perhaps it will live in the ica a clear, consistent philosophy, portant and much-needed legislation. H980 CONGRESSIONAL RECORD — HOUSE March 4, 1999 The Congressman was a floor whip sup- the Interior offered to him by President Ken- environmental community. I had the porting the passage of the 1964 Civil nedy, he immediately became known for his distinct honor and privilege of working Rights Act and would begin to craft passion, humor, and civility. with Mo, not only as a member of our the history of this country. Particu- Just as when he was younger, Congress- Committee on International Relations, larly for those who were least empow- man Morris Udall proved that he could achieve but as a member of the Subcommittee ered, the Civil Rights Act of 1964 comes despite politics, and pass important and much- on Postal Services and the Subcommit- to mind. Let me personally thank him needed legislation. tee on Civil Service, as we tried to re- on behalf of my community. Congressman Udall was a floor whip sup- form both the Postal Service and the Serving as chair on the Committee porting the passage of the Civil Rights Act of Civil Service. on Interior and Insular Affairs, he was 1964Ðsomething I would like to personally Many of us admired Mo’s willingness an earlier champion of environmental thank him for. Serving as Chair of the Commit- and the quality in which he took part causes, fighting early to protect our tee on Interior and Insular Affairs, he was an in the Presidential campaign in 1976. natural lands in areas as diverse as the early champion of environmental causes, fight- Yes, even many of my Republican con- canyons of Arizona and the forests of ing early on to protect our natural lands in stituents were pleased to support Mo Alaska. areas as diverse as the canyons of Arizona Udall in that campaign. He stood up for the rights of Amer- and the forests of Alaska. It is fitting that the 105th Congress ican Indians, our Native Americans, Representative Udall stood up for the rights passed the Morris K. Udall Parkinson’s and advocated for laws that would help of American Indians, and advocated for laws Research Act of 1997 and that this Con- them rather than further hurt them. that would help them rather than further hurt gress is committed to working towards As a civil servant, Congressman Udall them. finding the cause and cure for Parkin- always managed to keep the focus on As a civil servant, Congressman Udall al- son’s Disease, motivated primarily by what is best for the public. Along with ways managed to keep the focus on what is Mo Udall. President Carter, he enacted civil serv- best for the public. Along with President As a member of the congressional ice reforms, and he was a chief sponsor Carter, he spearheaded efforts to enact civil working group on Parkinson’s Disease, of Campaign Finance Reform Act. He service reforms, and he was the chief sponsor my colleagues and I will continue to do was ahead of his time. of the first-ever Campaign Finance Reform the work that was inspired by Mo in Morris Udall was a strong family Act. finding an eventual cure for that dis- man. He was a good son and brother Most of all, Morris Udall was a strong family ease. and uncle and father. Many would tell man. He was a good son, a good brother, a I am pleased to join my colleague, me that I have no way of knowing that, good uncle, and a good father. Many would the gentleman from Arizona (Mr. but I tell my colleagues, we have proof tell me that I have no way of knowing thatÐ KOLBE), in proposing that the Coronado in it in this House today. but I tell youÐwe have proof of it here in the Forest in Arizona now be renamed the Let me say that I am delighted that House. Congressmen MARK and TOM UDALL Mo Udall Forest. What an appropriate his son, the gentleman from Colorado have already proven themselves as more- monument to an outstanding public (Mr. MARK UDALL), and his nephew, the than-capable Members of Congress, and look servant. gentleman from New Mexico (Mr. TOM forward to working with both of them in the fu- Mr. PASTOR. Mr. Speaker, I yield 2 UDALL), came in as a double-whammy, ture. minutes to the distinguished gentle- being elected this time to the 106th We lost a good friend on December 12th of woman from Hawaii (Mrs. MINK). Congress. If there ever would have been last year. Yet I am glad to see his spirit live Mrs. MINK of Hawaii. Mr. Speaker, I someone who had a humorous state- on. I hope that we can pass this resolution thank the gentleman for yielding me ment to make of that, it would have and work in this Congress with the manner of this time. I am perhaps one of the few been Mo Udall. He liked double- Morris K. UdallÐabove the limitations of par- Members of this Congress that had the whammies. He would have called that a tisanship and politics, and with a keen sense wonderful opportunity of serving with slam dunk. of what is best for the people we serve. Mo Udall. As I conclude, Mr. Speaker, let me Mr. KOLBE. Mr. Speaker, I yield as I came to the Congress in 1965, and simply say I hope this testimony much time as he may consume to the Mo was already here. I had the oppor- today, his tribute, will compel us to distinguished gentleman from New tunity to serve with him on the Com- support finding a cure for Parkinson’s York (Mr. GILMAN), the chairman of mittee on Interior and Insular Affairs. Disease, and I wholeheartedly support the Committee on International Rela- After several years, I became the chair this resolution to acknowledge the loss tions, which was one of Mo Udall’s of the Subcommittee on Mines and of a dear friend, a great colleague, and other great loves. Mining. I had a 5-year ordeal in trying great American. God bless him and God (Mr. GILMAN asked and was given to fashion the surface mining legisla- bless his family. permission to revise and extend his re- tion. Thank you, Mr. Speaker. I rise today to marks.) Mo was always there, constantly speak on behalf of H. Con. Res. 40, which Mr. GILMAN. Mr. Speaker, I thank working to help us develop a consensus honors the life of former Congressman Morris the gentleman for yielding to me. I within the subcommittee in a very, K. Udall. thank the gentleman from Arizona very controversial area. I remember Congressman Udall was a man who always (Mr. KOLBE) for introducing this reso- coming to the floor with the legislation managed to rise above the limitations that lution, giving us the opportunity to and spending weeks in the debate dur- placed upon him, and succeed triumphantly. pay tribute to a great leader. ing the discourse of perhaps 50 or 60 As a child, at age seven, he lost his right Mr. Speaker, Morris ‘‘Mo’’ K. Udall amendments. eye in an accident, but he still managed to was an outstanding Member of this Mo Udall’s legacy to this country is excell in athletics. I high school, he was co- body and an even greater man. His un- enormous, not only in the fields in captain of the basketball team, and he played timely death last year was a tremen- which he labored in the Committee on quarterbackÐthe position that requires the dous loss to this Nation. He is one of Foreign Affairs and in the Committee most visionÐon the football team. Academi- the most loved, most respected and on the Postal Service and in the Com- cally, he was a modest studentÐhe was val- most accomplished Members of Con- mittee on the Interior, but he left a edictorian and student body president. gress in this generation. legacy of tremendous honesty, integ- And as we all know, his all-around excel- When Mo Udall was diagnosed with rity and dedication to the basic prin- lence continued well after high school. In Parkinson’s Disease in 1980, many had ciples of this country; and that is fair- 1942, he entered the U.S. Army Air Corps de- never heard of that devastating illness. ness, that is a love of the natural re- spite his limited vision. He played professional Mo’s 18-year struggle with Parkinson’s sources, a sense of pride and a con- basketball for the Denver Nuggets, and Disease illustrated his courage and his scious obligation to preserve and pro- passed the Arizona bar exam with the highest serenity which inspired his many co- tect that which we have here within score in the State. workers, friends and family. our boundaries. When he was elected to Congress in 1961, During Mo’s 30 years of service in Mo Udall was always on the floor replacing his brother, Stewart, who had taken this body, Mo will be most remembered fighting for equity, asking this body to a position as Secretary of the Department of for his achievements on behalf of the be fair in its deliberations, making March 4, 1999 CONGRESSIONAL RECORD — HOUSE H981 sure that both sides had an even really need to stand back and remem- And he would say that he was consider- chance to express their views on legis- ber, is that before we were Repub- ing it because the only known cure for lation. He was an inspiration. I have al- licans, before we were Democrats, we Presidentialitis was embalming fluid. ways looked to Mo. were Americans first. Mo Udall under- And so he was always considering it, Even though he is gone, Mo will al- stood that, and he understood that re- and we were encouraging him to con- ways remain, in my view, as one of the gardless of who gets the credit for it, sider it because he was someone who greatest legislators to come to serve in we are going to do the right thing. would have been a great President. the Congress, whose history, whose leg- I got to know very intimately Mo’s I remember in 1979, I think that the acy will always remain here, not just sister, Inez Turley. She was my history gentleman from California (Mr. in the books of the Congress, but in the teacher, and she had the most profound GEORGE MILLER) and the gentleman service, in the legislation and in the impact upon my life of any teacher I from Minnesota (Mr. BRUCE VENTO) manner in which he represented the have ever had. She truly loved the sub- were with us, and we went up to Three constituents of the great State of Ari- ject of world history that she taught. Mile Island in a bus to check out the zona. She cared about her students and she accident. And we pulled in with a bus, It was an honor to serve with him. I oozed love and concern. I know there up within 10 feet of those looming, want to pay tribute to the gentleman are family members here today, and I eerie cooling towers, with radioactivity from Colorado (Mr. MARK UDALL) and want them to know that their sister, permeating every inch, and we were the gentleman from New Mexico (Mr. their aunt, their cousin, whoever she going to go inside. And Mo, TOM UDALL), who will be taking his might be to them, I loved her and she deadpanned, as we were sitting there place, and express my deepest condo- had a profound impact upon my life looking at this facility, looked at each lences to the family on the great loss and I will never forget her. In her later of us and said, ‘‘Men, I hope you each that this Nation has suffered by his un- years she also taught Sunday school, wore your lead-lined jock strap today. timely death. and my mom and dad and I were all This could be serious.’’ And so we went Mr. KOLBE. Mr. Speaker, I yield members of her class, and she inspired in laughing, even with our apprehen- such time as he may consume to gen- us and made us want to be better peo- sion, because this was Mo’s way of tak- tleman from the Arizona (Mr. SALMON), ple. ing even the most serious moment and a very distinguished Member of the Ar- The Udall legacy is one that, not just ensuring that he had found the light- izona delegation, but also I know he Mo Udall, but the entire Udall clan is hearted way of looking at it. knew Mo Udall personally and has prof- something that I think has benefitted As my colleagues know, we each vote ited from that knowledge of knowing all of Arizona. I am proud to call them with a card, and the card is something him. my friends, my neighbors, my brothers that registers our vote. We put it in a Mr. SALMON. Mr. Speaker, Mo Udall and my sisters, and God bless Mo machine and then, in this accommoda- used to call himself the one-eyed Mor- Udall. We thank him for all he meant, tion between the Daughters of the mon Democrat, and I guess I would be not only to Arizona but to America. American Revolution and technology the wide-eyed Mormon Republican. I I hope, Mo, as we go forward, you will that was cut in this chamber in the think that is one of the things that we smile down on us with your wit and early 1960s, our names all flash up on had in common. help us to remember not to take our- the side of the wall. And 15 minutes selves too seriously, but to remember after the vote begins, they all dis- b 1245 that, above all, the most important appear and the chamber goes back to Let me first of all say that Mo Udall thing that we can do is to serve. how it was in 1858. And when each of us came from good stock. It is no surprise Mr. PASTOR. Mr. Speaker, I yield 3 vote, our vote is recorded up there, yea that Mo Udall always won his elections minutes to the distinguished gen- or nay. with a very, very large margin. But tleman from Massachusetts (Mr. MAR- Well, every time I walked in the door then Mo Udall was related to over half KEY). for 15 years I looked up to see how Mo of Arizona, so I do not think he really Mr. MARKEY. Mr. Speaker, I met Mo Udall had voted, because I knew that ever had too much of a challenge. Udall in Malden Square, my hometown, Mo Udall would cast the correct vote, In fact, I think if I tried to one-up in January of 1976. I was a State rep- the right vote, and I could measure the gentleman from Arizona (Mr. resentative, and I endorsed him for myself by whether or not I had the po- KOLBE), I would change that resolution President out of a collection of people litical courage or wisdom to vote the and say, why should we stop there, let whom I did not know, but I felt that way he did at that time. But I was not us just change the name of Arizona to Mo Udall had the instincts and the the only one who did that, Mr. Speak- Udall Country and we will all be grace and the intelligence to be a great er. Scores of other people came in the Udallians. That would probably be a President. chamber each time, during all the time better suggestion. Then I got to think- He came to my hometown and I met I was in Congress, and looked up at ing about it. A few months ago I made him at an event, and he shuffled me that wall to find out how he had voted. probably an avant-garde proposal to into the back seat of his car and I In those final years, when he had put Ronald Reagan’s face on Mt. Rush- drove around with him for a day listen- Parkinson’s, this terrible disease which more. Maybe I should swap that and ing to him talk and watching him in- traps the mind inside a body that will put Mo Udall’s face on Mt. Rushmore. fluence every single person who he not function the way it wants, that I think a lot of people would probably met, whether he was just shaking their mind, that sense of humor, that insight get behind that right here and now, be- hand or giving a speech. But the effect was still inside of him and still speak- cause Mo Udall was the kind of guy was uniform and permanent, and I was ing, still talking to us, even though it that inspired us to become better. one of the people who was affected by was hampered by this physical ailment I look at the things we go through in him. that ultimately took him. And I think life. Sometimes they are hard to bear. My predecessor in Congress an- one of the things that we can do for Mo This last year it has not been a pleas- nounced the next month that he was over the next year is to make sure that ant time being in the Congress. We not going to run for reelection, and I for the Parkinson’s patients, for the have been through some very, very ran and I won. Much to my surprise, Alzheimer’s families that saw this huge tough times. America has been through within the year I was a member of the cut in home health care in the 1997 bal- some very, very tough times. And I Interior Committee with Mo Udall, this anced budget amendment, that cut by thought to myself over and over during man whom I held in awe as the chair- 20, 30 or 40 percent the amount of home the process, ‘‘Where are you, Mo Udall? man of the committee, even though I visits that these spouses can have as I wish you were here right now. We sat at the very bottom rung of all of relief from this disease as they try to could use your humor, we could use the committee seats. care for their families, is that we can your love, we could use your patriot- And over the years the experience make sure that we restore all that ism.’’ has become too numerous to mention, money; that we give to these families Because one of the things that Mo but we always encouraged Mo, in 1980 what they need in order to give the dig- Udall recognized, and I think all of us and 1984, to please run for President. nity to their family member that they H982 CONGRESSIONAL RECORD — HOUSE March 4, 1999 love so much. And in Mo Udall’s mem- would all be guilty of the same. But in ka, to make sure that, in fact, the ory, I think that that would be a wor- imitating and following in the foot- great environmental assets of this Na- thy objective for us to try to achieve steps of Mo Udall, in a modest way, tion were protected and preserved for this year. myself and my other colleagues work- future generations. Mo, without question, was one of my ing on environmental issues on a non- He took lands that were going to be idols. I revered him and I loved him partisan basis, I think we really reach subjected to dynamiting and desecra- and I am going to miss him dearly, and for the highest ideal in terms of public tion and he fought to save those lands. I thank my colleagues so much for service. I am very proud of that, and These were not easy battles when he holding this special order. the lessons I have learned from him fought them. These were titanic strug- Mr. KOLBE. Mr. Speaker, I yield and the quotations that I have bor- gles against powerful mining compa- such time as he may consume to the rowed from him and the progress that nies and powerful oil companies and gentleman from Minnesota (Mr. we have made. powerful timber companies, and he was VENTO), who did serve on the Interior Almost every issue that came before there in the forefront. He did not fight Committee with him and knows very this Congress during his service in the for 1 year, he fought for many years. well the legacy of Mo Udall. Congress, serving on what we call two He fought until he had succeeded. And, Mr. VENTO. Mr. Speaker, I thank minor committees on the Democratic now, many areas of this country enjoy the gentleman from Arizona (Mr. side, Post Office and Civil Service and a better economy, they enjoy protec- KOLBE), a good friend, for yielding me Interior and Insular Affairs, serving on tion of their rivers, their forests, their this time in true bipartisan spirit here. these two minor committees, he made public lands because of Mo Udall. Mo would be proud of us today in terms a major impact in terms of the friend- Native Americans enjoy much great- of our working together on many tough ships that he made and in terms of the er involvement in the government of topics. And certainly I want to rise in work that he did and the legislation this Nation, in their ability to govern strong support of this concurrent reso- that he wrote. Today is the foundation. themselves, to have much more say lution that my colleagues, the gen- We stand on those shoulders. over how this government treats them tleman from Arizona (Mr. PASTOR) and Our goal today is to, of course, look and involvement in the policies ac- the gentleman from Arizona (Mr. ahead further, to do a better job, to corded them. KOLBE), have joined together on with build on that record of progress. And b 1300 other members of the Arizona delega- certainly in this resolution I want to tion. state my respect, my affection and my Those are the gifts that he gave this Frankly, Mo Udall did not just be- love for this great American from Ari- Nation. But he also gave this body and long to Arizona, he was one of our zona who we all benefitted from and gave the political system in this coun- great treasures and one of our great who is our great mentor. I am glad to try the gift of his humor and his wit. mentors as a national legislator in this give him the credit and the recognition He would treat his enemies and his Congress. And, clearly, his long illness that is provided in this resolution, and friends alike. He would answer them and his final passing this December is again ask everyone to support it, and with gentle humor very often, subtly something that I think haunts all of us thank my colleagues for offering it. pointing out the failure of their argu- when we think about the terrible dis- Mr. PASTOR. Mr. Speaker, I yield ments and the failure of their point of ease that wracked his body. But I sus- myself such time as I may consume to view, but he did it in such a fashion pect he suffered on through all of that thank my colleague, the gentleman that he took to heart the idea that in just to make certain there were two from Minnesota (Mr. VENTO), for in- politics, you ought to try to disagree Udalls that were elected to Congress to forming me of which category I fall in. without being disagreeable, clearly a take his place and to pass the torch It is the latter rather than the former. change from what we experience today. along to. Indeed, I am sure they, in So I want to thank him. But that was the gift that he gave us their own way, will be making their Mr. Speaker, I yield 4 minutes to the and that is why so many of us enjoyed mark in this institution, and I con- gentleman from California (Mr. being around him. gratulate them on their victories and GEORGE MILLER), the ranking member I was fortunate enough to succeed Mo look forward to working with them, as of the committee on which Mo served as chairman of the House Interior Com- I did with their uncle and father, Mo as chairman for many years. mittee and when I did, we named the Udall. (Mr. GEORGE MILLER of California hearing room for him. We thought it If it were not for Mo Udall, many of asked and was given permission to re- was fitting when you look back on his us would not be able to get up and give vise and extend his remarks.) environmental legacy, his legislative very many speeches, because in much Mr. GEORGE MILLER of California. legacy that clearly it was a tribute of the content of our speeches we could Mr. Speaker, I thank the gentleman for that he deserved, somewhat modest be accused of using and reusing his sto- yielding me this time, and I thank the compared to his legacy, but I think it ries. One of the great ones, that I al- gentleman from Arizona (Mr. KOLBE) is one that is quite properly deserved. ways thought came across pretty well, for bringing this special order to the I also think that it must have been was when he referred to two types of floor, as well as the gentleman from enormously satisfying prior to Mo’s Members of Congress: ‘‘Those that Arizona (Mr. PASTOR). passing away to know that his son don’t know; and those that don’t know We obviously are paying tribute to a MARK would be serving in Congress and they don’t know.’’ great American and a legend in terms his nephew TOM would be here with I think he probably put us in our of his membership of this House, Mo him. I only wish that he would have place as it relates to the size of our Udall. He was one of the few Members known that they had been selected on ego, which does not necessarily grow of Congress that ever was able to enjoy the Interior Committee, the Interior with the size of what we know. One a national constituency because of the Committee that he gave so much tends to exceed the other. But I think issues that he struggled with and the standing and dignity to. it reminds us of the fact of what the leadership that he provided. He was Finally, you cannot end a discussion real process is that we work on around able to change the face of his home of Mo Udall without a Mo Udall story. here. I often lately have been quoting State, Arizona; to change the econom- Of course the one he told most often on and saying that our job in Congress is ics of that State because of his interest himself was the business of when he not so difficult, all we have to do is in western water policy and his in- was campaigning in New Hampshire, he take new knowledge and new informa- volvement there. went into a barber shop and he an- tion and translate it into public policy. We sit in a Nation today where the nounced, ‘‘I’m Mo Udall, I’m running Of course, the fact is most of us do not eastern most point is named Point for President,’’ only to be greeted by hold still long enough to stop and lis- Udall and the western most point is the response, ‘‘Yeah, we were just ten to what is being said sometimes to named Point Udall. And in between Mo laughing about that this morning.’’ properly process it. Udall fought titanic struggles, titanic That is exactly how he so disarmed au- I am glad that plagiarism does not struggles over the public lands of the diences all over this country, who came apply to political statements or we United States, in the lower 48, in Alas- sometimes with preconceived notions March 4, 1999 CONGRESSIONAL RECORD — HOUSE H983 but they left the room loving him. He legislative work. As a Nation we con- to broader values which speak to the fought a titanic struggle in Alaska, a tinue to benefit from Congressman essence of what we are as a Nation. huge struggle over the preservation of Udall’s work on broad environmental Very rarely do we get a person like Mo public lands. He was not well-liked in issues and Congressman Burton’s work Udall who not only spoke to the broad- Alaska. They told him never to come for our national parks. er national values but he spoke to back, that he was not welcome there. I I am honored, Mr. Speaker, to have them by taking on the cause of con- had the opportunity to travel with him considered Mo Udall a true friend and stituencies not his own, constituencies on his last trip to Alaska and the re- am further honored to make this trib- that could not possibly benefit him po- porters asked him at the end of the ute to him. This resolution recognizes litically in any way. trip, after we had visited the State and his achievements and he will live on in And so it is in that spirit that I as a many of the areas that were in con- the memories of those who knew him representative of a territory, a nonvot- troversy, and a reporter asked him, for decades to come. ing delegate, stand here today to bring ‘‘How did the people of Alaska treat Mr. Speaker, Mo Udall’s legacy will some recognition to his work with the you, Congressman Udall, this trip, be remembered by Members of this in- territories. I want to pay special honor compared to when you were here be- stitution and for the past years, for to his work in bringing about the Com- fore?’’ now and even for future generations to pacts of Free Association between the He says, ‘‘Oh, it’s much better now. come, millions of Americans will come United States and the Republic of They’re waving good-bye with all five to enjoy the beauty of our national Palau, a time when the political envi- fingers. It’s much better now.’’ That parks, our rivers, our national refuges ronment in Palau was very hazardous, was from a man that it was a true and wildernesses all because one man very unstable. Congressman Udall tem- pleasure to serve under in the Commit- made a difference, struggling very hard pered the emotions and helped generate tee on Resources that clearly was a in very difficult times to pass national House support for the Compacts of Free member of this House. legislation to preserve these national Association in Palau, and as a result of Mr. KOLBE. Mr. Chairman, I yield treasures. Mo Udall’s name will never that, he shepherded that compact to its such time as he may consume to the be forgotten. final fruition. gentleman from American Samoa (Mr. Mr. Speaker, one of the things that I Congressman Udall was also instru- FALEOMAVAEGA). admired most about this great man, mental in getting the Puerto Rico Self- (Mr. FALEOMAVAEGA asked and this great American, is that he truly Determination Act passed by the House was given permission to revise and ex- had a love and affection for the Native on a voice vote. In Guam’s case, he was tend his remarks.) American people. I recall, Mr. Speaker, very instrumental in bringing about a Mr. FALEOMAVAEGA. Mr. Speaker, in the movie ‘‘Dances with Wolves,’’ if meeting in 1983 with House leadership I personally want to thank the gen- you remember that one incident where and administration officials to discuss tleman from Arizona for allowing me Kevin Costner was walking along the Guam’s political status. Based on that such time to share my thoughts with riverside or the meadows with this In- meeting there was a later meeting in my colleagues and certainly with the dian chief and this Indian chief turned Albuquerque, and this led to what is American people concerning this great to Kevin Costner and said, ‘‘You know, known in Guam as the Spirit of Albu- American. my most, if there is anything that I querque, in which a commonwealth Mr. Speaker, I first met Congressman want to be in my life, was to become a draft act was presented. Although that Udall in 1975 when I became a staffer true human being.’’ draft act has not come to pass this for the House Committee on Interior I would like to say on behalf of all House in all these years, Mo Udall was and Insular Affairs. He became chair- the Samoans living here in the United there in the beginning. man of the committee in 1977 and used States, I pay a special tribute to Mo In an ironic way, Mo Udall fell to the this position very effectively in sup- Udall. He was truly a human being. disease of Parkinson’s disease, a con- port of our Nation’s environmental Mr. PASTOR. Mr. Speaker, I yield 4 stellation of diseases which occur on needs. During his 30-year career in the minutes to the gentleman from Guam Guam at 17 times the national rate, House, he was known for his consider- (Mr. UNDERWOOD). most often known in Guam as litiku able legislative accomplishments, his Mr. UNDERWOOD. Mr. Speaker, I bodek. In his honor and in his memory, unfailing grace, and was respected by thank the gentleman from Arizona for we should make sure that this funding all those who knew him. yielding me this time and certainly to for research on this disease as a way to Mr. Speaker, known as one of the stand in strong support for H.Con.Res. prevent it from occurring in future more liberal Members of the House, his 40, honoring former Congressman Mor- generations and dealing with those who ideas were opposed by many but have ris Udall. are afflicted by it today should be since come to be recognized as part of It is an honor for me to appear here passed and should be dealt with in a our national evolution. His legislative today and to support and commemo- very supportive way by this body. accomplishments were noteworthy: rate the accomplishment of Congress- I also want to draw attention to Strip mine control legislation, protec- man Udall, especially as a representa- something that the gentleman from tion of millions of acres of Federal tive from one of the U.S. territories. As California (Mr. GEORGE MILLER) men- lands as wilderness, revision of Federal my colleagues have so eloquently stat- tioned earlier. The easternmost part of pay system, establishment of the Post- ed already numerous times, Mr. Udall, the United States is in the Virgin Is- al Service as a semiprivate organiza- Mo Udall, was instrumental in improv- lands and that is named after Stewart tion, reform of the Civil Service to pro- ing the political process of this body Udall. The westernmost part of the mote merit pay, more flexibility for and indeed of the entire Nation. We United States is in Guam and there is Federal managers, and the enactment have also heard many stories about a tiny rock out there that the people of of the first meaningful laws governing how he was a proponent and a cham- Guam have decided to honor Mo Udall the financing of Federal campaigns. pion for preserving the environment by naming it after him. So from the Mr. Speaker, earlier in his career he and that not only do we enjoy that easternmost to the westernmost, the was a professional basketball player, today but future generations will enjoy Udall name is there forever. lawyer, county attorney, lecturer and that as well. Mr. KOLBE. Mr. Speaker, I yield cofounder of even a bank. He ran for His influence, though, extends way such time as she may consume to the the Democratic presidential nomina- beyond the coast, the East Coast and gentlewoman from New York (Mrs. tion in 1976. the West Coast of the United States. MALONEY). Mr. Speaker, Mo Udall ran for the Sometimes Members of Congress come (Mrs. MALONEY of New York asked Speaker of this institution against here and basically they try to simply and was given permission to revise and Representative John McCormick in represent the constituencies that extend her remarks.) 1969. Like another of my heroes, the brought them here. Other times some Mrs. MALONEY of New York. Mr. late Congressman Phil Burton, Mo Members of Congress come here and Speaker, I thank the gentleman for Udall lost his race for a leadership po- they try to represent broader national yielding me this time. I thank the gen- sition and then devoted his efforts to values, an effort on their part to speak tleman from Arizona (Mr. KOLBE) and H984 CONGRESSIONAL RECORD — HOUSE March 4, 1999 the gentleman from Arizona (Mr. PAS- course, the humor that you have ity as high and as brightly as we pos- TOR) for organizing this resolution in shared with us today. sibly can. We heard a lot about my fa- honor of Mo Udall. b 1315 ther’s great belief in civility today. I never met Mo Udall. The only way Again, I thank all of my colleagues I knew him was by reading about the I also want to thank my colleague, on behalf of my family. issues that he stood for, the actions the gentleman from Arizona (Mr. Mr. PASTOR. Mr. Speaker, I yield that he took in Congress, and as a lead- KOLBE), for bringing this piece of legis- myself such time as I may consume. er. I always admired him. In 1976, long lation forward that would rename this Mr. Speaker, those of us from Ari- before I was ever elected to city, State magnificent national forest in Arizona zona have known of the contribution of or Federal Government, as a public cit- after my father. I cannot think of any- public service, beginning with the izen I endorsed him and even sent him thing that would make him more proud Udalls as they came into Arizona, were a check when he ran for President, be- and more happy. at the forefront of providing leadership cause I liked what he was doing on a Those of my colleagues who spent in St. Johns and other parts of Arizona national level, and I wanted his leader- time with my father know that when and when they came into the valley. ship to be felt even more in our coun- he was out of doors and he was breath- The district was first represented by try. I never served with him as many of ing that sweet air and looking at those Stewart Udall very ably. He became my colleagues are sharing their stories faraway vistas, that he was never the Secretary of Interior, was suc- and memories, but when I joined this happier and never felt more alive than ceeded by Morris K. Udall, and my col- body, it was hard to go to a caucus he did in those kinds of situations. So, leagues heard of the great contribu- meeting or a large meeting where his this is truly an important and great tions they gave, not only to Arizona, to name was not referred to, where my symbol of what my father stood for. District 2, but to all America. colleagues quoted him or referred to Mr. Speaker, I feel a little awkward Mr. Speaker, Mo Udall was an inspi- the actions that he achieved or the talking at great length about my fa- ration not only to his son and to his goals that he stood for. He was greatly ther. I think that is in some ways an nephew and to his family, but he was admired by those who worked and important job that my colleagues here an inspiration to all of us, because we served with him. and his friends and my family can un- knew that if there was a wrong that I consider it a great honor, and I am dertake. But I did want to share a cou- needed to be corrected, that Mo was sure he would, too, that his son and ple of thoughts, not only as a Member there, and he inspired us to continue nephew have joined this body and will of this body as an elected official but that effort. If there was a need to pre- be working along the same principles as my father’s son. serve a piece of land, a forest, he in- and goals that he did. Today there are I spent the last year running for of- spired us to continue that effort, not a number of important tributes to Mo fice in Colorado, and I was asked, as we only for ourselves, but for future gen- Udall. There is a memorial service at 2, all are, why would I want to do this, erations. I know that Mo, his legacy there is a dinner tonight honoring him, why would I want to undertake such a will continue in the future because of and there is probably no greater way to challenge involving the fund-raising what he did, and that was to make this honor him and his work than by a liv- stresses and the separation from your country a better place to live for not ing tribute. This morning, in a biparti- family and the lost sleep and the epi- only our generation but for future gen- san spirit, as we are today on this thets that are hurled our way as some- erations. floor, the gentleman from Michigan body who is campaigning for office, and ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE (Mr. UPTON) and myself and many oth- I had three answers: The SPEAKER pro tempore (Mr. SES- ers have started a Parkinson’s task The first is that I care deeply about SIONS). The Chair will remind all Mem- force in honor of Mo Udall and others some of the issues facing our country, bers not to refer to occupants of the who have suffered from this terrible as I think do all the Members of Con- gallery. disease. We hope to achieve a cure gress, whether it be education or the Mr. KOLBE. Mr. Speaker, I yield 2 within 10 years. The current director of environment or health care, and those minutes to the gentleman from Michi- the National Institutes of Health says are important to me, but they were not gan (Mr. BONIOR). that it is achievable. Last year, $100 the most important thing. Mr. BONIOR. Mr. Speaker, I thank million was authorized for Parkinson’s The second thing was that I had a my friend for yielding this time to me, disease research. We need to work to- deep commitment to public service, and I apologize for not being here in a gether to make sure this money is ap- and I was mindful of my father’s more timely manner. propriated so that we can find a cure thoughts that we do not inherit the I just want to thank the gentleman for Parkinson’s so that others will not earth from our parents, but in fact we from Arizona and my dear colleague, suffer in their final days as he did. borrow the earth from our children. the chief deputy whip, the gentleman Mr. PASTOR. Mr. Speaker, I yield And, in addition, he loved to say: from Arizona (Mr. PASTOR), for his such time as he may consume to the ‘‘Hey, America ain’t perfect, but bringing this issue of importance to us gentleman from Colorado (Mr. Udall), a we’re not done yet.’’ on the floor today. It is important be- new Member and also Mo’s son. Those sentiments also drove me. cause Mo Udall was a very special per- Mr. UDALL of Colorado. Mr. Speak- That was the second reason I ran. son, loved by virtually everybody that er, I thank the gentleman from Arizona But, ultimately, when I thought I knew that served with him in this in- for yielding me this time. I want to about it, it was something more per- stitution. begin by acknowledging that a number sonal than that. What it was was that Mr. Speaker, I had the great honor of of my family members are in the gal- my father inspired me, and he inspired working with him on the Alaska lands lery up here and on behalf of them and me by what he did and by how he car- bill. It was one of the first things that all of our family around the country, I ried himself, but he also inspired me I involved myself in when I came to the want to extend our deep appreciation because he went out every day with the Congress on the Merchant Marine Com- to a number of people. idea that he was going to inspire other mittee. He, of course, was a giant, one First let me begin by thanking the people, and that commitment on his of the giants together with his brother, entire Arizona delegation, starting part inspired me to want to emulate Stewart, in the environmental move- with Mr. KOLBE and Mr. PASTOR, and the kinds of commitments and the ment in this country, chairman of the including Mr. SALMON, Mr. HAYWORTH, kinds of things that he achieved in his Interior Committee, and it was a mag- Mr. STUMP and Mr. SHADEGG for their life. nificent effort on Alaska that will live cosponsorship of this resolution today. So, Mr. Speaker, I would ask all of us in the memory of this country for cen- I also want to thank all my father’s in this body to remember that as we turies. colleagues and now my colleagues who move ahead, and I think in the end we Mr. Speaker, he was just a joy to have come out and taken the time honor my father’s memory and we work with. today to speak during this resolution. honor his achievements by continuing The other bill I worked with him on We are very grateful for that and for to try to inspire others around us and, was the Civil Service bill in which he the memories and the stories and, of finally, by carrying that torch of civil- showed great leadership, great patience March 4, 1999 CONGRESSIONAL RECORD — HOUSE H985 with a very young Member of Congress and dignity live on in this body, and Mo Udall imparted great lessons to all of us. at that time, and his kindness, his Lord knows where the tradition will go On Vietnam, ``I am unhappy because we are humor, will always be remembered. from here. involved in this war at all. As far as I am con- I just want to say to MARK, his son, I wanted to make one point about the cerned, it is the wrong war in the wrong place and to TOM, his nephew, and to the environment, however, because, as we at the wrong time.'' On environmental steward- family how much I have been enriched all know, Mo was born in desert coun- ship, ``We hear a lot of talk about our Amer- by his presence and his life. try, but he fell in love with the snow- ican heritage and what we'll leave our children I will tell my colleagues one quick capped Alaska wilderness and its vast and grandchildren. The ancient Athenians had story, if I might, on his popularity. No- beauty that was so unlike his roots. an oath that read in part: `We will transmit this body knew him from Adam in my con- After a trip there, Mo spent a good por- city not only not less, but greater and more gressional district. In 1976, he ran for tion of his service in Congress dedi- beautiful than it was transmitted to us.' '' President, came to Michigan, was a big cated to the protection of the great Mo Udall may have lost many battles, and underdog to Jimmy Carter. The unions, Alaskan wilderness. his greatest last battle against Parkinson's heads of the unions, the head of the He was responsible for the Alaska Disease, but he was a winner for our nation auto companies, front page of the De- Native Claims Settlement Act, which and leaves a legacy of outstanding leadership, troit papers had endorsed Carter. He transferred 55 million acres of land to a model for all of us serving in Congress. Be- came into that State and taught a mes- the Alaska natives; and he was success- fore his death, Mo was honored with the Pres- sage that responded to the common in- ful in imposing a prohibition on energy idential Medal of Freedom in 1996. dividual and did very, very well. I development in the Arctic National Our country is blessed by his life, from 1922 think, if he did not win, he lost by a Wildlife Refuge. I bring this up because to 1998, and from his work on behalf of the half a percent. I think he may actually my constituent, Dr. Edgar Wayburn, environment, civil service reform, campaign fi- have won Michigan that year. But he worked with him on that. nance and myriad other initiatives to improve won my district with 62 percent, and I know my time has expired. I will people's lives. Mo Udall was a captivating indi- that is significant, because 4 years ear- submit the rest of my statement for vidual who is remembered by his engaging lier George Wallace won my district by the RECORD, but I say of Mo it was not wit, his humility, his perseverance and incom- the exact same amount. It shows, as only that he represented his area so parable accomplishment. my colleagues know, he had a way of well, he was a leader for our entire Mr. KOLBE. Mr. Speaker, I yield my- reaching people in a very special way great country. self such time as I may consume. In closing this, and ‘‘debate’’ is not with his humor, with his passion, with Morris K. UdallÐMo to everyoneÐwas a the right word for it, closing these dis- his commitment, and he will always be giant in this Congress and in all aspects of his cussions, these eulogies, these wonder- remembered in my mind as certainly life. After dedicating a lifetime to protecting our ful statements that have been made national treasures, he became one. one of the giants that ever walked into here today and before yielding back the Born in the desert country, he fell in love this well. balancing of my time, let me just say Mr. Speaker, I thank both of my col- with the snow-capped Alaska wilderness and to my colleagues that I think the leagues from Arizona, and I thank my its vast beauty that was so unlike his roots. words that have been spoken here on friend from Colorado for bringing this After a trip there, Mo Udall spent a good por- the floor give only a very partial tion of his service in Congress dedicated to today. sketch of this wonderful person who we Mr. PASTOR. Mr. Speaker, I yield 2 the protection of Alaska's great wilderness. all knew as Mo Udall because he was minutes to the gentlewoman from Cali- He was responsible for the Alaska Native such a giant there really are not fornia (Ms. PELOSI). Claims Settlement Act which transferred 55 enough colors in the palette to paint Ms. PELOSI. Mr. Speaker, I thank million acres of land to Alaska's natives and this wonderful person. the gentleman for yielding this time to he was successful in imposing a prohibition on It is hard to think what about Mo me and our colleague, the gentleman energy development in the Arctic National Udall I would want most to remember, from Arizona (Mr. KOLBE). Wildlife Refuge. whether it is his legacy of the environ- Mr. Speaker, as a representative of I am pleased to note that one of my con- ment, the courage that he had of San Francisco in the Congress, I want- stituents, 92-year-old Dr. Edgar Wayburn of speaking out on Vietnam back in the ed to speak because many of the people the Sierra Club, worked tirelessly with Chair- 1960s, what he did for Native Ameri- in our region, even though we were not man Udall to protest these lands. Mo Udall's cans. But I think I would choose to represented officially by Mo Udall in contributions to protecting our environment think of the civility that he brought to the Congress, certainly have considered and preserving the American landscape this body, Mo Udall’s sense of humor, him a leader on many of the issues of reached far beyond Arizona, and his work has his self-deprecation. He was an individ- concern to our area. He had political touched all our lives and the lives of our chil- ual who never took himself so seriously alliances with the Burton family in dren. that he lost sight of where he came San Francisco, and now that I rep- In Congress, we will continue to work to from or where he was going, and I resent San Francisco I wanted to speak honor Mo's memory and seek passage of the think that really is the legacy that all for my constituents in honoring Mo Morris K. Udall Wilderness Act to provide per- of us in this body would do well each Udall. manent protection to the Arctic National Wild- day and each week and each year to re- I think that any of us who served life Refuge. In the last Congress, this legisla- member. If we do, we will not only be with Mo would say that one of the tion had 150 cosponsors. It is the most appro- better as human beings, but this will great privileges of our political lives priate means to honor this great Congressman be a better body, and this will be a bet- was to be able to call him a colleague. and environmentalist. ter country. He served with such great intellect You might think a person would lose their Mr. Speaker, I would like to remind and, of course, humor, as we have all sense of humor after suffering defeatÐnot so my colleagues and all others who ei- heard. He was a teacher to us in many for Mo Udall. Success eluded him in his run in ther knew Mo Udall or did not know ways, as a colleague; and he was a the Presidential primaries of 1976 and in his him but loved him and know of what he teacher, of course, in his later years two runs at election for House Speaker. has done that this afternoon, in just 30 with the dignity with which he faced Mo never abandoned His humorÐif you're minutes, at 2 o’clock in the Cannon his challenge. running for leadership, ``you've got to know the Caucus Room, there will be a memorial We are very fortunate. I know that difference between a cactus and a caucus.'' service to honor him. Mo was very pleased with the gen- We are particularly fortunate to have Mo's Mr. STUMP. Mr. Speaker, in the history of tleman from Arizona (Mr. PASTOR) son, MARK, serving in Congress to carry on those who have served in the House, rel- coming to Congress to serve the great the Udall tradition with his cousin, TOM. MARK atively few names will appear to date as Mem- State of Arizona; and I also know, we has stated about his father, ``He taught me bers from the State of Arizona. Those who all know, what a thrill and what a joy that humor is essential to the workings of a have served may be few in numbers, but they it was to Mo to have his son, MARK, strong democracy. He taught me to take your have made a difference in this House and on and his nephew, TOM, serve in this Con- work seriously, but not yourself too seriously.'' behalf of our State. gress. What a perfect way for his life to I am pleased to serve with the new ``Udall Such was certainly the case of Arizona's Mo end, to see the tradition of greatness Team'' in Congress. Udall. The demeanor with which we conduct H986 CONGRESSIONAL RECORD — HOUSE March 4, 1999 our business in this House will forever be in- level of public attention to the plight of coal- Ten years later, in 1987, as his Mining Sub- fluenced by Mo. We can disagree, but Mo field citizens adversely affected by certain coal committee chairman I resurrected the issue demonstrated time and again that humor will mining practices from a local, to a truly na- and today, mining law reform legislation is insure that we do not have to be disagreeable. tional, level. being actively considered by the Congress. It is no secret that politically, Mo and I were The Congressional debates of the mid- Mo, I will do my best to use the same judg- on opposite sides of the political spectrum, but 1970's, and bills passed only to be vetoed, set ment, same humor, you would bring to the de- when it came to Arizona, we could work to- the stage for Mo Udall's introduction of H.R. 2 bate. Mo Udall, this one piece of unfinished gether as well as any two Members. His leg- on the opening day of the 95th Congress in business, once completed, is for you. acy in Arizona is really twofold. We both came 1977. God bless you, Mo Udall. from a generation that saw Arizona boom from As a newly elected Representative from Mr. KOLBE. Mr. Speaker, I yield a State of small communities in rural environ- West Virginia, I was honored to serve on the back the balance of my time, and I ment to aggressive growth in full-fledged Interior Committee at this time, at the very move the previous question on the con- urban areas. What made Arizona attractive to time when Mo Udall took the leadership reins current resolution. so many from around the country, the lifestyle of the Committee, at the very time when after The previous question was ordered. and the uniqueness and beauty of the environ- years of struggle it looked likely that a federal The concurrent resolution was agreed ment, were the focus of Mo's work in Arizona. strip mining act would pass muster. I was to. While he worked tirelessly to protect Arizona's given a great compliment when Mo Udall A motion to reconsider was laid on grandeur and protect it for future generations, chose this freshman Member from West Vir- the table. he was also instrumental in insuring that Ari- ginia to serve on the House-Senate Con- f zona had the resources she needed to sup- ference Committee on H.R. 2, and stood in GENERAL LEAVE port a growing population and economy. Pro- the Rose Garden with President Carter and tection through wilderness areas, and water Mo Udall when the bill was signed into law as Mr. KOLBE. Mr. Speaker, I ask unan- through the Central Arizona Project. Such the Surface Mining Control and Reclamation imous consent that all Members may were the dichotomies of Mo Udall. Act of 1977. have 5 legislative days in which to re- Mo earned people's respect through listen- This law has served the people of the Appa- vise and extend their remarks and in- ing, hard work, humor, and compromise. He lachian coalfields well. It has made the coal- clude extraneous material on H. Con. certainly earned mine. fields of this Nation a much better place in Res. 40, the concurrent resolution just Mr. RAHALL. Mr. Speaker, I join my col- which to live. The vast majority of the coal in- adopted. leagues today in paying tribute to Mo Udall, dustry is in compliance with the law, and The SPEAKER pro tempore. Is there and would note that two Udalls, MARK and countless acres of old abandoned coal mine objection to the request of the gen- TOM, are Members of the 106th Congress and lands have been reclaimed under the special tleman from Arizona? are carrying on the legacy set by Mo and his fund established by the act. There was no objection. Mo Udall's original insight and foresight brother Stewart. f There are those today who will speak about have proven correct and we are very much in- ADJOURNMENT TO MONDAY, Mo Udall, the gentleman from Arizona. Mo debted to him. When God made the moun- MARCH 8, 1999 Udall, the Presidential candidate. Mo Udall, tains of my home State of West Virginia, he made a special breed of people to preside the powerful chairman of the Committee on In- Mr. KOLBE. Mr. Speaker, I ask unan- over them. We are born of the mountains and terior and Insular Affairs and his vast legisla- imous consent that when the House ad- hollows of our rugged terrain. Our State motto tive accomplishments. Mo Udall, the man. journs today, it adjourn to meet at 2 I share the sentiments of my colleagues in is ``montani semper liberi''Ðmountaineers are p.m. on Monday next. always free. Although Mo Udall is from the these matters. As a freshman Member of Con- The SPEAKER pro tempore. Is there southwest, from Arizona, he understood us. gress I began serving on the Interior Commit- objection to the request of the gen- He understood the true beauty of our hills and tee in 1977, the year Mo became its chairman. tleman from Arizona? hollers. He is, in my mind, an honorary West Under Mo's leadership, the years that followed There was no objection. Virginian. And his years of diligence in not were extremely productive for the committee. f only gaining the enactment of the 1977 law, Many of Mo's legislative initiatives were en- but in pursuing its implementation, will be long HOUR OF MEETING ON TUESDAY, acted into law, such as the Alaskan Lands remembered by all West Virginians. MARCH 9, 1999 Act. Under Mo Udall's guidance the committee Now, if Mo was here, I can imagine what he Mr. KOLBE. Mr. Speaker, I ask unan- produced a legendary amount of wilderness would say. He would tell the story about a and park legislation that will stand as testi- imous consent that when the House ad- young man at a banquet. This young man was journs on Monday, March 8, 1999, it ad- mony to the will and foresight of this great getting an award and he was flustered and he man. journ to meet at 10:30 a.m. on Tuesday, said, ``I sure don't appreciate it, but I really do March 9, for morning hour debates. Others will speak to those issues. I will deserve it.'' speak to but one of Mo Udall's legislative The SPEAKER pro tempore. Is there Mo turned over responsibility on the commit- objection to the request of the gen- achievements; one that left its mark on the tee for the surface mining act to this gen- tleman from Arizona? lives of every citizen of this Nation's coalfields: tleman from West Virginia, his chairman of the There was no objection. The landmark Surface Mining Control and Subcommittee on Mining and Natural Re- f Reclamation Act of 1977. sources. As I undertake my duties in this re- Mr. Speaker, for many years leading up to gard, the words Mo spoke on the 10-year an- b 1330 the enactment of this law, the gentleman from niversary of the enactment of the 1977 law DISPENSING WITH CALENDAR Arizona saw what was occurring in the Appa- ring in my ears: ``The act was, and is, more lachian coalfields of this Nation due to unregu- WEDNESDAY BUSINESS ON than a piece of legislation. It is a vehicle of WEDNESDAY NEXT lated surface coal mining. By the 1970's, it be- hope for those who live and who will live in came increasingly clear that the proliferation of America's coalfields.'' Mo left some big shoes Mr. KOLBE. Mr. Speaker, I ask unan- acidified streams, highwalls, refuse piles, open to fill. imous consent that the business in mine shafts, and other hazards associated Mr. Speaker, I cannot conclude without order under the Calendar Wednesday with past coal mining practices could not be making note of one other mining initiative. Mo rule be dispensed with on Wednesday ignored. understood what was occurring in the coal- next. It was on February 26, 1972, that a coal fields. But he also understood the abuses that The SPEAKER pro tempore (Mr. SES- waste dam located on Buffalo Creek in Logan took place in the West, in hardock mining for SIONS). Is there objection to the request County, WV, collapsed causing a flood of truly copper, gold, silver and other such minerals of the gentleman from Arizona? horrible proportions in loss of life, injuries, under the Mining Law of 1872. There was no objection. property damage, and people left homeless. It was also in 1977 that the effort to reform f This disaster, coupled with mounting con- the Mining Law of 1872 came to a head. Mo cerns over the failure of several States to Udall, a reform supporter, however, found that RESIGNATION AS MEMBER OF properly regulate mining, ensure reclamation the press of Committee business and other COMMITTEE ON THE JUDICIARY and the development of surface coal mining in considerations would cause this particular ini- The Speaker pro tempore laid before the semiarid West for the first time raised the tiative to be shelved for the time being. the House the following resignation as March 4, 1999 CONGRESSIONAL RECORD — HOUSE H987 member of the Committee on the Judi- petitioners the relief they are entitled 1998 imports, finished products were 2,443,000 ciary: to under law, and U.S. steel companies net tons, up 41 percent from the 1,733,000 net tons imported in December 1997. Excluding HOUSE OF REPRESENTATIVES, and employees strongly oppose the semifinished, imports in 1998 were 26 percent COMMITTEE ON NATIONAL SECURITY, agreements. of U.S. apparent consumption. Washington, DC, February 25, 1999. I agree with what the petitioners said Hon. DENNIS J. HASTERT, in their February 22nd statement, that As the chart on page 3 shows, steel imports Speaker, House of Representatives, the way to help Russia is not by sac- in 1998 surged from many countries. Compar- ing fourth quarter 1998 with same period 1997, Washington, DC. rificing the jobs and property of pri- DEAR MR. SPEAKER: I hereby request a re- imports were up 141 percent from Japan; up scission of my waiver to serve on three vate sector industries and our modern 162 percent from Russia; up 102 percent from standing committees of the House and sub- world-class steel industry. Korea; up 65 percent from Brazil; and up sub- mit my withdrawal from the Judiciary Com- Mr. Speaker, I include for the stantially from many other countries, e.g., mittee effective immediately. RECORD American Iron and Steel’s Feb- Indonesia (up 553 percent), India (up 365 per- Sincerely, ruary 19th Import Release, and the cent), China (up 131 percent), South Africa STEVE BUYER, February 22nd reaction. (up 73 percent) and Australia (up 38 percent). Member of Congress. The material referred to is as follows: Comparing fourth quarter 1998 product to- The SPEAKER pro tempore. Without [News Release] tals with same period 1997: the 2,708,000 net tons for hot rolled sheet were up 112 percent, objection, the resignation is accepted. 1998 STEEL IMPORTS OF 41.5 MILLION TONS the 1,222,000 net tons for cold rolled sheet There was no objection. HIGHEST EVER—ANNUAL TOTAL EXCEEDS were up 42 percent; the 871,000 net tons for 1997 RECORD BY ONE-THIRD 4TH QUARTER IM- f plate in coil were up 181 percent; the 706,000 PORTS UP 55 PERCENT FROM SAME PERIOD net tons for structural shapes were up 130 WE NEED AN EFFECTIVE, GLOBAL LAST YEAR SOLUTION TO ADDRESS THE percent; the 575,000 net tons for cut-to-length WASHINGTON, D.C.—In 1998, the United plate were up 180 percent; and the 523,000 net STEEL CRISIS States had the highest import tonnage ever, tons for galvanized HD sheet and strip were (Mr. QUINN asked and was given per- 41,519,000 net tons of steel mill products, up up 24 percent. mission to address the House for 1 33.3 percent from the previous record of 31,156,000 net tons imported in 1997, the In response to the December and full-year minute and to revise and extend his re- American Iron and Steel Institute (AISI) re- 1998 import data, Andrew G. Sharkey, III, marks and include extraneous matter.) ported today, based on a compilation of U.S. AISI President and CEO, said this: ‘‘In 1998, Mr. QUINN. Mr. Speaker, I rise today Department of Commerce data. The 1998 im- the U.S. had a steel crisis caused by unprece- as chairman of the Executive Commit- port tonnage was 77 percent higher than the dented levels of unfairly traded and injurious tee of the Congressional Steel Caucus annual average for imports over the previous steel imports. The factors that caused this crisis remain. The December level itself is to ask the House to direct our atten- eight years. Total imports in 1998 accounted for 30 percent of apparent consumption, up too high to avoid sustained injury to U.S. tion at the ongoing steel crisis in the steel companies, employees and commu- United States. Because the U.S. re- from 24 percent in the same period of 1997. Fourth quarter imports in 1998, at 11,002,000 nities. Any December decline can be directly mains the world’s steel dumping net tons, were 55 percent greater than the tied to the pending trade litigation on a sin- ground, we need an effective global so- 7,080,000 net tons imported in the fourth gle product category; hot rolled carbon steel, lution now to address the serious in- quarter of 1997. from three countries—Japan, Russia and jury being done to America’s steel The U.S. imported 2,861,000 net tons in De- Brazil. America’s current steel import prob- companies, our employees, and our cember 1998, up 35.6 percent from the 2,110,000 lem is global. The U.S. steel import crisis continues.’’ communities. net tons imported in December 1997. Decem- Unfortunately, the administration’s ber 1998 imported accounted for 29.0 percent Total 1998 exports of 5,519,000 net tons were of apparent consumption, up from 20.6 per- 9 percent lower than the 6,036,000 net tons ex- recent announcements of tentative cent a year earlier. ported in 1997. The U.S. exported 366,000 net steel agreements with Russia go in ex- With respect to finished steel imports, 1998 tons of steel mill products in December 1998, actly the opposite direction of what is was also a record. The total for the year was down 29 percent from the 512,000 net tons ex- required. These agreements deny the 34,744,000 net tons. Of the total December ported in December 1997. U.S. IMPORTS OF STEEL MILL PRODUCTS—BY COUNTRY OF ORIGIN [Thousands of net tons]

12/98 vs 12/97 % Dec 1998 Nov 1998 Dec 1997 change 12 Mos 1998 12 Mos 1997 Ytd % change

European Union ...... 540 656 481 12 7214 7,482 ¥4 Japan ...... 436 828 199 119 6728 2,554 163 Canada ...... 341 381 380 ¥10 4914 4,775 3 Brazil ...... 252 297 185 36 2729 2,851 ¥4 Mexico ...... 250 207 133 88 3167 3,312 ¥4 Korea ...... 239 327 136 76 3430 1,638 109 Russia ...... 167 738 133 26 5274 3,319 59 China ...... 66 61 41 61 632 477 32 Australia ...... 54 58 80 ¥33 951 439 117 South Africa ...... 43 54 19 126 649 315 106 Indonesia ...... 42 37 19 121 542 91 496 Turkey ...... 40 53 57 ¥30 527 614 ¥14 India ...... 31 2 3 933 377 194 94 Ukraine ...... 24 68 70 ¥66 882 581 52 Others ...... 336 264 174 93 3504 2515 39 Total ...... 2861 4031 2110 36 41,520 31,157 33

dumping case and to limit other steel ex- 4th Qtr. 4th Qtr. 4Q 1998 vs 4th Qtr. 4th Qtr. 4Q 1998 vs 1998 1997 4Q 1997 % 1998 1997 4Q 1997 % ports to the U.S. change change Suspension agreement Japan ...... 2146 890 141 Total ...... 11002 7,080 55 We continue to oppose a suspension agree- European ...... 1883 1,752 7 ment. It is contrary to applicable laws and is Union ...... RUSSIAN AGREEMENTS ON STEEL EXPORTS TO inconsistent with the Administration’s own Russia ...... 1508 576 162 U.S. Canada ...... 1132 1,156 ¥2 recent critical circumstances finding. Fur- Korea ...... 859 426 102 Washington, D.C., February 22, 1999. Beth- ther, it is contrary to the plan to respond to Brazil ...... 738 447 65 lehem Steel Corporation, U.S. Steel Group, a steel imports which the President submitted Mexico ...... 626 646 ¥3 unit of USX Corporation, LTV Steel Com- to the Congress in January. Australia ...... 247 179 38 pany, Ispat/Inland Inc., National Steel Corp., While we welcome the extremely high pre- China ...... 210 91 131 Indonesia ...... 196 30 553 Weirton Steel, Gulf States Steel, Inc., Ipsco liminary margins ranging from 71 to 218% South ...... 157 91 73 Steel Inc., Gallatin Steel, Steel Dynamics, found by the Department in its investiga- Africa ...... and the Independent Steel Workers Union tion, we deeply regret that the Department Ukraine ...... 155 164 ¥5 made the following statement in response to does not want to allow this prescribed rem- Turkey ...... 110 178 ¥38 the announcement that the Administration India ...... 79 17 365 edy to go into effect. Others ...... 956 437 119 has reached agreements with the Russian Imports of Russian hot-rolled have in- government to settle the hot-rolled steel creased 700% from 508,000 metric tons in 1995 H988 CONGRESSIONAL RECORD — HOUSE March 4, 1999 to 3,468,000 metric tons in 1998, and they have woman from the District of Columbia new spending. Instead, I am advocating been sold at dumped prices substantially (Ms. NORTON) is recognized for 5 min- that we adopt a commonsense proposal below the cost to produce them. This has utes. that will level the playing field for our caused serious injury to the American steel (Ms. NORTON addressed the House. rural communities by offering a basic industry and the loss of thousands of steel- worker jobs. Her remarks will appear hereafter in tax credit for a new or existing rural The suspension agreement will authorize the Extensions of Remarks.) business when it creates a job for rural Russia to continue to dump steel in America, f workers. which will continue to cause serious injury It is that simple. No mountains of pa- INTRODUCTION OF THE RURAL to our industry. The tons of unfairly traded perwork to fill out, no layer upon layer ECONOMIC DEVELOPMENT AND steel that the Administration is going to of government bureaucracy to work OPPORTUNITIES ACT OF 1999 allow Russia, at 750,000 metric tons per year, through. Local governments and devel- will still allow Russia to be the largest sin- The SPEAKER pro tempore. Under a opment authorities will have all the gle supplier to the U.S. market. The pricing previous order of the House, the gen- level given to the Russians of $255 per metric flexibility they need to develop a local ton will both allow continued dumping and tleman from North Carolina (Mr. or regional strategy. In fact, this is not allow inefficient Russian producers to under- HAYES) is recognized for 5 minutes. a giveaway program that will allow cut and damage efficient U.S. producers. Mr. HAYES. Mr. Speaker, I rise rural communities to relax. That is a We have consistently requested the Admin- today to announce that I will introduce basic tax credit that gives our rural istration to permit our laws to be enforced legislation to address a problem that is communities a better opportunity to as Congress intended, but by entering this hurting much of rural America, a stag- increase local economic development Agreement our rights have been taken away nant economy and the declining num- from us. and job opportunities. We regret this development and will work ber of job opportunities. When we measure our nation’s eco- to convince the Administration that the pro- Mr. Speaker, if we read the news- nomic health, we have to look just as posed agreement is not in the best interest of papers inside the Beltway, we will closely at Main Street as we do at Wall the nation or our industry. We are also re- think that all Americans are experi- Street. Mr. Speaker, I am proud to questing Congress to have a prompt hearing encing the best economic times of their offer the Rural Economic Development about this matter. If the Administration pro- lives. While our economy is indeed and Opportunities Act of 1999. I hope ceeds with this agreement, we will take ap- strong, we have to realize that there is that my colleagues on both sides of the propriate legal action. a significant number of Americans, Comprehensive steel agreement with Russia aisle will join me in supporting this rural Americans, who are struggling bill. We also oppose the comprehensive steel economically because the job base in f agreement negotiated with the Russians. We their hometown is drying up. would support such an agreement only if it is According to a study by the Aspen The SPEAKER pro tempore. Under a a part of a global solution to the serious in- previous order of the House, the gentle- jury being caused by unfairly traded steel. Institute, many of our rural economies are suffering because of declining sales woman from Texas (Ms. JACKSON-LEE) Any agreement with Russia must be a part of is recognized for 5 minutes. an Administration initiated and supported in their natural resources market and § 201 action on all steel products which will intense international competition in (Ms. JACKSON-LEE of Texas ad- result in global quantitative restrictions, the manufacturing sector. dressed the House. Her remarks will minimum prices, an adequate enforcement Just like many industries across the appear hereafter in the Extensions of mechanism, and a moratorium on further Nation, businesses in our small towns Remarks.) shipments until the inventory of dumped are being forced to downsize operations f steel has been cleared. While all the details of the Russian agree- while demanding more from fewer em- The SPEAKER pro tempore. Under a ment are not available, we are disappointed ployees. The growth in metropolitan previous order of the House, the gen- that they will be permitted to ship at a rate areas is quickly absorbing displaced tleman from Virginia (Mr. WOLF) is well above the 1996 precrisis level. workers there, but workers in smaller, recognized for 5 minutes. We do have concern over the serious eco- remote communities are at a great dis- (Mr. WOLF addressed the House. His nomic problems facing Russia, but to the ex- advantage because economic develop- remarks will appear hereafter in the tent the United States provides financial and ment is virtually stagnant. In fact, a Extensions of Remarks.) other aid, surely we should do this in behalf of the United States from the Federal Treas- growing number of rural workers are f ury and not by sacrificing the jobs and prop- forced to commute long distances or actually relocate their families in INCREASED FUNDS FOR PELL erty of a specific private industry sector GRANTS IN THE NATIONAL IN- such as our modern and world class Amer- order to find work in these metropoli- ican steel industry. tan areas. TEREST We will continue to work closely with the In the region around my home dis- The SPEAKER pro tempore. Under a Administration and the Congress to stop the trict, the Eighth District of North previous order of the House, the gen- serious injury being caused to our industry Carolina, the Charlotte area has more tleman from Massachusetts (Mr. and to restore fair trade in steel. For Media Contact: Bethlehem Steel Cor- jobs than workers. Each day more than MCGOVERN) is recognized for 5 minutes. poration, Bette Kovach (610) 694–6308; U.S. 100,000 commuters, 25 percent of the Mr. MCGOVERN. Mr. Speaker, I rise Steel Group, USX Corporation, Tom Ferrall area’s work force, leave their local today to speak about a critical na- (412) 433–6899; Ispat/Inland Inc., John Nielsen economy to go to work in Charlotte. tional issue, one that affects our na- (219) 399–6631; LTV Steel Company, Mark Obviously, this trend hurts our rural tional security, our future economic Tomasch (216) 622–4635; National Steel Cor- communities, and it adds to the many prosperity, and the position of the poration, Clarence Ehlers (219) 273–7327; Inde- problems our metropolitan areas suffer United States as a world leader. I pendent Steel Workers Union, Mark Glyptis speak, of course, about the education (304) 748–8080; Weirton Steel, Greg Warren with traffic congestion and excessive (304) 797–2828; Gulf States Steel, Inc., John growth. of our children and their ability to af- Duncan (256) 543–6100; Ipsco Steel, Inc., Anne In the Charlotte area, the unemploy- ford a college education. Parker (306) 924–7390; and Gallatin Steel, Ed ment rate is a meager 2.3 percent. Just Since the late 1970s, Federal grant as- Puisis (606) 567–3103. two counties to the east, however, sistance to students pursuing their f Anson County has an unemployment education after high school has de- rate of 8 percent, Scotland County 8 clined dramatically. One of the most SPECIAL ORDERS percent, and Richmond County over 8 significant measures of this decline is The SPEAKER pro tempore. Under percent. We can either address this what has happened to the value of the the Speaker’s announced policy of Jan- problem, or we can sit idly by while it Federal Pell Grant. uary 6, 1999, and under a previous order gets worse. The Pell Grant program is the larg- of the House, the following Members That is why, Mr. Speaker, I am intro- est need-related Federal grant program will be recognized for 5 minutes each. ducing the Rural Economic Develop- for students pursuing a higher edu- f ment and Opportunities Act of 1999. cation. It is considered the foundation The SPEAKER pro tempore. Under a What I am proposing is not a complex program for Federal student aid. It previous order of the House, the gentle- package of government programs and helps students from families of modest March 4, 1999 CONGRESSIONAL RECORD — HOUSE H989 income who would not otherwise be fi- I know many of my colleagues will no matter how poor, how hopeless, or nancially able to handle the costs of a say that we are asking for too much, how downtrodden. college education or special career or that this is too expensive a propo- For nearly 30 years Pell Grants have technical training program. sition. Indeed, it will require about $11 been the key that have unlocked the Created in 1972, the Pell Grant origi- billion more than what is currently in American dream. For millions of nally provided significant financial the President’s budget for Pell Grants. American students who had the talent, support to students. In the 1976–1977 But I would say to my colleagues had the desire, but lacked the funds, school year, the maximum Pell Grant that education must be the Nation’s the Pell Grant made the difference be- award covered 35 percent of the average number one priority. The future of our tween college and a dead end job. annual cost of attending a 4-year pri- economy rests on the higher education In the last decade, the cost for col- vate institution, and 72 percent of the of our children, the future of our na- lege has increased at rates of 5 to 8 per- average cost of a 4-year public institu- tional security rests on the higher edu- cent, outpacing inflation and putting a tion. cation of our children, and the future college education further out of reach Today, Mr. Speaker, in spite of Presi- of our communities rests on the higher for those who can least afford it. Until dent Clinton’s efforts over the past 3 education of our children, all of our recently, the size of the maximum Pell years to boost the purchasing power of children. Grant stayed the same. the Pell Grant, and the President de- If we can find money in the budget to Two years ago, many of my col- serves much credit for these efforts, build Star Wars, then we can find the leagues and I, along with the Presi- but in spite of all of this, the maximum money to make stars out of our chil- dent, fought for and won the largest in- Pell Grant now pays for only one-third dren, and to make sure that everyone crease in the Pell Grant in 20 years. of the average cost of a public 4-year with the ability to go to college can af- That brought the maximum Pell Grant college, and barely one-seventh of the ford to go to college. If we can give bil- up from $2,700 to $3,000. cost of a private college. lion dollar corporations special tax Mr. Speaker, we can even do better. This sad state of affairs came about breaks, then we can certainly make Today’s Pell Grant provides only 35 from cutbacks in Federal funding dur- sure that every student who has the percent of the average cost of a 4-year ing a period of escalating college costs ability to go to college gets a financial State college. Too few families today and tuition increases among most of break to pay for college. If we can can afford to write a check for $10,000 the Nation’s public and private col- spend billions of dollars each year to to cover tuition for State schools, and leges. I firmly believe that higher edu- for so many families, private education cation institutions must rein in the design new nuclear weapons and new ways to make nuclear war, then we can is out of the question. cost of college tuition, but I am equal- Mr. Speaker, I remember growing up find the money we need to increase the ly as firm in my belief that the Federal in rural Alabama in the forties and fif- funding for Pell Grants. Government must and has to restore ties. My family could never have af- I say to my colleagues, this is an the value of the Federal Pell grant. forded the college tuition at Harvard, issue of national priorities and of na- That is why I am proud to join with Yale, or even the University of Geor- tional interest. I urge my colleagues to my colleagues, the gentleman from gia. For so many of us, college was a join the gentleman from Vermont (Mr. Vermont (Mr. SANDERS) and the gen- distant dream, a pipe dream. Without SANDERS) and the gentleman from tleman from Georgia (Mr. LEWIS) to in- the help of financial aid or work study, Georgia (Mr. LEWIS) and I and cospon- troduce H.R. 959, the Affordable Edu- we could never have afforded to go to sor H.R. 959, and restore the power of cation through Pell Grants Act of 1999. college. the Pell Grant program. This bill does one thing and one We have come a long way in opening thing only: It raises the maximum Pell f the doors of college for all Americans, Grant award level to $6,500 for the aca- The SPEAKER pro tempore. Under a but we can do better. We can do more. demic year 2000 to 2001. This simple ac- previous order of the House, the gen- For this reason, I am joining my col- tion would restore the value of the Pell tleman from Illinois (Mr. SHIMKUS) is league, the gentleman from Massachu- Grant as originally conceived. It is recognized for 5 minutes. setts (Mr. MCGOVERN) and the gen- twice the amount of the maximum Pell (Mr. SHIMKUS addressed the House. tleman from Vermont (Mr. SANDERS) in Grant award proposed by President His remarks will appear hereafter in sponsoring legislation that will raise Clinton, and it is the level of funding the Extensions of Remarks.) the maximum authorized Pell Grant to where the Pell Grant is meant to be. a level that reflects the rising cost of By raising the maximum award level f college. to $6,500, we restore the purchasing IN SUPPORT OF AN INCREASE IN I ask all of my colleagues to join me power of every Pell Grant awarded to THE FEDERAL PELL GRANT and my colleagues, the gentleman from financially needy students, and we in- PROGRAM Massachusetts (Mr. MCGOVERN) and the crease the eligibility pool for Pell gentleman from Vermont (Mr. SAND- Grants. This has an important impact The SPEAKER pro tempore. Under a ERS), in making education a priority, on middle-income families who face the previous order of the House, the gen- and to ensure that in the days of eco- financial burden of having more than tleman from Georgia (Mr. LEWIS) is nomic prosperity, no one but no one is one child in college at the same time. recognized for 5 minutes. Over the past 2 years, I have met Mr. LEWIS of Georgia. Mr. Speaker, left out or left behind. many students from the Third Congres- we are a rich and powerful Nation in f sional District of Massachusetts who the midst of strong economic growth. The SPEAKER pro tempore. Under a would not have gone to college, who As we approach the 21st century, we previous order of the House, the gen- would not have gone to the college of must ask ourselves, what is our next tleman from Minnesota (Mr. GUT- their choice, without the Federal Pell greatest challenge? How will we target KNECHT) is recognized for 5 minutes. Grant program. our investments to become stronger as (Mr. GUTKNECHT addressed the Bethany English, who has now grad- a Nation and as a people? House. His remarks will appear here- uated from Assumption College in I have always said, and I will con- after in the Extensions of Remarks.) Worcester, Massachusetts, has stood tinue to say, Mr. Speaker, that there is f alongside me on presentations on the no greater challenge and nothing that b 1345 importance of Pell Grants. Jamie is more important than the education Hoag, from a working class family in of our next generation. We do not have CONGRESS MUST DOUBLE PELL Fall River, Massachusetts, was able to a person to waste. Every student in GRANT FUNDING graduate from Holy Cross College in this Nation who wants to go to college, The SPEAKER pro tempore. Under a Worcester because he received a Pell no matter how rich or poor, should previous order of the House, the gen- Grant. It is for these young people, and have the opportunity to go. Education tleman from Vermont (Mr. SANDERS) is all the students like them, that I urge is a great equalizer. A good education recognized for 5 minutes. my colleagues to restore the value of can shine the light of hope and oppor- Mr. SANDERS. Mr. Speaker, I am the Pell Grant. tunity in every corner of our Nation, very happy to join with the gentleman H990 CONGRESSIONAL RECORD — HOUSE March 4, 1999 from Massachusetts (Mr. MCGOVERN) LEWIS) and I would like to do is to dou- called, but increasingly frequent de- and the gentleman from Georgia (Mr. ble the amount of money we are spend- ployments have placed a new strain on LEWIS) on this extremely important ing on Pell Grants. reserve-employer relations. Most busi- piece of legislation. Some people may say doubling that nesses are fully supportive of the mili- In my State of Vermont, and I be- is a lot of money, $7.5 billion a year tary obligations of their employees, lieve all over this country, one of the more. That is three B–2 bombers. There but even the most enthusiastic civilian great concerns that the middle class are people in both the Democratic and employers are hard hit when their staff has is the high cost of college edu- Republican parties who want to in- is sent overseas for months at a time, cation. Everybody knows that in order crease military spending by well over only to have the person return home for our young people to earn a decent $100 billion in the next 6 years. We and be called up again. living, it is increasingly imperative give, as a Nation, $125 billion a year in Evidence from the National Commit- that they have a college degree. And, corporate welfare to large corporations tee for Employer Support of the Guard at the same time, everybody also who do not need that money. There are and Reserve suggests that the strain is knows that the cost of a college edu- people on the floor of this House now increasing, resulting in a greater num- cation is soaring. It is soaring in the who are saying Bill Gates needs a tax ber of inquiries on the rights and re- State of Vermont. It is soaring all over break. Billionaires need a tax break. sponsibilities of employers. the United States of America. Mr. Speaker, if we can spend billions Research by the Air Force Reserve So we have folks in the middle class on corporate welfare, billions on waste- has also demonstrated that the prob- who are working longer and longer ful military spending, billions on tax lem is growing. While only 3.5 percent hours to keep their heads above water, breaks for those who do not need it, we of Air Force reservists indicated ‘‘seri- and then they look at what the local can certainly afford $7.5 billion a year ous’’ employer support problems, an- college or the good colleges in this more for the working families of this other 31 percent reported some degree country are asking and they say, ‘‘How country so that we can move toward of problems with employers. Of these reservists, 10 percent are considering am I, who makes $20,000 to $25,000, or that day when every person in this leaving because of employer support $30,000 a year, or $40,000 a year, going country, young, middle-aged, old, will problems. But the true magnitude of to be able to afford to send my kid to be able to get the higher education the problem is likely greatly under- college, when the best schools in this they need. stated as there is no comprehensive country now cost over $30,000 a year This is a smart investment for Amer- survey that is used to consistently and many cost $15,000, $20,000 or ica. I congratulate the gentleman from evaluate reserve-employer relation- $25,000?’’ Massachusetts and the gentleman from And what happens if they have two ships. Georgia for their work on this, and I Now, the expense to small businesses kids or three kids? How can they afford will do my best to see that it passes. of doing without a valued employee, or to send their kids to college? f The answer is, it is increasingly dif- hiring and training a temporary re- ficult for those families. So we have The SPEAKER pro tempore. Under a placement, is significant and the loss the outrage that all over this country previous order of the House, the gen- of productivity is equally difficult. Mr. Speaker, this legislation, H.R. millions of young people are unable to tleman from Pennsylvania (Mr. 803, would provide employers with a go to college, or are unable to go to the ENGLISH) is recognized for 5 minutes. tax credit to compensate for employee college of their choice, because they (Mr. ENGLISH addressed the House. His remarks will appear hereafter in participation in the individual ready cannot afford it. reserves. Specifically, the legislation Mr. Speaker, this is absurd. It is not the Extensions of Remarks.) provides a credit equal to 50 percent of only unfair to the young person. It is f the amount of compensation that unfair to the family. It is unfair to this SUPPORT THE READY CREDIT would have been paid to an employee Nation. during the time that that employee What an absurd policy it is that we The SPEAKER pro tempore. Under a participates in contingency operations waste the human intellectual potential previous order of the House, the gen- tleman from Washington (Mr. supporting missions in Bosnia and of millions and millions of people who Southwest Asia. NETHERCUTT) is recognized for 5 min- want a higher education. How absurd it The total allowable credit for each utes. is that in the global economy we throw individual employee may not exceed Mr. NETHERCUTT. Mr. Speaker, I in the towel to competitive nations and $2,000, or a maximum of $7,500 for all rise today to address the needs of small say we are not going to have the most employees. The legislation also extends competitive, best-educated workforce businesses who employ America’s dedi- the credit for self-employed individ- in the world. cated Air and Army National Guard uals. The credit would offset at least What kind of stupidity is that? What Reservists. Mounting numbers of con- some of the expense that reserve em- kind of an absurd sense of national pri- tingency operations have pulled ever ployers face and reduce tensions with orities is it that says that we can af- greater numbers of reservists out of employees. ford to spend huge sums of money on the private sector and into full-time Now, this legislation is only one step B–2 bombers, that we can give tax military service. I have introduced leg- towards resolving a complex problem. breaks to billionaires, but we are not islation, which is numbered H.R. 803, to It does not address the serious needs of going to help the working families and cushion the blow of these reserve call- public sector employees who can be im- the middle class of this country be able ups on small businesses. pacted by contingencies as much as to afford to send their kids to college? The end strength of our Armed businesses. More important, it does not Now, I know that many of the people Forces has fallen by more than 1 mil- address the high operations tempo that in the Congress understand that in lion personnel since 1988, even as mili- is exacerbating reserve-employer rela- countries throughout the world, in tary contingency operations have in- tions and driving personnel out of the Great Britain, in Scandinavia, in Ger- creased to historically high levels. We reserves. But I do think this bill is many, in France, the cost of a college have only been able to sustain this op- timely for it addresses two of the most education is not $30,000 a year, it is not erations tempo because of an increas- pressing issues of the 106th Congress: $20,000 a year, it is not $10,000 a year. In ingly heavy reliance on reservists. taxes and military readiness. many cases, it is zero, because those Total so-called ‘‘man days’’ contrib- Mr. Speaker, as Congress discusses countries understand that it is a very uted by reservists have nearly tripled proposals to reduce the tax burden on wise investment to make sure that as since 1992, to over 13 million days. Americans, we must give serious many of their young people as possible Without the services of these citizen thought to small businesses who have can get a college education. We should soldiers, we would need an additional lost valued employees to overseas mili- learn something from that. force of nearly 50,000 soldiers to main- tary operations. As we discuss pay and Mr. Speaker, what the gentleman tain overseas commitments. benefit packages for the active duty from Massachusetts (Mr. MCGOVERN) Mr. Speaker, reservists are willing to military, we must not forget the citi- and the gentleman from Georgia (Mr. do their duty and serve when they are zen soldiers who are the backbone of March 4, 1999 CONGRESSIONAL RECORD — HOUSE H991 our Armed Forces and whose service is the politicians to have so little respect like to encourage him to continue on increasingly putting pressure on their for the working man’s labor that Wash- this path, especially if he accepts the full-time civilian employer. ington takes between one-fourth and view that Washington can still afford Mr. Speaker, I encourage my col- one-third out of the middle-class fami- to cut spending, cut taxes, and make leagues to join me in making the ly’s paycheck just to pay Uncle Sam. good on his promise that the ‘‘end of Ready Credit, which is the name on So, Mr. Speaker, that still leaves us Big Government is over.’’ this bill, a reality by cosponsoring H.R. with the question, how did we go from f 803. $200 billion deficits as far as the eye b 1400 f can see 21⁄2 years ago to the budget sur- plus that we now enjoy? RULES OF THE COMMITTEE ON WHO GETS THE CREDIT FOR THE It is true that there have been some INTERNATIONAL RELATIONS FOR BUDGET SURPLUS? reductions in spending, but almost all THE 106TH CONGRESS The SPEAKER pro tempore. Under a of them have come out of the one place The SPEAKER pro tempore. Under a previous order of the House, the gen- it should not have come: from the Pen- previous order of the House, the gen- tleman from Colorado (Mr. SCHAFFER) tagon. Defense spending is dangerously tleman from New York (Mr. GILMAN) is is recognized for 5 minutes. low, and our military forces are not recognized for 5 minutes. Mr. SCHAFFER. Mr. Speaker, last what they should be. But liberals, in Mr. GILMAN. Mr. Speaker, in accordance year, the Treasury Department an- their boundless faith in human nature, with clause 2(a) of Rule XI of the Rules of the nounced that the Federal budget was in ignore history and simply do not be- House of Representatives, I submit for printing surplus for the first time since 1969. lieve in the fundamental precept of in the CONGRESSIONAL RECORD the Rules of Only 3 short years ago, the President ‘‘peace through strength.’’ the Committee on International Relations for had submitted a budget with $200 bil- As for other spending, Republicans the 106th Congress. lion deficits as far as the eye could see, did manage to limit the number of new RULES OF THE COMMITTEE ON INTERNATIONAL as many will recall. spending initiatives of President Clin- RELATIONS, 106TH CONGRESS What happened? ton and the Democrats over the past (Adopted January 19, 1999) There are a lot of Americans who do few years. But the primary reason that RULE 1. GENERAL PROVISIONS not care much who gets the credit for the budget is in surplus today is that The Rules of the House of Representatives, the current fine state of our economy revenues are way, way up. and in particular, the committee rules enu- and then tend to take the President at Liberals will point to the President’s merated in clause 2 of Rule XI, are the rules his word when he takes the credit for 1993 tax increase as to the reason why of the Committee on International Relations (hereafter referred to as the ‘‘Committee’’), the budget surplus we have at last revenues are up, hoping that we will to the extent applicable. A motion to recess achieved. But it is important to under- not examine the budget tables to see if, from day to day, and a motion to dispense stand how we got here so that we may in fact, it is true. Revenues are up pri- with the first reading (in full) of a bill or res- continue to a path of sound economic marily from the number of people who olution, if printed copies are available, is a policy in the future. are taking advantage of low tax rates privileged non-debatable motion in Commit- When the country was faced with on capital gains, the part of the econ- tee. large, chronic deficits in the beginning The Chairman of the Committee on Inter- omy that is the lifeblood of our dy- national Relations (hereinafter referred to as of the 1990s, Congress faced a choice. namic and growing economy. the ‘‘Chairman’’) shall consult the Ranking To cut the deficit, lawmakers essen- President Reagan cut the tax on cap- Minority Member to the extent possible with tially had two choices: cut spending or ital gains, and the Republicans cut it respect to the business of the Committee. raise taxes. President Clinton and his again last year. Savers, investors, en- Each subcommittee of the Committee is a liberal allies in the Congress naturally trepreneurs and other job creators are part of the Committee and is subject to the chose to raise taxes. Congress at the taking advantage of such liberty. The authority and direction of the Committee, and to its rules to the extent applicable. time was still under the control of the economy is benefitting from that, jobs RULE 2. DATE OF MEETING Democrats, and so President Clinton are being created, and revenues have The regular meeting date of the Commit- was able to pass the largest tax in- soared. That is the primary reason the tee shall be the first Tuesday of every month crease in our history. budget is now in surplus, when it was when the House of Representatives is in ses- Republicans, on the other hand, deep in the red just a few years ago. sion pursuant to clause 2(b) of Rule XI of the wanted to reduce the deficit by cutting I would invite any of my Democratic House of Representatives. Additional meet- spending. Republicans believed govern- colleagues who dispute these findings ings may be called by the Chairman as he ment is too big, way too big, and they to come forward and show me other- may deem necessary or at the request of a believe Washington wastes too much of wise. Perhaps the liberals have access majority of the Members of the Committee our money. One would think this is an to another set of government docu- in accordance with clause 2(c) of Rule XI of the House of Representatives. obvious point. After all, even the Presi- ments with different statistics. But if The determination of the business to be dent himself declared in his 1996 State they use the same Treasury figures considered at each meeting shall be made by of the Union address that ‘‘the era of that I do, they will have to admit that the Chairman subject to clause 2(c) of Rule Big Government is over.’’ Oh, if that the Reagan tax cuts and the Repub- XI of the House of Representatives. were only true. lican tax cuts are the most significant A regularly scheduled meeting need not be Mr. Speaker, we can see now that held if, in the judgment of the Chairman, reason behind our current economic there is no business to be considered. this declaration was nothing more than boom. RULE 3. QUORUM hollow words. Big Government is alive With all due credit to Alan For purposes of taking testimony and re- and well and bigger than ever. In fact, Greenspan, chairman of the Federal ceiving evidence, two Members shall con- the Democrats have come back with Reserve, for his outstanding steward- stitute a quorum. still more ways to increase the size and ship of monetary policy, we should One-third of the Members of the Commit- power of government every year since, mostly thank President Reagan for tee shall constitute a quorum for taking any including this year. turning around an economy that was in action, except: (1) reporting a measure or And while we can say that govern- the ditch. We are still benefitting from recommendation, (2) closing Committee ment is slightly smaller now than it his decision to make the United States meetings and hearings to the public, (3) au- thorizing the issuance of subpoenas, and (4) would be had Republicans not taken a low-tax, low-regulation economy and any other action for which an actual major- control of the Congress in 1995, the thus able to compete in the world bet- ity quorum is required by any rule of the truth is that government continues to ter than any other. House of Representatives or by law. grow. Any attempts to cut govern- The Republicans forced President No measure or recommendation shall be ment, no matter how wasteful or coun- Clinton to renounce his own budget reported to the House of Representatives un- terproductive the program, the liberals with $200 billion deficits as far as the less a majority of the Committee is actually present. immediately attack them as extreme eye can see. We are grateful that he A record vote may be demanded by one- and ‘‘mean-spirited.’’ has at last accepted the need for gov- fifth of the Members present or, in the appar- It has never occurred to them that it ernment to balance the budget and put ent absence of a quorum, by any one Mem- is perhaps mean-spirited on the part of its financial house in order. We would ber. H992 CONGRESSIONAL RECORD — HOUSE March 4, 1999

RULE 4. MEETINGS AND HEARINGS OPEN TO THE (4) The Committee or a subcommittee may Committee staff may be permitted to ques- PUBLIC be the procedure designated in this sub- tion a witness for equal specified periods ei- (a) Meetings section vote to close 1 subsequent day of ther with the concurrence of the Chairman Each meeting for the transaction of busi- hearing. and Ranking Minority Member or by motion. ness, including the markup of legislation, of (5) No congressional staff shall be present However, in no case may questioning by the Committee or a subcommittee shall be at any meeting or hearing of the Committee Committee staff proceed before each Member open to the public except when the Commit- or a subcommittee that has been closed to of the Committee who wishes to speak under tee or subcommittee, in open session and the public, and at which classified informa- the 5-minute rule has had one opportunity to with a majority present, determines by tion will be involved, unless such person is do so. record vote that all or part of the remainder authorized access to such classified informa- (b) Statements of witnesses tion in accordance with Rule 20. of the meeting on that day shall be closed to Each witness who is to appear before the the public, because disclosure of matters to RULE 5. ANNOUNCEMENT OF HEARINGS AND Committee or a subcommittee is required to be considered would endanger national secu- MARKUPS file with the clerk of the Committee, at least rity, would compromise sensitive law en- Public announcement shall be made of the two working days in advance of his or her forcement information, or would tend to de- date, place, and subject matter of any hear- appearance, sufficient copies, as determined fame, degrade or incriminate any person or ing or markup to be conducted by the Com- by the Chairman of the Committee or sub- otherwise violate any law or rule of the mittee or a subcommittee at the earliest committee, of his or her proposed testimony House of Representatives. No person other possible date, and in any event at least 1 to provide to Members and staff of the Com- than Members of the Committee and such week before the commencement of that hear- mittee or subcommittee, the news media, congressional staff and departmental rep- ing or markup unless the Committee or sub- and the general public. The witness shall resentatives as they may authorize shall be committee determines that there is good limit his or her oral presentation to a brief present at any business or markup session cause to begin that meeting at an earlier summary of his or her testimony. In the case which has been closed to the public. This date. Such determination may be made with of a witness appearing in a nongovernmental subsection does not apply to open Committee respect to any markup by the Chairman or capacity, a written statement of proposed hearings which are provided for by sub- subcommittee chairman, as appropriate. testimony shall, to the extend practicable, section (b) of this rule. Such determination may be made with re- include a curriculum vitae and a disclosure (b) Hearings spect to any hearing of the Committee or of of the amount and source (by agency and (1) Each hearing conducted by the Commit- a subcommittee by its Chairman, with the program) of any Federal grant (or subgrant tee or a subcommittee shall be open to the concurrence of its Ranking Minority Mem- thereof) or contract (or subcontract thereof) public except when the Committee or sub- ber, or by the Committee or subcommittee received during the current fiscal year or ei- committee, in open session and with a ma- by majority vote, a quorum being present for ther of the two previous fiscal years by the jority present, determines by record vote the transaction of business. witness or by an entity represented by the that all or part of the remainder of that Public announcement of all hearings and witness, to the extent that such information hearing on that day should be closed to the markups shall be published in the Daily Di- is relevant to the subject matter of, and the public because disclosure of testimony, evi- gest portion of the Congressional Record, witness’ representational capacity at, the dence or other matters to be considered and promptly entered into the committee hearing. would endanger the national security, would scheduling service of House Information Re- To the extent practicable, each witness compromise sensitive law enforcement infor- sources. Members shall be notified by the should provide the text of his or her proposed mation, or otherwise would violate any law Chief of Staff of all meeting (including testimony in machine-readable form. or rule of the House of Representatives. Not- markups and hearings) and briefings of sub- The Committee or subcommittee shall no- withstanding the preceding sentence, a ma- committees and of the full Committee. tify Members at least two working days in jority of those present, there being in at- The agenda for each Committee and sub- advance of a hearing of the availability of tendance the requisite number required committee meeting, setting out all items of testimony submitted by witnesses. under the rules of the Committee to be business to be considered, including a copy of The requirements of this subsection or any present for the purpose of taking any bill or other document scheduled for part thereof may be waived by the Chairman testimony— markup, shall be furnished to each Commit- or Ranking Minority Member of the Com- (A) may vote to close the hearing for the tee or subcommittee Member by delivery to mittee or subcommittee, or the presiding sole purpose of discussing whether testimony the Member’s office at least 2 full calendar Member, provided that the witness or the or evidence to be received would endanger days (excluding Saturdays, Sundays, and Chairman or Ranking Minority member has the national security, would compromise legal holidays) before the meeting, whenever submitted, prior to the witness’s appearance, sensitive law enforcement information, or possible. a written explanation as to the reasons testi- mony has not been made available to the violate paragraph (2) of this subsection; or RULE 6. WITNESSES (B) may vote to close the hearing, as pro- Committee or subcommittee. In the event a (a) Interrogation of witnesses vided in paragraph (2) of this subsection. witness submits neither his or her testimony (2) Whenever it is asserted that the evi- (1) Insofar as practicable, witnesses shall at least two working days in advance of his dence or testimony at an investigatory hear- be permitted to present their oral state- or her appearance nor has a written expla- ing may tend to defame, degrade, or incrimi- ments without interruption subject to rea- nation been submitted as to prior availabil- nate any person sonable time constraints imposed by the ity, the witness shall be released from testi- (A) such testimony or evidence shall be Chairman, with questioning by the Commit- fying unless a majority of the committee or presented in executive session, notwith- tee Members taking place afterward. Mem- subcommittee votes to accept his or her tes- standing the provisions of paragraph (1) of bers should refrain from questions until such timony. this subsection, if by a majority of those statements are completed. (c) Oaths present, there being in attendance the req- (2) In recognizing Members, the Chairman shall, to the extent practicable, give pref- The Chairman, or any Member of the Com- uisite number required under the rules of the mittee designated by the Chairman, may ad- Committee to be present for the purpose of erence to the Members on the basis of their arrival at the hearing, taking into consider- minister oaths to witnesses before the Com- taking testimony, the Committee or sub- mittee. committee determines that such evidence or ation the majority and minority ratio of the testimony may tend to defame, degrade, or Members actually present. A Member desir- RULE 7. PREPARATION AND MAINTENANCE OF incriminate any person; and ing to speak or ask a question shall address COMMITTEE RECORDS (B) the Committee or subcommittee shall the Chairman and not the witness. An accurate stenographic record shall be proceed to receive such testimony in open (3) Subject to paragraph (4), each Member made of all hearings and markup sessions. session only if the Committee, a majority may interrogate the witness for 5 minutes, Members of the Committee and any witness being present, determines that such evidence the reply of the witness being included in the may examine the transcript of his or her own or testimony will not tend to defame, de- 5-minute period. After all Members have had remarks and may make any grammatical or grade, or incriminate any person. an opportunity to ask questions, the round technical changes that do not substantively (3) No Member of the House of Representa- shall begin again under the 5-minute rule. alter the record. Any such Member or wit- tives may be excluded from nonparticipatory (4) Notwithstanding paragraph (3), the ness shall return the transcript to the Com- attendance at any hearing of the Committee Chairman, with the concurrence of the mittee offices within 5 calendar days (not in- or a subcommittee unless the House of Rep- Ranking Minority Member, may permit one cluding Saturdays, Sundays, and legal holi- resentatives has by majority vote authorized or more majority members of the Committee days) after receipt of the transcript, or as the Committee or subcommittee, for pur- designated by the Chairman to question a soon thereafter as it practicable. poses of a particular series of hearings, on a witness for a specified period of not longer Any information supplied for the record at particular article of legislation or on a par- than 30 minutes. On such occasions, an equal the request of a Member of the Committee ticular subject of investigation, to close its number of minority Members of the Commit- shall be provided to the Member when re- hearings to Members by the Same procedures tee designated by the Ranking Minority ceived by the Committee. designated in this subsection for closing Member shall be permitted to question the Transcripts for hearings and markup ses- hearings to the public. same witness for the same period of time. sions (except for the record of a meeting or March 4, 1999 CONGRESSIONAL RECORD — HOUSE H993 hearing which is closed to the public) shall mittee or a subcommittee may be released to (d) The Chairman shall ensure that suffi- be printed as soon as is practicable after re- the public or filed with the Clerk of the cient staff is made available to each sub- ceipt of the corrected versions, except that House unless approved by a majority of the committee to carry out its responsibilities the Chairman may order the transcript of a Members of the Committee or subcommittee, under the rules of the Committee. The Chair- hearing to be printed without the correc- as appropriate. A proposed investigative or man shall ensure that the minority party is tions of a Member or witness if the Chairman oversight report shall be considered as read fairly treated in the appointment of such determines that such Member or witness has if it has been available to members of the staff. been afforded a reasonable time to correct Committee for at least 24 hours (excluding RULE 14. NUMBER AND JURISDICTION OF such transcript and such transcript has not Saturdays, Sundays, or legal holidays except SUBCOMMITTEES been returned within such time. when the House is in session on such a day). (a) Full committee In any case in which clause 2(l) of Rule XI The records of the Committee at the Na- The full committee will be responsible for tional Archives and Records Administration and clause 3(a)(1) of Rule XIII of the House of oversight and legislation relating to foreign shall be made available for public use in ac- Representatives does not apply, each Mem- assistance (including development assist- cordance with Rule VII of the House of Rep- ber of the Committee or subcommittee shall ance, security assistance, and Public Law 480 resentatives. The Chairman shall notify the be given an opportunity to have views or a programs abroad) or relating to the Peace Ranking Minority Member of any decision, disclaimer included as part of the material Corps; national security developments af- pursuant to clause 3(b)(3) or clause 4(b) of filed or released, as the case may be. fecting foreign policy; strategic planning and the rule, to withhold a record otherwise (c) Foreign travel reports agreements; war powers, executive agree- available, and the matter shall be presented At the same time that the report required ments, and the deployment and use of United to the Committee for a determination on the by clause 8(b)(5) of Rule X of the House of States Armed Forces; peacekeeping, peace written request of any member of the Com- Representatives, regarding foreign travel re- enforcement, and enforcement of United Na- mittee. ports, is submitted to the Chairman, Mem- tions or other international sanctions; arms The Committee shall, to the maximum ex- bers and employees of the committee shall control, disarmament and other proliferation tent feasible, make its publications available provide a report to the Chairman listing all issues; the Agency for International Develop- in electronic form. official meetings, interviews, inspection ment; oversight of State and Defense Depart- RULE 8. EXTRANEOUS MATERIAL IN COMMITTEE tours and other official functions in which ment activities involving arms transfers and HEARINGS the individual participated, by country and sales, and arms export licenses; inter- No extraneous material shall be printed in date. Under extraordinary circumstances, national law; promotion of democracy; inter- either the body or appendixes of any Com- the Chairman may waive the listing in such national law enforcement issues, including mittee or subcommittee hearing, except report of an official meeting, interview, in- terrorism and narcotics control programs matter which has been accepted for inclusion spection tour, or other official function. The and activities; and all other matters not spe- in the record during the hearing. Copies of report shall be maintained in the full com- cifically assigned to a subcommittee. The bills and other legislation under consider- mittee offices and shall be available for pub- full Committee may conduct oversight with ation and responses to written questions sub- lic inspection during normal business hours. respect to any matter within the jurisdiction mitted by Members shall not be considered RULE 12. REPORTING BILLS AND RESOLUTIONS of the Committee as defined in the Rules of extraneous material. Except in unusual circumstances, bills and the House of Representatives. Extraneous material in either the body or resolutions will not be considered by the (b) Subcommittees appendixes of any hearing to be printed Committee unless and until the appropriate There shall be five standing subcommit- which would be in excess of eight printed subcommittee has recommended the bill or tees. The names and jurisdiction of those pages (for any one submission) shall be ac- resolution for Committee action, and will subcommittees shall be as follows: companied by a written request to the Chair- not be taken to the House of Representatives 1. Functional subcommittees for action unless and until the Committee man, such written request to contain an esti- There shall be two subcommittees with has ordered reported such bill or resolution, mate in writing from the Public Printer of functional jurisdiction: the probable cost of publishing such mate- a quorum being present. Unusual cir- Subcommittee on International Economic rial. cumstances will be determined by the Chair- Policy and Trade—To deal with measures re- RULE 9. PUBLIC AVAILABILITY OF COMMITTEE man, after consultation with the Ranking lating to international economic and trade VOTES Minority Member and such other Members of policy; measures to foster commercial inter- the Committee as the Chairman deems ap- The result of each record vote in any meet- course with foreign countries; export admin- propriate. ing of the Committee shall be made available istration, international investment policy; for inspection by the public at reasonable RULE 13. STAFF SERVICES trade and economic aspects of nuclear tech- times at the Committee offices. Such result (a) The Committee staff shall be selected nology and materials, of nonproliferation shall include a description of the amend- and organized so that it can provide a com- policy, and of international communication ment, motion, order, or other proposition, prehensive range of professional services in and information policy; licenses and licens- the name of each Member voting for and the field of foreign affairs to the Committee, ing policy for the export of dual use equip- against, and the Members present but not the subcommittees, and all its Members. The ment and technology; legislation pertaining voting. staff shall include persons with training and to and oversight of the Overseas Private In- experience in international relations, mak- vestment Corporation and the Trade and De- RULE 10. PROXIES ing available to the Committee individuals velopment Agency; scientific developments Proxy voting is not permitted in the Com- with knowledge of major countries, areas, affecting foreign policy; commodity agree- mittee or in subcommittees. and U.S. overseas programs and operations. ments; international environmental policy RULE 11. REPORTS (b) Subject to clause 9 of Rule X of the and oversight of international fishing agree- (a) Reports on bills and resolutions House of Representatives, the staff of the ments; and special oversight of international Committee, except as provided in paragraph To the extent practicable, not later than 24 financial and monetary institutions, the Ex- (c), shall be appointed, and may be removed, port-Import Bank, and customs. hours before a report is to be filed with the by the Chairman with the approval of the Subcommittee on International Operations Clerk of the House on a measure that has majority of the majority Members of the and Human Rights—To deal with Depart- been ordered reported by the Committee, the Committee. Their remuneration shall be ment of State, United States Information Chairman shall make available for inspec- fixed by the Chairman and they shall work Agency, and related agency operations and tion by all Members of the Committee a copy under the general supervision and direction legislation; the diplomatic service; inter- of the draft committee report in order to af- of the Chairman. Staff assignments are to be national education and cultural affairs; for- ford Members adequate information and the authorized by the Chairman or by the Chief eign buildings; programs, activities and the opportunity to draft and file any supple- of Staff under the direction of the Chairman. operating budget of the Arms Control and mental, minority or additional views which (c) Subject to clause 9 of Rule X of the Disarmament Agency; oversight of, and leg- they may deem appropriate. House of Representatives, the staff of the islation pertaining to, the United Nations, With respect to each record vote on a mo- Committee assigned to the minority shall be its affiliated agencies, and other inter- tion to report any measure or matter of pub- appointed, their remuneration determined, national organizations, including assessed lic charter, and on any amendment offered to and may be removed, by the Ranking Minor- and voluntary contributions to such agencies the measure or matter, the total number of ity Member with the approval of the major- and organizations; parliamentary con- votes cast for and against, and the names of ity of the minority party Members of the ferences and exchanges; protection of Amer- those members voting for and against, shall Committee. No minority staff person shall be ican citizens abroad; international broad- be included in any Committee report on the compensated at a rate which exceeds that casting; international communication and measure or matter. paid his or her majority staff counterpart. information policy; the American Red Cross; (b) Prior approval of certain reports Such staff shall work under the general su- implementation of the Universal Declaration No Committee, subcommittee, or staff re- pervision and direction of the Ranking Mi- of Human Rights and other matters relating port, study, or the document which purports nority Member with the approval or con- to internationally recognized human rights; to express publicly the views, findings, con- sultation of the minority Members of the and oversight of international population clusions, or recommendations of the Com- committee. planning and child survival activities. H994 CONGRESSIONAL RECORD — HOUSE March 4, 1999 2. Regional subcommittees tees for consideration in sequence. Unless know. The decision on whether a given staff There shall be three subcommittees with otherwise directed by the Chairman, such member has a need to know will be made on regional jurisdiction: the Subcommittee on subcommittees shall act on or be discharged the following basis: the Western Hemisphere; the Subcommittee from consideration of legislation that has (a) In the case of the full Committee ma- on Africa; and the Subcommittee on Asia been approved by the subcommittee of pri- jority staff, by the Chairman, acting through and the Pacific; with responsibility for Eu- mary jurisdiction within 2 weeks of such ac- the Chief of Staff; rope and the Middle East reserved to the full tion. In referring any legislation to a sub- (b) In the case of the full Committee mi- Committee. committee, the Chairman may specify a date nority staff, by the Ranking Minority Mem- The regional subcommittees shall have ju- by which the subcommittee shall report ber of the committee, acting through the Mi- risdiction over the following within their re- thereon to the full Committee. nority Chief of Staff; spective regions: Subcommittees with regional jurisdiction (c) In the case of subcommittee majority (1) Matters affecting the political relations shall have primary jurisdiction over legisla- staff, by the Chairman of the subcommittee; (d) In the case of the subcommittee minor- between the United States and other coun- tion regarding human rights practices in ity staff, by the Ranking Minority Member tries and regions, including resolutions or particular countries. The Subcommittees on of the subcommittee. other legislative measures directed so such International Operations and Human Rights No other individuals shall be considered relations. shall have sequential jurisdiction over such authorized persons, unless so designated by (2) Legislation with respect to disaster as- legislation. The Chairman may designate a sub- the Chairman. sistance outside the Foreign Assistance Act, Designated persons.—Each Committee boundary issues, and international claims. committee chairman or other Member to take responsibility as manager of a bill or Member is permitted to designate one mem- (3) Legislation with respect to region- or ber of his or her staff as having the right of country-specific loans or other financial re- resolution during its consideration in the House of Representatives. access to information classified confidential. lations outside the Foreign Assistance Act. Such designated persons must have the prop- RULE 17. PARTY RATIOS ON SUBCOMMITTEES AND (4) Resolutions of disapproval under sec- er security clearance, have executed the oath CONFERENCE COMMITTEES tion 36(b) of the Arms Export Control Act, required by clause 13 of Rule XLIII of the with respect to foreign military sales. The majority party caucus of the Commit- House of Representatives, and have a need to (5) Legislation and oversight regarding tee shall determine an appropriate ratio of know as determined by his or her principal. human rights practices in particular coun- majority party Members for each sub- Upon request of a Committee Member in spe- tries. committee. Party representation on each cific instances, a designated person also (6) Oversight of regional lending institu- subcommittee or conference committee shall shall be permitted access to information tions. be no less favorable to the majority party classified secret which has been furnished to (7) Oversight of matters related to the re- than the ratio for the full Committee. The the Committee pursuant to section 36 of the gional activities of the United Nations, of its Chairman and the Ranking Minority Member Arms Export Control Act, as amended. Des- affiliated agencies, and of other multilateral are authorized to negotiate matters affecting ignation of a staff person shall be by letter institutions. such ratios including the size of subcommit- from the Committee Member to the Chair- (8) Identification and development of op- tees and conference committees. man. tions for meeting future problems and issues RULE 18. SUBCOMMITTEE FUNDING AND RECORDS Location.—Classified information will be relating to U.S. interests in the region. (a) Each subcommittee shall have adequate stored in secure files in the Committee (9) Base rights and other facilities access funds to discharge its responsibility for leg- rooms. All materials classified top secret agreements and regional security pacts. islation and oversight. must be stored in a Secure Compartmen- (10) Oversight of matters relating to par- (b) In order to facilitate Committee com- talized Information Facility (SCIF). liamentary conferences and exchanges in- pliance with clause 2(e)(1) of Rule XI of the Handling.—Materials classified confiden- volving the region. House of Representatives, each subcommit- tial or secret may be taken from Committee (11) Concurrent oversight jurisdiction with tee shall keep a complete record of all sub- offices to other Committee offices and hear- respect to matters assigned to the functional committee actions which shall include a ing rooms by Members of the Committee and subcommittees insofar as they may affect record of the votes on any question on which authorized Committee staff in connection the region. a record vote is demanded. The result of each with hearings and briefings of the Commit- (12) Oversight of all foreign assistance ac- record vote shall be promptly made available tee or its Subcommittees for which such in- tivities affecting the region. to the full Committee for inspection by the formation is deemed to be essential. Re- (13) Such other matters as the Chairman of public in accordance with Rule 9 of the Com- moval of such information from the Commit- the full Committee may determine. mittee. tee offices shall be only with the permission RULE 15. POWERS AND DUTIES OF (c) All subcommittee hearings, records, of the Chairman under procedures designed SUBCOMMITTEES data, charts, and files shall be kept distinct to ensure the safe handling and storage of Each subcommittee is authorized to meet, from the congressional office records of the such information at all times. Except as pro- hold hearings, receive evidence, and report Member serving as chairman of the sub- vided in this paragraph, top secret materials to the full Committee on all matters referred committee. Subcommittee records shall be may not be taken from the SCIF for any pur- to it. Subcommittee chairman shall set coordinated with the records of the full Com- pose, except that such materials may be meeting dates after consultation with the mittee, shall be the property of the House, taken to hearings and other meetings that Chairman, other subcommittee chairmen, and all Members of the House shall have ac- are being conducted at the top secret level and other appropriate Members, with a view cess thereto. when necessary. Top secret materials may towards minimizing scheduling conflicts. It RULE 19. MEETINGS OF SUBCOMMITTEE otherwise be used under conditions approved shall be the practice of the Committee of the CHAIRMEN by the Chairman. Notice.—Appropriate notice of the receipt full Committee. The Chairman shall call a meeting of the of classified documents received by the Com- In order to ensure orderly administration subcommittee chairmen on a regular basis mittee from the executive branch will be and fair assignment of hearing and meeting not less frequently than once a month. Such sent promptly to Committee Members rooms, the subject, time, and location of a meeting need not be held if there is no through the Survey of Activities or by other hearings and meetings shall be arranged in business to conduct. It shall be the practice means. advance with the Chairman through the at such meetings to review the current agen- Access.—Except as provided for above, ac- Chief of Staff of the Committee. da and activities of each of the subcommit- cess to materials classified top secret or oth- The Chairman of the full Committee shall tees. erwise restricted held by the Committee will designate a Member of the majority party on RULE 20. ACCESS TO CLASSIFIED INFORMATION each subcommittee as its vice chairman. be in the SCIF. The following procedures will Authorized persons.—In accordance with The Chairman and the Ranking Minority be observed: the stipulations of the Rules of the House of Member may attend the meetings and par- (a) Authorized or designated persons will Representatives, all Members of the House ticipate in the activities of all subcommit- be admitted to the SCIF after inquiring of who have executed the oath required by tees of which they are not members, except the Chief of Staff or an assigned staff mem- clause 13 of Rule XXIV of the House of Rep- that they may not vote or be counted for a ber. The SCIF will be open during regular resentatives shall be authorized to have ac- quorum in such subcommittees. Committee hours. cess to classified information within the pos- (b) Authorized or designated persons will RULE 16. REFERRAL OF BILLS BY CHAIRMAN session of the Committee. be required to identify themselves, to iden- In accordance with Rule 14 of the Commit- Members of the Committee staff shall be tify the documents or information they wish tee and to the extent practicable, all legisla- considered authorized to have access to clas- to view, and to sign the Classified Materials tion and other matters referred to the Com- sified information within the possession of Log, which is kept with the classified infor- mittee shall be referred by the Chairman to the Committee when they have the proper mation. a subcommittee of primary jurisdiction security clearances, when they have exe- (c) The assigned staff member will be re- within 2 weeks. In accordance with Rule 14 of cuted the oath required by clause 13 of Rule sponsible for maintaining a log which identi- the Committee, legislation may also be con- XXIV of the House of Representatives, and fies (1) authorized and designated persons currently referred to additional subcommit- when they have a demonstrable need to seeking access, (2) the classified information March 4, 1999 CONGRESSIONAL RECORD — HOUSE H995 requested, and (3) the time of arrival and de- committees or the visibility of that witness principal proponents of the major provisions parture of such persons. The assigned staff and that Member to each other. of the bill as it passed the House), who have member will also assure that the classified (e) Television cameras shall operate from actively participated in the Committee or materials are returned to the proper loca- fixed positions but shall not be placed in po- subcommittee consideration of the legisla- tion. sitions which obstruct unnecessarily the cov- tion, and who agree to attend the meetings (d) The Classified Materials log will con- erage of the hearing by the other media. of the conference. With regard to the ap- tain a statement acknowledged by the signa- (f) Equipment necessary for coverage by pointment of minority Members, the Chair- ture of the authorized or designated person the television and radio media shall not be man shall consult with the Ranking Minor- that he or she has read the Committee rules installed in, or removed from, the hearing or ity Member. and will abide by them. meeting room while the Committee or sub- RULE 24. GENERAL OVERSIGHT Divulgence.—Classified information pro- committee is in session. Not later than February 15 of the first ses- vided to the Committee by the executive (g) Floodlights, spotlights, strobe lights, sion of a Congress, the Committee shall meet branch shall be handled in accordance with and flashgun shall not be used in providing in open session, with a quorum present, to the procedures that apply within the execu- any method of coverage of the hearing or adopt its oversight plans for that Congress tive branch for the protection of such infor- meeting, except that the television media for submission to the Committee on House mation. Any classified information to which may install additional lighting in the hear- Oversight and the Committee on Govern- access has been gained through the Commit- ing room, without cost to the Government, ment Reform and Oversight, in accordance tee may not be divulged to any unauthorized in order to raise the ambient lighting level with the provisions of clause 2(d) of Rule X person. Classified material shall not be in the hearing room to the lowest level nec- of the House of Representatives. photocopied or otherwise reproduced without essary to provide adequate television cov- RULE 25. OTHER PROCEDURES AND REGULATIONS the authorization of the Chief of Staff. In no erage of the hearing or meeting at the cur- The Chairman may establish such other event shall classified information be dis- rent state of the art of television coverage. procedures and take such actions as may be cussed over a non-secure telephone. Appar- (h) In the allocation of the number of still necessary to carry out the foregoing rules or ent violations of this rule should be reported photographers permitted by the Chairman or to facilitate the effective operation of the as promptly as possible to the Chairman for subcommittee chairman in a hearing or Committee. Any additional procedures or appropriate action. meeting room, preference shall be given to regulations may be modified or rescinded in Other regulations.—The Chairman may es- photographers from Associated Press Photos, any or all particulars by a majority vote of tablish such additional regulations and pro- United Press International News pictures, the full Committee. cedures as in his judgment may be necessary and Reuters. If requests are made by more of to safeguard classified information under the the media than will be permitted by the f control of the Committee. Members of the Chairman or subcommittee chairman for 2000 CENSUS Committee will be given notice of any such coverage of the hearing or meeting by still regulations and procedures promptly. They photography, that coverage shall be made on The SPEAKER pro tempore. Under may be modified or waived in any or all par- the basis of a fair and equitable pool ar- the Speaker’s announced policy of Jan- ticulars by a majority vote of the full Com- rangement devised by the Standing Commit- uary 6, 1999, the gentleman from Texas mittee. tee of Press Photographers. (Mr. RODRIGUEZ) is recognized for 60 (i) Photographers shall not position them- RULE 21. BROADCASTING OF COMMITTEE minutes as the designee of the minor- selves, at any time during the course of the HEARINGS AND MEETINGS hearing or meeting, between the witness ity leader. All Committee and subcommittee meet- table and the Members of the Committee or Mr. RODRIGUEZ. Mr. Speaker, every ings or hearings which are open to the public its subcommittees. 10 years, we take a national census to may be covered, in whole or in part, by tele- (j) Photographers shall not place them- count the number of people in this vision broadcast, radio broadcast, and still selves in positions which obstruct unneces- country. The 1990 census was the most photography, or by any such methods of cov- sarily the coverage of the hearing by the expensive in the history of the United erage in accordance with the provisions of other media. clause 3 of House rule XI. States. It was also the worst. The 1990 (k) Personnel providing coverage by the census missed an estimated 4.7 million The Chairman or subcommittee chairman television and radio media shall be then cur- shall determine, in his or her discretion, the rently accredited to the Radio and Tele- people, 1.58 percent of the total popu- number of television and still cameras per- vision Correspondents’ Galleries. lation. mitted in a hearing or meeting room, but (l) Personnel providing coverage by still Some undercount is expected. What shall not limit the number of television or photography shall be then currently accred- makes it wrong is the undercount of still cameras to fewer than two representa- ited to the Press Photographers’ Gallery minorities and the inner city popu- tives from each medium. Committee of press Photographers. lation is way out of proportion to the Such coverage shall be in accordance with (m) Personnel providing coverage by the national average. the following requirements contained in Sec- television and radio media and by still pho- tion 116(b) of the Legislative Reorganization For minorities, the undercount was tography shall conduct themselves and their nearly tripled. The census missed 4.4 Act of 1970, and clause 4 of Rule XI of the coverage activities in an orderly and unob- Rules of the House of Representatives: trusive manner. percent of the African-American popu- (a) If the television or radio coverage of lation and 4.9 percent of the Hispanic RULE 22. SUBPOENA POWERS the hearing or meeting is to be presented to population. Those individuals that A subpoena may be authorized and issued the public as live coverage, that coverage were missed were also poor. We need to shall be conducted and presented without by the Chairman, in accordance with clause 2(m) of Rule XI of the House of Representa- have a more accurate census, one that commercial sponsorship. does not leave minorities and poor and (b) No witness served with a subpoena by tives, in the conduct of any investigation or the Committee shall be required against his activity or series of investigations or activi- inner city populations behind. will to be photographed at any hearing or to ties within the jurisdiction of the Commit- The census data is used to draw, not give evidence or testimony while the broad- tee, following consultation with the Ranking only electoral districts, but also to de- casting of that hearing, by radio or tele- Minority Member. termine distribution of local and Fed- vision is being conducted. At the request of In addition, a subpoena may be authorized eral program dollars and to plan public and issued by the Committee or its sub- any such witness who does not wish to be works projects. Without accurate cen- subjected to radio, television, or still photog- committees in accordance with clause 2(m) of Rule XI of the House of the Representa- sus information, minorities and the raphy coverage, all lenses shall be covered poor do not receive equal political rep- and all microphones used for coverage turned tives, in the conduct of any investigation or off. This subparagraph is supplementary to activity or series of investigations or activi- resentation or distribution of govern- clause 2(k)(5) of Rule XI of the Rules of the ties, when authorized by a majority of the ment resources. State and local gov- House of Representatives relating to the pro- Members voting, a majority of the commit- ernments with missed populations lose tection of the rights of witnesses. tee or subcommittee being present. millions of dollars in Federal aid. (c) The allocation among cameras per- Authorized subpoenas shall be signed by The Supreme Court has allowed for mitted by the Chairman or subcommittee the Chairman or by any Member designated the Census Bureau to use sampling by the Committee. chairman in a hearing room shall be in ac- data for redistricting and Federal funds RULE 23. RECOMMENDATION FOR APPOINTMENT cordance with fair and equitable procedures distribution. The Census Bureau has OF CONFEREES devised by the Executive Committee of the found such a solution to be appro- Radio and Television Correspondents’ Gal- Whenever the Speaker is to appoint a con- leries. ference committee, the Chairman shall rec- priate. Yet, we find that, on the other (d) Television cameras shall be placed so as ommend to the Speaker as conferees those side, the Republicans in Congress are not to obstruct in any way the space between Members of the Committee who are pri- trying to block this process. any witness giving evidence or testimony marily responsible for the legislation (in- Sampling is a simple way of being and Member of the Committee or its sub- cluding to the full extent practicable the able to get a more accurate census H996 CONGRESSIONAL RECORD — HOUSE March 4, 1999 from available information that exists. tation including also the representa- unemployment statistics in the Gross Everyone says that they want a more tion that we here enjoy in Congress. Domestic Product, we need to find and accurate count. But as we can see, So the facts are undisputable. It is use the most modern scientific meth- what we really need to look at is to very clear, I think, to say that, if one ods available. make sure that everyone gets counted is not counted in the census accu- We are on the eve of the 21st Cen- but, at the same time, look at the dis- rately, one does not count. One does tury, and, yet, the majority here in parities that exist within that and go not count when it comes to Federal Congress wants us to count people in with it, with the scientific rec- dollars for public schools. One does not the next census in the same way that ommendations, and that is to provide count when it comes to Federal dollars we counted them back in 1790. The re- some degree of sampling. for fighting juvenile crime. One does alty is obvious, we do not count the We must let the Census Bureau do its not count when it comes to Federal same way in 1990 as we did in 1790. job and use the method that is most ac- dollars for road repair and mass tran- The National Academy of Sciences, curate and that avoids unfair sit. the American Statistical Association, undercount in this country. If one is not counted, one does not and the National Association of Busi- I want to take this opportunity to count when it comes to getting Federal ness Economists have all endorsed the just mention to you some specific sta- funding for things like Meals on Wheels use of modern scientific methodology tistics on the study that was done in for senior citizens and Head Start for as a way of counting. Texas. Texas lost almost $1 billion in our children. Our crime statistics, our economic Federal aid because of the 1990 census. According to the Census Bureau, de- statistics, our labor statistics, all of I will continue to mention some addi- spite its $2.6 billion price tag, the 1990 these figures are determined using modern scientific methodology. Incor- tional data for my colleagues as I go census, the last census that was con- porating these statistical methods into on, but I want to take this opportunity ducted was the first United States cen- the 2000 census will help us avoid the to yield to the gentleman from Illinois sus to be less accurate than the one be- kind of census undercount we had in (Mr. BLAGOJEVICH). fore it. 1990. Mr. BLAGOJEVICH. Mr. Speaker, I In 1990, one in 10 African-American So in closing, let me say that, let us, thank the gentleman from Texas (Mr. males were not counted. In 1990, one in all of us, let Republicans and Demo- RODRIGUEZ) for yielding to me. (The 10 Asian males were not counted. In crats alike, join together and put poli- gentleman from Illinois spoke in Span- 1990, one in 15 Latino men were also tics aside, and let the professionals at ish). not counted. Overall, 10 million Ameri- the Census Bureau do their job. What I said there, Mr. Speaker, is my cans were not counted in the 1990 cen- April 1, 2000, just about a year from name is hard to pronounce, but I hope sus. now, is census day for the 2000 census. it is easy to remember. Am I right? For many of us, it hits close to home. Let us take politics out of the census Mr. RODRIGUEZ. Mr. Speaker, the That undercount included more than and ensure that every American is gentleman is right. 110,000 people in my home State of Illi- counted. Mr. BLAGOJEVICH. Mr. Speaker, nois and 68,000 people in my hometown, Mr. RODRIGUEZ. Mr. Speaker, I first of all, let me thank my colleague, the city of Chicago. yield to the gentlewoman from the Dis- the gentlewoman from New York (Mrs. Let me put that in perspective. trict of Columbia (Ms. NORTON). MALONEY) for coordinating this very Sixty-eight thousand people is the Ms. NORTON. Mr. Speaker, I thank important discussion on the 2000 cen- equivalent of a standing-room-only the gentleman for yielding to me. I es- sus. crowd at a Bears game in Chicago’s pecially appreciate the leadership of I think we can all admit that the Soldier Field. the gentleman in bringing this matter census issue is not one of the most ex- Officials in my city, the city of Chi- forward at this time. citing issues that is out there. Most cago, estimate further that the census The census controversy continues Americans are unaware of it. It is very undercount was even higher than the unabated. We are about to precipitate a technical. To the extent that people 68,000 that the Federal Census Bureau constitutional crisis because we have even think about it, they do not think declared as undercounted. The city of got to have an accurate count. The rea- that the census has any real impact on Chicago’s figures have it as much as a son we do not have one is because we their lives. quarter of a million people were not are so late in getting our act together Yet, the reality is that that is not at counted in the last census of Chicago, and we are keeping Census from doing all the case. How the census is con- which means four Soldier Fields would what it is supposed to be doing because ducted is in a very real sense, some- be filled with undercounted people. we cannot agree among ourselves on thing that has a real impact on ordi- Let me illustrate my point. This what that should be. One of the reasons nary Americans. undercount meant that, between 1990 we cannot agree is we do not know In a larger sense, this issue is really and 1996, the city of Chicago lost ap- what that should be as a technical about basic fairness. It is about the proximately $200 million in Federal matter. fundamental concepts that we here in aid. Just to give my colleagues a cou- We asked the court to decide the ap- portionment issue. It decided the ap- America take for granted, one person, ple of examples, that means that, in portionment issue. Census has said we one vote, as well as the issue of how we 1997, Chicago should have received $3.9 abide by the apportionment issue when equitably distribute Federal resources. million more in Federal Community it comes to apportionment for this Both of these concepts are predicated Development Block Grants than it re- House. Census continues to have the upon a fair and accurate census. ceived. same interest that every Member of Each year, more than $100 billion in Chicago should have received $1.7 this body, I would hope, has in an accu- Federal money is allocated to States million that year for the Head Start rate census. and localities. That money is distrib- education program. The city should If the way to get the most accurate uted based upon census data. Census have received $300,000 more for pro- census for the distribution of Federal data determines how much funding grams under the Older Americans Act funds and for offering the States data States and municipalities receive for to ensure that senior citizens in Chi- is to use sampling, then it seems to me schools and for roads and for health cago have nutritious meals. that there is no further question about care and for a host of other important The problem is not just limited to what should be done. programs that we here at the Federal Chicago. States and municipalities With the apportionment issue set- level fund. across the country have suffered the tled, we are now at a point where, be- Census data is also used by private same consequences because of the 1990 cause sampling cannot be used, there industry in determining where to lo- undercount. will be the need for thousands and cate factories and stores. Even McDon- We can avoid a repeat of this thousands more census takers than ald restaurant franchises are based undercount, and we can ensure a fair would otherwise have been the case. upon the use of census data. We also distribution of Federal resources if we So we are deeply into having to spend use census data to determine political find other methodology to count peo- money, which, according to all the ex- representation, in fact, that represen- ple. Just as we do when we determine perts, one might have spent if this were March 4, 1999 CONGRESSIONAL RECORD — HOUSE H997 the turn of the last century, but not statistical methodology is the most ac- Mr. RODRIGUEZ. Mr. Speaker, I the turn of this century given what we curate of ensuring that all individuals thank the gentlewoman from Texas know about sampling. are counted. (Ms. SHEILA JACKSON-LEE), and I now This is a stalemate that must be bro- I am fearful that we will see an im- want to yield to the gentlewoman from ken. Offering an adjusted census after pact in Social Security, an impact in New York (Mrs. MALONEY). the traditional census has been taken, the AFDC payments needed for our Mrs. MALONEY of New York. Mr. offering the States census figures ad- children to survive, that we will find Speaker, I thank the gentleman for his justed by sampling is consistent with an impact on educational dollars. And yielding to me and for his leadership. the Supreme Court decision. It is up to whenever I go home, there is not one Mr. Speaker, it was not long after the States to decide how they do their single citizen that would concede the the Republicans took over Congress own redistricting. point that they are gleefully looking that they reached the conclusion that The court has spoken as to our appor- forward to not being counted. they did not like the use of modern sci- tionment. The vested interest of us all Now, I will say to my colleagues, Mr. entific methods in the counting on the in sampling techniques, to make sure Speaker, that our citizens are looking census. I am not sure how they reached that the maximum in Federal dollars not to be intruded upon. They are also that decision, having abolished the becomes available, should need no elu- looking to make sure that we do not committee and subcommittee with ju- cidation. There is not a Member who have a set of circumstances in which risdiction over the census. I am fairly has minorities or pockets of poor in his their privacy is invaded. And I clearly certain that that conclusion did not or her State or city which will not would like to say that we need to look come through oversight. In fact, they want the maximum feasible count. If at those issues. We need to refine those gave jurisdiction over the census to the that is by sampling, we would find it census forms. But I want to argue for Subcommittee on National Security, acceptable. The court has settled the toughest the enumeration, the counting, rather, International Affairs, and Criminal issue. Let us come together to make of every single one that can be done Justice of the Committee on Govern- sure that we do not have another ex- best by statistical methods. ment Reform, where it languished. tended fight on how we are to count I want to applaud the work of the The full committee did hold a couple ourselves. gentlewoman from New York (Mrs. of hearings on the census, but they Mr. RODRIGUEZ. Mr. Speaker, I MALONEY), both in her ranking member were halfhearted events. There cer- yield to the gentlewoman from Texas position but as well as the head of the tainly is no record to support their (Ms. JACKSON-LEE). Census Task Force that must be ongo- conclusions. In fact, the only report Ms. JACKSON-LEE of Texas. Mr. ing. And I want to commit all of us to issued by the Committee on Govern- Speaker, I thank the gentleman from reckoning that if there are those in the ment Reform stated that sampling and Texas for bringing this special order, House that would distract away from the use of scientific counting methods along with the gentlewoman from New the full counting, then we must address was unscientific, a conclusion they York (Mrs. MALONEY). their concerns, but we will not give up were later forced to repudiate. Mr. Speaker, we have worked long the fight for empowering all people Given the lack of evidence to support and hard to define accurately the ques- within these boundaries to be acknowl- their position, one might question tion regarding the census. I am cer- edged. their motives. However, there is no tainly disappointed that it is now bro- I want to add an additional point, need to do that. We only have to look ken down along the lines, seemingly, of Mr. Speaker. We must have diverse at their tactics to understand where Democrats and Republicans. members of this process. All of those they are coming from. At every turn I serve on the Census Task Force. I census-takers, whether used in the sta- they have come and tried to use some did so in the 105th Congress. Likewise, tistical methodology or otherwise, back-room maneuver to push their I was a plaintiff or a part of the litiga- must come from all backgrounds. It is agenda. tion that argued for articulating how imperative. They must be bilingual. Two years ago, House Republicans we could interpret fairly the census They must reach out. added language to the Flood Relief Bill statute and how we could avoid the Most of all, we cannot be intimi- to make the census less accurate. They undercount that we saw in 1990. dated. I am ranking member on the thought the President would not dare In my community alone, there were Subcommittee on Immigration and veto the Flood Relief Bill. But, to their 67,000 undercounted in the city of Hous- Claims of the Committee on the Judici- surprise, not only did he veto it, but he ton, some 400,000, almost a Congres- ary, and for too long we have not rec- won overwhelming editorial support sional District, in the State of Texas. ognized the value of ensuring that we clear across this country. Faced with It is imperative on the census that have the right information, that we do this opposition, they backed down. we come together in a manner that not characterize by a negative some- The next effort to force a less accu- this Congress stands up for, not deny- thing that is positive. rate census on the American public ing any single person the right to be I will not characterize immigration came as part of the 1998 appropriations counted. Let me make it as clear as I as a negative, because we are a country bill. Not only did the Republicans add can. We count every one. of immigrants, but we are a country of language to the Commerce, Justice, This is not a question of citizenship laws. I will not characterize census State appropriations bill that would as much as it is a question of determin- taking as a negative because it may in- have prohibited the use of statistical ing how many people are within our trude upon someone’s privacy, but I methods in the census, but they also boundaries. I think that should be will balance the privacy with the need rejected a genuine compromise offered made very clear. There is no doubt to count people, the need to be accu- by the gentleman from West Virginia that, despite the Supreme Court ruling, rate, the need to use statistical meth- (Mr. MOLLOHAN). They even added lan- I believe the Supreme Court has given odology, the need to be diverse, and to us some latitude of which we will con- guage requiring a two-number census. ensure that I do not unempower those And I would like to add to the record tinue to discuss, debate, and argue in the State of Texas and in this Na- the language from the 1998 appropria- about. I hope the administration makes it tion. tions bill which the Republicans put in With that, Mr. Speaker, let me thank very clear on their position that some the budget requiring the two-number statistical methods can be used. But I the gentleman from Texas (Mr. census. think the point that should be made is RODRIGUEZ) for his kindness and for his To hear them talk today, one would none of us should stand up on the floor leadership and the gentlewoman from think a two-number census was on the of the House and deny that anyone New York (Mrs. MALONEY), as well I see same order as high crimes and mis- within the boundaries of this country my good colleague, the gentleman from demeanors. But I learned long ago not be left out and not counted. Texas (Mr. GONZALEZ), who is here. And to expect the opponents of a fair and it seems Texas is on the rise. We know accurate census to be consistent. b 1415 we need to be counted, and I know we Last September, the chairman of the And it is well documented by the Na- are going to work together in Texas Subcommittee on Census of the Com- tional Science Foundation that that and get every single person counted. mittee on Government Reform called H998 CONGRESSIONAL RECORD — HOUSE March 4, 1999 the Census Bureau’s plan for a one- warned that procedures created by Grand Old Party want to make sure number census irresponsible. This Congress that require reworking and that these errors are not corrected? Is week, in a hearing, he called a two- an operational change would result in it because they believe that modern number census irresponsible. Perhaps major disruption. scientific methods are not scientific? I the chairman believes that all numbers The time for legislation has passed. do not think so. Is it because they be- are irresponsible. The opponents of a fair and accurate lieve that the professionals in the Cen- It was not until February of 1998, a census spent their time trying to bully sus Bureau will manipulate the num- little more than 2 years before the 2000 the Census Bureau with threats and bers? I do not think so. Is it because census, that the majority created the busy work instead of helping them they believe that the director of the Subcommittee on Census of the Com- with a comprehensive plan. Census Bureau is a statistical shill? I mittee on Government Reform and 2 The opponents of a fair and accurate do not think so. I do not believe they years after the plan for the 2000 census census seem to be getting desperate; believe their own rhetoric. But I do was announced. For 3 years they ig- and the more desperate they get, the know that they can count, and they nored their oversight responsibility louder they yell. But all of the yelling like the odds of suburbanites being and tried to bludgeon the Census Bu- in the world will not change the facts. counted and minorities being missed. reau through the appropriations proc- They provided taxpayer dollars to fi- The fight over a fair and accurate ess. Having repeatedly failed at those nance a partisan Republican suit census is the civil rights fight of the attempts, they decided to harass the against the Census Bureau. The Su- 1990s, and it is a fight that we must Census Bureau into submission. preme Court ruled that the use of sta- win. With a staff of 12 and a million dollar tistical methods was prohibited for ap- b 1430 budget, the majority was able to field portionment but required, I repeat, re- six hearings over the first 11 months of quired for all other purposes, if fea- Mr. RODRIGUEZ. Mr. Speaker, we the subcommittee’s existence, but they sible. all know that Texas lost an estimated peppered the Census Bureau with re- Democrats accept the court’s judg- $934 million since 1990, or about $1,922 quests for meetings, documents and ment. But the opponents of a fair and in federal aid for each of the persons data. One day recently, the Census Bu- accurate census continue to yell, and who was not counted. In my particular reau director got eight, and I repeat, each yell is more desperate than the district, the 28th Congressional Dis- eight separate letters requesting docu- last. Why? Because they believe that a trict, we lost approximately $40 million ments. fair and accurate census is a threat to from an estimated 20,714 people that Despite receiving boxes and boxes of their majority. were not counted. documents, the subcommittee com- I would remind my colleagues of one I take pleasure now in recognizing plains that the Census Bureau is oper- other fact. The last time the Repub- the gentleman from the city of San An- ating in secret. Despite being briefed licans controlled Congress during a tonio, Texas (Mr. GONZALEZ). and briefed and briefed, they complain census was in 1920. That was the only Mr. GONZALEZ. Mr. Speaker, the that the Census Bureau will not tell time in the history of this country that issue that we address today will affect them what they are doing. Despite the Congress has refused to reapportion the every constituent in every congres- lack of evidence, they continue to seats in Congress. Why? Because they sional district throughout the Nation. claim that the Census Bureau plans to did not like the facts that were re- You will hear us repeat numbers, facts manipulate the census, and they have vealed in the census counts. The popu- and figures but truly what we are try- come forward with many attacks on lation had shifted from the rural south ing to emphasize, that these are just the career professionals at the Census to urban areas, and they simply refused not facts and figures but real people. Bureau. to acknowledge the census numbers. It The 2000 census is just around the cor- There are 394 days until April 1, 2000. was 10 years later that Congress was fi- ner and if we do not stop the partisan Census day. It has been 3 years since nally able to apportion the seats. I rhetoric which has clouded this issue the Census Bureau released its plan for hope we are not on the way to another for far too long, we will once again the 2000 census and over 8 years since failed census, as we were in 1920. keep millions of Americans from hav- the planning for the 2000 census began. The 1990 census missed 8.4 million ing a voice. As Chair of the Census and In fact, the plan for this census was people and counted 4.4 million people Civil Rights Task Force for the His- shaped during the Bush administration twice. Most of those missed were the panic Caucus and Co-Chair of the Cen- under the direction of Dr. Barbara urban and rural poor and minorities. sus Task Force for the Democratic Bryant. With a little more than a year The opponents of a fair and accurate Caucus, I am committed to achieving a to go, the Republicans have just come census want to make sure that those fair and accurate census. The impact of up with a legislative agenda for 8.4 million poor and minorities are left a fair and accurate census will be felt changes they want to make to the cen- out of the census forever. They want to across the Nation in every community sus plan. make sure that those 4.4 million people and in the lives of every American. The We marked up one of these bills who were counted twice, who are most- information gathered in the census is today in the subcommittee. It was a ly suburbanites, are forever left in. In utilized in many ways. It is used by bill that the gentlewoman from Florida fact, now they want to force the Census States and local governments to plan (Mrs. CARRIE MEEK) introduced in 1996, Bureau to do a second mailing, because schools and highways, by the Federal and I am pleased that the subcommit- it has been shown in their dress re- Government to distribute funds for tee chairman is joining her, and I hope hearsals and in their research that it health care and countless other pro- that this bill will pass. will create more duplicates that are grams. It is used by businesses in cre- However, there may be something difficult to remove. ating their own economic plans. very much more sinister afoot. Having Now, I ask my colleagues, who is try- Our last census, in 1990, was the first failed repeatedly to legislate the cen- ing to cook the books? Is it the profes- time in history that the count was less sus plan through the appropriations sionals at the Census Bureau and the accurate than the one before. In 1990, process, they are now trying to pass experts brought together by the Na- more than 8 million Americans were legislation that on the surface looks tional Academy of Sciences, who want not counted and more than 4 million benign, but it is designed to throw a to use modern scientific methods to were counted twice. In Texas, as al- monkey wrench into the census proc- correct the errors in the census; or is it ready indicated, over 500,000 were not ess. those fighting to keep the census full counted. In my own home city of San Earlier this week, the Census Bureau of mistakes? Antonio, as referred to earlier, 40,000 director warned Congress that legislat- The 1990 census missed 1 in 10 adult were not counted. ing major changes in the census at this black males, 1 in 20 Hispanics and 1 in In a report released by the General late date will jeopardize the accuracy 8 American Indians living on reserva- Accounting Office this past week, it is of the census. He offered to work with tions. But the 1990 census only missed reported that 22 of the 25 large formula Congress to achieve its goal within the 1 in over 142 nonHispanic whites. Now, grant programs use census data as part context of the operational plan but I ask my colleagues, why does the of their allocation formula. Those 25 March 4, 1999 CONGRESSIONAL RECORD — HOUSE H999 formula grant programs distribute ap- Now, we know that the Constitution wide, the Commerce Department esti- proximately $166 billion in Federal calls for an enumeration. I agree. We mates that several million people were funds to the States. The 22 formula should try to count as many people as overlooked. While these figures rep- grant programs that utilize census we possibly can. I also realize the ob- resent the disempowerment of a shock- data account for 97 percent of the stacles that face us if we rely on this ing 1.6 percent of the total American total. That is $161 billion. These are head count alone. Today society is population, the figures for minorities Federal tax dollars that citizens across highly mobile. Most households are are significantly worse. A full 5 percent the Nation have paid, Federal dollars two-income families. There are lan- of Hispanic Americans were simply that should come back to the commu- guage barriers. And there are people overlooked, 4.4 percent of African nity in the form of improved infra- who have a distrust of government. Americans were never counted, 4.5 per- structure, better neighborhood schools, These are just some of the obstacles cent of Native Americans were ignored. health care for the poor and the elder- facing us if we choose to continue to These communities of minority Ameri- ly, local economic development and employ a head count system alone. cans have been denied the representa- much more. Proven scientific statistical methods tion that is their birthright. Represen- In my State of Texas, where over can overcome these obstacles and will tation in American government cannot 500,000 were not counted, it is esti- give us the more accurate count. Over be contingent on the affluence of your mated that we lost close to $1 billion in and above the accuracy, we know that neighborhood, nor the color of your Federal funding over the past 10 years. this system is cheaper than the actual skin. This is a sanctioned We were second only to California in head count. disempowerment of American minori- the harm caused by an inaccurate The Supreme Court recently ruled ties and cannot be allowed to continue. count. This astronomical loss of fund- that these scientific methods can only We must have a census 2000 that not ing breaks down to $1,992 per missed be used for redistricting and distribu- only attempts to count all Americans person. It is estimated that if we uti- tion of Federal funds and that a head but one that makes people, all people, lize the same inaccurate enumeration count must be done for the purpose of count. To allow our underserved popu- methods for the 2000 census, Texas will apportionment. If we know we can get lations to become third-class citizens stand to lose $2.18 billion in Federal the most accurate census through without a voice in their own govern- funds. these methods and that they will save ment is to deny the most basic prin- We must realize that this is not a po- us money, we must utilize them. The ciples of democracy. This is the only litical issue. This is an economic issue. gentlewoman from New York (Mrs. way in which they are going to be able It is an education issue. It is an infra- MALONEY) who just preceded me has in- to get the additional Federal funds to structure issue. And most importantly, troduced legislation that will amend improve their schools, to modernize it is about fairness. It is about time the census act so that scientifically their schools, to be able to improve that we stop the partisan rhetoric and proven statistical methods can be used health programs, to be able to improve choose people over party politics. for every purpose of the census, appor- their infrastructure so that they too Every person in this Nation counts and tionment, redistricting and distribu- can have an interstate highway and be every American deserves to be counted. tion of Federal dollars. I believe in this able to be connected to the rest of the It is important to point out exactly bill and urge all of my colleagues to country. This is the only way in which who was missed in the 1990 census. It is support it so that every American will they are going to be able to improve really no surprise, because the very be counted and have a voice. We must the quality of life of their people. This people who were not counted in the stop the partisan bickering over the must change. I stand here today, and I last census are those communities who census. We must put people first. We say, the year 2000 census must be fair. are typically overlooked. Of the 8 mil- must put people over party politics. We To be fair, it must be accurate. lion Americans not counted, minori- must and should be dedicated to ob- Mr. RODRIGUEZ. Mr. Speaker, I ties, children and the poor were dis- taining a fair and accurate census in proportionately represented. Nation- 2000. thank the gentleman from Texas (Mr. ally, 5 percent of Hispanics, 4.4 percent Mr. RODRIGUEZ. Mr. Speaker, I HINOJOSA) for his remarks. I yield to of African Americans, 2.3 percent of thank the gentleman from Texas (Mr. the gentleman from California (Mr. Asian and Pacific Islanders, and over 12 GONZALEZ) for his remarks. I know FARR). percent of Native Americans living on Texas has been hard hit and we all rec- Mr. FARR of California. Mr. Speaker, reservations were undercounted. In ognize the loss in Texas. We have been I rise to discuss this issue because it is Texas, the net undercount from the shortchanged. With the 2000 census indeed an issue that should have a lot 1990 census was 2.8 percent, almost upon us, we recognize the importance more attention in this Nation at the twice as high than the national aver- of assuring that we get a good, accu- local level than it has been getting. age of 1.6 percent. The percentage of rate count. Let me recognize my fellow The battle here in Washington seems Hispanics and children missed in Texas Congressman also from Texas (Mr. to be a partisan battle. The battle of were all greater than the national av- HINOJOSA). getting an accurate census is really a erage. Of the 500,000 Texans missed, Mr. HINOJOSA. I thank the gen- community-based value. Let me tell over half were of Hispanic origin. tleman from Texas (Mr. RODRIGUEZ) for why. If you undercount California Statewide, 3.9 percent of African Amer- yielding. where one out of every 10 people in the icans, 2.6 percent of Asian and Pacific Mr. Speaker, I have an important United States lives, it has been esti- Islanders, and 2.8 percent of Native point I would like to make today. Our mated that just the 1990 census, what Americans were undercounted. Nation must have a fair and accurate While missing or miscounting people census in the year 2000. In my State of we did 10 years ago when there was no is a problem for the census, the fact Texas, the 1990 census resulted in the dispute about how to do it, that that that particular groups, children, the second highest undercount of any undercount will cost California $2 bil- poor, people of color, city dwellers and State. Not only in 1990 but for a full 10 lion. Why? Because the money is renters were missed more often than years after that, almost half a million subvened back to the States based on others produced census data that Texans have been inadequately rep- population. So the census in 1990 underrepresented these particular resented in their government and re- missed 838,000 people living in Califor- groups. Each of us should be outraged ceived only a fraction of the Federal nia. That 838,000 people is larger than by these types of inaccuracies. The funds that they were due. The the individual populations of Alaska, Census Bureau and other experts have undercount meant that the State of Delaware, Montana, North Dakota, told us that the most accurate census Texas alone was deprived of over $1 bil- South Dakota and Vermont. So if you can be obtained by utilizing modern lion in Federal funds. As the gentleman do not think that counting is impor- and proven scientific statistical meth- from Texas (Mr. GONZALEZ) said ear- tant, then let us just eliminate those ods. These are proven methods, proven lier, an equally inaccurate census in States from the count, because that is to be the most accurate system to ob- the year 2000 could result in the loss of the amount of people that we are talk- tain the census. over $2 billion to our State. Nation- ing about. What that means is that in H1000 CONGRESSIONAL RECORD — HOUSE March 4, 1999 a single year California loses $197 mil- ulation figures are used again. It is im- make sure that the 2000 census is an lion in Medicaid funding, that is fund- portant to note that the population fig- accurate count. Scientific methods, ing for people with illnesses; $995,000 in ures are used by 22 of the 25 biggest and we got to remember that since the adoption assistance, $1.8 million in Federal grant programs. 1950s we have recognized that there has child care and development, $3.6 mil- So if people are not counted, such as been a problem in terms of how people lion in prevention and treatment of Medicaid, then they will not be able to are counted, and since then and up to substance abuse, $9.4 million in foster receive those resources. If people are the present, even in the 1980 census, care, $4.7 million for rehabilitation not counted such, we will not be able and 1990, there were attempts and there services, the list goes on and on. What to use the resources for how recon- were utilized methods. They were rec- you are seeing is that all of those peo- struction. So it is important for us to ognized to best identify those people ple out there who are asking for help recognize that it is key and it is impor- that are missing, and that does not from government, because the pro- tant that everyone. It is hard to think mean that we will not be going house grams just do not go far enough, could that if 5 percent of the Hispanic popu- to house, that does not mean that we be receiving that help automatically if lation is not utilized, that Hispanics will not try and make sure that every- the census was correct. are only worth 95 percent instead of a one gets counted. So I rise today, Mr. Speaker, to do hundred percent, and we also recognize In fact, as we look at the scientific one thing, to challenge the mayors of that there is an overcount, and we have methods that have been used by the this great country, to challenge the a large number of individuals that are Bureau for decades, it is indicated that county commissioners and supervisors the rich that are being overcounted be- they have been extremely helpful to be of this great country, to challenge the cause they have several households. able to get a more accurate count. The municipal governments of this country So we ask, as we move forward, that Census Bureau has used scientific to rise up and take notice as to what is we get an accurate count. methods to be more accurately meas- happening with the census, because it I wanted to just mention in terms of ured and correct and to make sure that is going to affect their communities. the GAO report that it was requested we get that undercount, because as my This issue is not a partisan issue. It by the leaders of the House Sub- colleagues well recognize, there is also should not be a partisan issue. It committee on Census and to determine an overcount on the other side with the should be a scientific issue: What is the how much each State would have re- rich that have several households. best and most accurate way that we ceived from these programs by using In the year 2000 the Census Bureau can guarantee a full count. adjusted figures for the 1990 head will, No. 1, mail the census form to The National Science Foundation count, and this GAO report is the one each household so that that effort will and the Department of Commerce and that I have been mentioning. The Su- be there again and will continue to be a vast majority of the professional sci- preme Court ruled in January the sta- there, and it will also go door to door entific community all recommended tistical methods known as sampling to follow up on those homes that do that we use modern scientific methods could be, and I read again, could not be not respond. So we are going to go out to have the count in the year 2000. The used for determining population figures there to make sure that everyone, No. United States Supreme Court recently for allotting congressional seats. In re- 1, gets some mail; No. 2, if they do not held that the 1976 Census Act requires sponse we recognize that it can be uti- send it back, we are going to go out the use of modern scientific methods lized for all the other areas, and that is there to make sure and knock on their for all purposes other than just re- what we are talking about. door to make sure that that mail and apportionment of Congress, which is So, it becomes important that we that census data comes back. the method where we determine how recognize the importance of making Secondly, we are going, for the first many people live inside a congressional sure that everyone gets counted. time in history the Bureau will put on district and from there draw the dis- I was also very pleased, and the gen- a national advertising campaign urging trict boundary lines. That is what is of tlewoman from California (Ms. PELOSI) everyone to participate, and this effort interest to Washington, to Congress, to was here earlier, and she talked about is an effort to make sure that everyone the House of Representatives. But let the importance and had to submit recognize that they have a responsibil- us not forget that the real impact of some record for the RECORD because ity to be counted and an obligation. the census is upon our neighborhoods, she recognized that California was the Thirdly, Mr. Speaker, they will use our schools, our health care centers, biggest loser, and in her comments she special outreach to contact and encour- our hospitals, our police and fire, and also addresses the importance that in age everyone to return their census people who reach out and do services to California the statistics were alarming forms, including people who do not our community such as foster parents and had far-reaching consequences. Mr. have a fixed address, and this is where and others. Speaker, 2.7 percent of the people in the problem lies. There is a lot of indi- viduals or families that live together, b California were missed in the 1990 cen- 1445 sus. There is much at stake in this and we do not have a fixed address for Equity demands that more than sci- process for California, for Texas and for them, and those are the individuals entific methods be employed to deter- the entire Nation to make sure that ev- that get miscounted, and that is why, mine the population so that California eryone gets counted. in order to carry that out, aside from and every other State are not deprived In the 1990 census it showed that 27 all those things that we are going to be of their fair share of Federal funding. If States and the District of Columbia doing, we are going to be pushing on indeed those communities care about lost $4.5 billion over the decade in Fed- the utilization of sampling which will this, rise up, take notice and petition eral funds due to the failure of a cor- allow us to have a more accurate our government in Washington. rected census in 1990. California was count. Mr. HINOJOSA. I thank the gen- the State most harmed by these inac- To carry out the accuracy coverage tleman from California (Mr. FARR). I curacies. One State would have re- evaluation, which is called ACE, a am very pleased that he mentioned ceived $2.2 billion more in Federal quality check which completes the cen- California because California was the funds during that period, and that is sus by evaluating accuracy and cor- hardest hit in terms of the loss of re- $2,660 for a person that was missed. So recting any undercount. Methods very sources. It was estimated by the GAO for each one that is missed, in Texas similar used by ACE were used in the report that approximately $2.2 billion we lose a little bit over $1,900; in Cali- 1980 and 1990 census, and this will allow was the biggest loser on the fact that fornia they lost over $2,600. an opportunity to make sure everyone we did not utilize sampling during the So it is important for us to recognize gets counted. When we look at Ameri- 1990 census. The Census Bureau esti- that every effort needs to be made to cans, I know that during the Civil War mated that 835,000 people were not assure that we get everyone counted. we counted African Americans less counted in California. Of those, it is In the year 2000 census I also want to than. We do not want to do this at this also interesting to indicate that over assure my colleagues that the Census time. We want to make sure that ev- half of those individuals not counted in Bureau is there to do an accurate eryone gets counted. Again, if 5 percent California were Hispanics, and the pop- count, and they are willing to move to of Hispanics are not counted, that March 4, 1999 CONGRESSIONAL RECORD — HOUSE H1001 means that I am only counted at 95 That's not fair, it's not accurate, and it's not use of sampling for apportioning congressional percent, while other people are counted acceptable. We are determined to do better. districts among the states. However, the Court at a hundred or even beyond if they are A complete census must include modern also held that the 1976 revisions to the Cen- overcounted. scientific methods which will provide an essen- sus Act ``require'' the use of sampling for all So there is a need for us to look at tial quality check for Census 2000. Such a other purposes, including the distribution of that disparity that exists there and plan fully complies with the Supreme Court's federal aid to states and municipalities and for make every effort to make sure that ruling that the law requires that the Census redistricting, if the Secretary of Commerce de- everyone gets counted. Bureau use modern methods such as statis- termines its use to be ``feasible.'' Mrs. MEEK of Florida. Mr. Speaker, on April tical sampling for all other purposes of the The Secretary of Commerce has already 1, 2000, as mandated by the U.S. Constitution census other than apportionment. This issue announced that he considers the use of sam- and the Census Act, the decennial census will should rise above partisan politics. It's not a pling to be feasible. Given the Supreme take place. People want an accurate census partisan issue. It's an American issue. As Court's ruling, a 2000 census plan must be a that includes everybody. Unfortunately, the President Clinton stated: two-number plan under the law that uses tradi- U.S. Census Bureau has missed millions of ``Improving the census should not be a par- tional counting methods to arrive at a number persons in conducting each decennial census, tisan issue. It's not about politics, its about for apportionment and modern statistical sam- especially minorities, the poor, children, newly people. It's about making sure that every pling techniques for all other purposes. Simply arrived immigrants, and the homeless. Our American really, literally counts.'' President put, the Court's ruling did not bar the use of goal for Census 2000 must be the most accu- Clinton, June 2, 1998. modern scientific methods. It required rate census possible. To accomplish this, the The stakes of an inaccurate census are very sampling's use for all census purposes except Census Bureau must use the most up-to-date high. Over 164 federal programs use some apportionment. methods as recommended by the National aspect of census data to determine the In order to eliminate the undercount for all Academy of Sciences and the vast majority of amount of funds that are distributed to quali- other purposes beyond apportionment of con- the professional scientific community. fied applicants. From the allocation of trans- gressional seats among the states, Census The importance of the census is monu- portation funds and the building of roads and 2000 will be completed using modern scientific mental. The census has a real impact on the bridges, to the determination of housing units methods. The Census Bureau has determined lives of real people. Information gathered in and the distribution of program funds, census that it is feasible to use modern scientific the decennial census is used by states and data plays a critical role in determining the methods and will use these methods to local governments to plan schools and high- amount of federal dollars disseminated in our produce the most accurate census permitted ways; by the federal government to distribute local communities. The decennial census is under the law. funds for health care and other programs; and the basis for virtually all demographic informa- Scientific methods have been used by the by businesses in making their economic plans. tion used by educators, policy makers, journal- Bureau for decades. Statistical methods dis- An accurate census is vital to every commu- ists and community leaders. America relies on closed that in the 1950 census, minorities nity. Last year, census data was used in the Census data everydayÐto determine where to were undercounted at much higher rates than distribution of over $180 billion in federal aid. build more roads, hospitals, and child care non-minorities. Since then, the Census Bureau Accurate census data is the only way to as- centers. has used scientific methods to more accu- The extent of the problem should be clear. sure that local communities receive their ``fair rately measure and correct for this unfair Poor people living in cities and rural commu- share'' of federal spending; an inaccurate undercount. nities, African-Americans and Latinos, immi- count will shortchange the affected commu- What steps will the Census Bureau take to grants and children were disproportionally nities for an entire decade. ensure an accurate and fair census? In 2000, Census data also forms the basis for which undercounted. In Florida, the 1990 Census the Census Bureau will: missed more than 258,900 people. Like the Congressional seats are apportioned among Mail census forms to every household and national results, a disproportionate number of the states. Within states, census data is used do door-to-door follow-up to the homes that undercounted Florida residents were minori- to draw Congressional and other legislative did not respond to the mailing; tiesÐ4% (73,319 people) of African-Ameri- districts. Inaccurate data has far-reaching con- For the first time in history, the Bureau will cans were missed; 1.8% (2,881 people) of sequences for political representation by de- put on a national advertising campaign urging Asians in Florida were undercounted, 5.3% creasing the influence of those persons who everyone to participate; (87,654 people) of Hispanic origin were are less frequently counted. We must not Use special outreach to contact and encour- missed; and 2.7% (1,006 people) of native allow this to occur in 2000. age everyone to return their census forms, in- Americans were undercounted. cluding people who do not have a fixed ad- Allow me to give you some pertinent statis- In Miami, an estimated 18,831 (4.99%) peo- tics. The population undercount for minorities dress; and ple were not counted. This is the 3rd highest Carry out the Accuracy & Coverage Evalua- is a long-standing problem for the Census Bu- undercount rate among major cities (behind reau, a problem which was even worse in the tion (ACE), a quality check which completes Newark, NJ, and Inglewood, CA). We must do the census by evaluating accuracy and cor- 1990 census. The 1990 Census contained 26 better. million mistakes. About 4.4 million people recting any undercount. We should allow the Census Bureau to do Methods very similar to ACE were used in were counted twice and 8.4 million people its job. The professionals at the Census Bu- the 1980 and 1990 censuses to improve accu- were missed. The net undercount was 4 mil- reau are continuing their preparations to racy. lion people, approximately 1.6% of the popu- produce the most accurate census permitted If we use the most up-to-date scientific lation. Another 13 million people were counted under the law. Our goal must be the most ac- methods as recommended by the National in the wrong place. About one-third of all curate census possible, using the most up-to- Academy of Sciences and the vast majority of households failed to respond to mailed ques- date scientific methods and the best tech- the professional scientific community, America tionnaires. nology available. can have a Census 2000 where all Americans The undercount of minorities was much Allow me now to turn your attention to the count. Let's make Census 2000 a census that worse than the 1.6% national average. The controversial issue of statistical sampling. Ad- all Americans can be proud of. Census Bureau estimates that 4.4% of Afri- vertising and promotional campaigns targeted Ms. PELOSI. Mr. Speaker, does the census can-Americans, 5.0% of Hispanics, and 4.5% to minority communities and directed by mi- count? of Native Americans were not counted. The nority advertising firms are essential. Easy ac- Yes, the Census counts for every American 1990 census missed 7% of African-American cess to census materials in languages other and it should be as accurate as possible. children, 5% of Hispanic children, and over than English is also critical. However, the Na- The Census Bureau has devised a plan to 6% of Native American children. In fact, as the tional Academy of Science, the General Ac- increase the accuracy of the ten-year count. Secretary of Commerce noted on January 25, counting Office, the Inspector General of the We should listen to the experts on this issue 1999, the 1990 Census was the first in 50 Commerce Department and the academic and and leave the decisions to the experts who years that was less accurate than its prede- statistical community all have concluded that know how to determine the best means for ac- cessor. It is critical that this census is a fair the undercount and the differential undercount complishing the best count. census. Because the census is so important, among minorities cannot be solved without the What are our choices? we must do everything we can to ensure that use of modern statistical techniques known as In all of the talk about the census and its everyone is included in the count. We know ``sampling.'' fairness, the interpretation of the Supreme that previous censuses overlooked millions of On January 25, 1999, the U.S. Supreme Court decision and the debate on methods, people, especially children and minorities. Court ruled that the Census Act prohibits the our choices really are very simple. H1002 CONGRESSIONAL RECORD — HOUSE March 4, 1999 We can use the ``old'' methods, or we can Yes, the Census counts. Every American public, says itself that you have got to use the modern methods recommended by should be concerned about a fair count and count each person when we decide the Census Bureau. We can have an inac- support the work of the experts at the Census about reapportionment. curate census using the ``old'' method, or we Bureau in giving them the tools they require to Now what did we hear? As my col- can have a more accurate census using up- do the best job for the best money. The Amer- leagues know, I do not know why we dated techniques for counting, recommended ican people deserve the best. did not hear that other than it does not by the Census Bureau. f really play into their strong point as The 1990 census failed America's minority well as criticizing Republicans, attack- THE RADICAL LEFT, THE PRESI- communities. Almost 9 million people were not ing us as mean-spirited. Listen. The DENT’S COUNSEL AND THE counted in the process, including one in ten Republicans on this issue are irrele- DEMOCRATIC CAUCUS DO NOT African-American males, one in twenty His- vant. If they have a problem, they need LIKE THE CONSTITUTION panics and one in ten young Asian males. To to take it up with the United States make matters worse, there were 26 million er- The SPEAKER pro tempore. Under Supreme Court. They need to take it rors in the census with 14.5 million people the Speaker’s announced policy of Jan- up with Madison and Hamilton and counted twice and another 13 million people uary 6, 1999, the gentleman from Flor- those people that drafted the United counted in the wrong place. In fact the 1990 ida (Mr. SCARBOROUGH) is recognized States Constitution over 200 years ago. census was the first census in 200 years to be for 60 minutes as the designee of the Now maybe they do not like the Con- less accurate than the census preceding it. majority leader. stitution, maybe they think that this This approach is unacceptable. Why would Mr. SCARBOROUGH. Mr. Speaker, I part of the Constitution is not suited we retrace our steps down a failed path certainly have been intrigued by the well for the 21st century, maybe they AGAIN? We owe it to all segments or our speech that we have been hearing want a radical departure from our his- communities to make the strong effort to keep about the census and about how we tory, maybe they want to take an ex- the census fair, accurate and representative of have heard words like ‘‘partisan mo- tremist approach because they think our diverse population. tives’’ and ‘‘tactics’’ and basically the they can pick up four or five seats. But In California, the statistics were alarming same things that we have been hearing I can tell my colleagues the Supreme and had far-ranging consequences. 2.7% of for years, that Democrats have been Court, the United States Constitution the people living in California were missed in attacking Republicans for back room and 222 years of American history does the 1990 count. There is much at stake in this maneuvers and saying all these hor- not support their argument. process for California and its communitiesÐto rible things because we do not want Facts are stubborn things. Facts, not be counted, to be represented and to reap the people to be represented according to name calling, not mean-spirited at- federal benefits intended to spring from the them. Mr. Speaker, as my colleagues tacks; facts are stubborn things. best possible census numbers. In San Fran- know, the one thing though that I find It reminds me during the impeach- cisco alone, African Americans were under- really intriguing about this debate is ment hearings and even before the im- counted by 13% and Hispanics by 16%. that while Republicans are being at- peachment hearings, as we led up to The 1990 census showed that 27 states and tacked for this, the one thing that we the impeachment hearings. Mr. Speak- the District of Columbia lost $4.5 billion over do not hear about when it comes to re- er, I remember Ken Starr being casti- the decade in federal funds due to the failure apportionment and when it comes to gated time and time again. He is a ren- to correct the 1990 census. California was the using the census to count voters in 2000 egade. Ken Starr is dangerous. He is state most harmed by these inaccuracies. Our is the fact that this decision has al- trying to do things that he should not state would have received $2.2 billion more in ready been reached, not in a back room be able to do. That is what we heard federal funds during this periodÐ$2,660 for in Congress, not by mean-spirited Re- from the radical left. But facts are each person missed. publicans getting together and figuring stubborn things. The Republican majority has proposed a out how they can harm human beings, The President’s attorneys, the radi- $400 million ad campaign to highlight the cen- but now it has been decided already cal left, the Democratic Caucus, all sus. Why spend almost half a billion dollars across the street by the United States would attack Ken Starr and say he was and do nothing to correct the inaccuracies of Supreme Court who ruled not long ago, doing things that would destroy the the past. Under this plan, we will get even less just a month or two ago, that it is un- Presidency and the Constitution, and for our money than ever before. What kind of constitutional. It is unconstitutional yet every time the legal question was goal is that? to run a census the way the adminis- taken to the United States Supreme If there is a move to restrict the Census Bu- tration and the way that the radical Court, the United States Supreme reau in its plans and the process is thwarted, left wants to run the census in 2000. Court, the highest court in the land, we could be faced with a partial government Mr. Speaker, I say ‘‘radical left.’’ would come back and defend Ken shutdown with funding cut off for the depart- Why do I say ‘‘radical’’? I say ‘‘radi- Starr’s right to conduct his legal inves- ments of Commerce, Justice and State under cal,’’ and my definition of ‘‘radical’’ is tigation. the June 15 deadline. This crisis is avoidable somebody or a group of legislators who Now whether colleagues agreed with and should be entirely unnecessary under the want to radically break with the past, Mr. Starr’s investigation or not, do not Supreme Court decision. and that is what this is all about. As say that he is an out-of-control pros- The Supreme Court decision supports the my colleagues know, they can talk ecutor that is trying to violate the law current efforts of the Census BureauÐto use about scientific means of measure- because the highest court in the land, the ``old'' method for the purposes of state ap- ment, they can talk about fairness, the court sanctioned by the United portionment in Congress under the law and to they can talk about whatever they States Constitution 222 years ago, said use methods recommended by the census ex- want to talk about, but when they turn that what Mr. Starr was asking for was perts to use improved counting to redistrict and point and blame the Republicans constitutionally correct. within each state and to distribute federal for the census in 2000, they are avoid- b 1500 funds. This is a fair compromise. The Su- ing some very basic facts. preme Court agrees. Mr. Speaker, the main fact they are Now, again, maybe the radical left, The Census Bureau is committed to produc- avoiding is, and there are two facts ac- the President’s counsel, and the entire ing the most accurate numbers possible for all tually; first fact is the United States Democratic Caucus does not like the uses other than for apportionment, and the Supreme Court says it is unconstitu- Constitution. Maybe they are offended Republican majority wants to prevent it from tional to guess how many Americans by 222 years of history. But do not at- doing its job. should be able to vote in an election. It tack the person that is living by the The rich ethnic diversity of our urban and is unconstitutional. The second fact law and the Constitution, because facts rural areas should not be under-reported, that they conveniently avoid so they are stubborn things. underpresented and under-funded under a can come down here and make mean- This is something I have seen now for failed system. We must have a more fair proc- spirited, radical assertions that just 4 years. Mr. Speaker, it was about 41⁄2, ess for counting our nation's minority commu- are not based on fact is that the United 5 years ago that I was an American nities under a process that brings the greatest States Constitution itself, the frame- that sat on my couch and watched the number of people into the headcount. work for this great constitutional re- news, watched C-Span, had never been March 4, 1999 CONGRESSIONAL RECORD — HOUSE H1003 involved in politics. I decided that I Americans. We have got to do that. We I think what Senator KERREY did was should get off the couch, come to have got to stop looting the Social Se- a courageous thing. Senator Simpson, Washington, and try to make a change. curity trust fund. now retired, was also on that commis- I did that. I have to tell the Mem- Ironically, this is something that, sion. It is a commission that came up bers, I was shocked, absolutely shocked back in 1995, when I came here with a with good conclusions regarding the by some of the mean-spirited things group of 73 other freshmen Repub- solvency of Social Security. that were said from the left to the licans, we actually put out a bill that What does that mean? I guess we right. Any time they disagreed on prin- Mark Neumann helped draft that would have to boil this down basically as ciple, they would attack personally. set aside the Social Security trust fund much as we can so people in their teens I just do not know how many times I and protect Social Security’s funds for and twenties can understand. have heard somebody from the radical our seniors. We were told at the time it Let us say you have a job at Wendy’s left call an opponent a Nazi because was radical, that nobody would do it; and you make $200; a part-time job, and they disagreed with them politically; a that, listen, we have to go ahead and you make $200 every 2 weeks. If you Nazi, a member of an organization that count the Social Security trust fund have to pay 90 percent of your salary in killed 6 million Jews. and raid it or there is no way we can Federal taxes, that means you will get Just because you disagree with the balance the budget. The administra- $20 at the end of the day and the Fed- way somebody votes on a school lunch tion’s budgets looted Social Security. eral Government will get $180. That program, whether someone wants it ad- Right now, though, I think we are simply is not the right thing to do, but ministered by the State, the local getting to a point where most conserv- that is what our children and our school agency or the Federal Govern- ative and moderate Members of Con- grandchildren face and what they faced ment, does not mean that we should re- gress agree that we have got to keep if we did not dare to stand up to say no sort to this mean-spirited radical ap- Social Security safe and keep it off- to more and more spending. proach. budget, so our grandparents and our What do we hear now, 4 years later, It is just like social security. I do not parents will be able to get back the just 4 years later? We have gotten to a know how many times I have heard money that they put in. point where we could not only erase people on the left talk about Social Se- Is it a plan that will work? I do not the deficit but also erase the $5.4 tril- curity and talk about how Republicans know, but I would like the administra- lion debt, just in 10 or 15 years. How did want to destroy Social Security. We tion, I would like members of the radi- this come about? We hear an awful lot have heard it from the administration cal left, I would like everybody to about the recovery. A lot of people time and time again. It is almost like come to the table and at least talk want to take credit. they a one-trick pony. That is all they about it, instead of saying let us raid But I remember back in 1995 when we know how to do is to scare people. Social Security by $270 billion, and got here. We said, we are going to bal- Once again, facts are stubborn then turning around and saying, we are ance the budget and we are going to do things. It was just this week that CBO the ones that are protecting Social Se- it in 7 years or less. I actually voted on Director Crippen criticized the Presi- curity. a plan that would balance the budget dent and the administration, and for They cannot have it both ways. Ei- in 5 years. They called us radical and doing what? For planning to raid the ther they are for protecting Social Se- extreme because their views were radi- Social Security trust fund by $270 bil- curity and keeping their hands off the cal and extreme. lion, steal $270 billion from Social Se- Social Security trust fund, or they I guess, to a political faction that curity. Even in Washington, D.C., even want to raid Social Security to the had spent 40 years borrowing from among the radical left, $270 billion is a tune of $270 billion, like the adminis- their children and their grandchildren lot of money. tration, to create bigger Federal bu- and stealing from their grandparents’ The idea was let us go ahead and raid reaucracies. They cannot have it both Social Security trust fund, I guess our Social Security for $270 billion, take it ways. Facts are stubborn things. concept was radical. from Social Security, put it in the gen- Why are we in a position now that we This was our concept: If you spend $1, eral account, and then, after we steal can set aside the Social Security trust then you had better bring in $1. Stop $270 billion from this Federal program fund? It is because when we came here borrowing from the next generation that was set up on a promise, then we in 1995 we were not only concerned and from the generation that survived spend that $270 billion on new Federal about senior citizens, we were con- the Depression and won World War II. programs, new bureaucracies, making cerned about our children, we were Instead, let us be fiscally responsible. new promises that this government concerned about teenagers, we were So we brought out a plan to balance will not keep. concerned about people in their 20s, the budget. It was the plan of the gen- We have to say, once and for all, to 30s, and 40s, and people who would be tleman from Ohio (Mr. JOHN KASICH). It this administration and to those on the on Social Security down the road. was a courageous plan. left that want to raid the Social Secu- The only way we could take care of I got up here in my first couple of rity trust fund to create new bureauc- our future leaders, the only way we months in Washington and everybody racies and new jobs and new power in could allow them to enjoy the Amer- in Washington told me, we cannot do Washington, D.C., keep your hands off ican dream that so many Americans it. This will never happen. We cannot Social Security. Keep your hands off have enjoyed in this great American balance the budget. In fact, I remember Social Security. century, was to stop raiding Social Se- the President coming out and saying, if There is a Republican plan by the curity and stop stealing from our next we tried to balance the budget in 7 gentleman from California (Mr. WALLY generation. years we would destroy the American HERGER) that would allow us to, fi- When we got here, the deficit was economy. The President of the United nally, after all of these years, keep $300 billion, $300 billion. The debt was States just 4 years ago said if we tried politicians’ hands off of Social Secu- $5 trillion. What does that mean? It is to balance the budget in 7 years we rity. This plan would set aside the So- hard to figure out exactly how much would destroy the United States econ- cial Security trust fund and stop politi- money that is. All I can say is this. omy. cians from raiding that trust fund. Senator BOB KERREY headed up a bipar- We had some other people that knew The President would not be able to tisan task force on Social Security, a thing or two about economics come steal $270 billion from the Social Secu- and his Social Security task force back and testify before Congress. The gen- rity trust fund. Members of the radical in 1994 concluded that if Social Secu- tleman from Ohio (Chairman KASICH) left would not be able to create new rity spending and if spending on our had Fed chairman Alan Greenspan Federal jobs, create new Federal bu- Federal budget continued at current come to Congress. reaucracies, and create new Federal rates, then people in their teens and The chairman of the Fed said, if you regulations with their ill-gotten dol- twenties would be paying 89 percent of people will only do what you say you lars. Instead, we would set aside Social their paychecks, 89 percent of their want to do and pass a budget that will Security. We would keep it solvent, not paychecks just to pay off their Federal balance in 7 years, you will see unprec- only for my parents but for all of taxes. edented economic growth. You will see H1004 CONGRESSIONAL RECORD — HOUSE March 4, 1999 interest rates rocket down. You will So what we have to do in 1999 is re- and you can either have a bureaucrat see unemployment go down. You will member the lessons of 1995, Mr. Speak- in Washington, D.C., invest that money see the stock market explode. You will er. Just because it is unpopular does or you can invest that money your- see America explode economically in a not mean it is not the right thing to self,’’ I will guarantee that he will say, way that it had not exploded since the do. Just because less government may ‘‘I will invest it myself.’’ end of World War II. not be popular in Washington, D.C., Let us say that someone won a $50 Do Members know what? He was does not mean it is not the right thing million lottery across America and right. His prediction before the Com- to do. Just because destroying the they said they want to give all of their mittee on the Budget in early 1995 was death tax, cutting capital gains tax, money away to charity, they want to deadly accurate. It is a good thing that ending the marriage penalty and allow- help people. If I gave them the option, we listened to our hearts, that we lis- ing people that make from $45,000 to would they rather give that $50 million tened to the chairman of the Fed and $60,000 to pay less taxes, just because it to Federal bureaucracies or would they ignored the naysayers on the radical may be tough does not mean it is not rather give that $50 million to private left and ignored the President, who the right thing to do. It is the right charities, I will guarantee that they said, do not balance the budget; it is a thing to do. would give it to private charities in a very bad thing. It may seem radical to people whose second because Washington, D.C., does Facts are stubborn things. It was entire life, their entire existence is not have all the answers. Washington, only 1 year later when he was running based in Washington, D.C.; who believe D.C., cannot do it as well as commu- for president that he said his first pri- that all roads lead to Washington; who nities. All roads do not lead to Wash- ority would be to keep up the fight for believe that Washington knows how to ington, D.C. balancing the budget. It is very inter- spend out money better than we know Mr. Speaker, I still believe in the ge- esting, because he vetoed nine appro- how to spend our money; that believe nius of America. I still believe in the priation bills, he shut down the govern- Washington knows how to educate our genius of communities. And as the fa- ment, all because he did not want to children more than we know how to ther of two boys in public schools, I balance the budget in 7 years. He said educate our children; that believe that still believe parents know how to raise it would destroy the economy. Washington knows how to clean up their children and teach their children What has our work accomplished? crime better than communities know better than bureaucrats in the Federal What has the work of the gentleman how to clean up crime. It may seem Department of Education. Maybe that is not in vogue in 1999. from Ohio (Chairman KASICH) accom- radical to them, but it does not seem Maybe it is not in vogue to say that plished? What has Speaker Gingrich, radical to me. It did not seem radical Americans are paying too much in when he was still here as a Speaker, ac- to Ronald Reagan, and it certainly did taxes in 1999. Maybe the economy is complished? What has the courage of not seem radical to Thomas Jefferson. doing so well that Americans want to Mr. Speaker, we have to stop turning Republicans and conservative Demo- give the Federal Government more our backs on what made America so crats alike accomplished? money. Well, I hope not, because I do great. That is the individual. It is peo- Well, let us look at it. When we first not think that is good for America and got here 4 years ago the deficit was ap- ple. ‘‘GOP’’ in the past has stood for I do not think it is good for the Federal proaching $300 billion. Now we are told Government. Because if we give the Grand Old Party. I think that is a that the budget will balance in the Federal Government one dollar, they lousy name. I think that is a stupid, next year. When we first got here the will figure out a way to need two dol- lousy name. What we ought to say is Dow Jones was at 3,900. Today it is at lars next year. If we give them two, GOP stands for Government of the Peo- 9,500, and middle class Americans have they will need four. If we hire one em- ple. gotten involved in the market, in their ployee this year, they will figure out a 401(k) plans, and America is enjoying Now, why do I say that? Because think about it. Who is the one, who is way that they will need to hire two unprecedented economic growth. next year. the party that is saying parents and Unemployment is down. Inflation has We have got to get back to basics, teachers know more about educating remained down. America has not en- not only in this Congress, not only in joyed better times. Why? All because children than the Federal Department this country, but in this party. The we ignored the naysayers and the peo- of Education? Certainly not Demo- party of Lincoln, the party of Madison ple who said we cannot balance our crats. They believe that the Federal and Jefferson, the party that believes checkbooks, we cannot run Washington bureaucracy in education should con- that the genius of America lies in the the way middle-class Americans have tinue to grow, and the President has heart of America and not in Washing- to run their homes. We cannot do it. budgets to prove it. ton, D.C. We said, we can do it, Mr. President; Who believes Americans should keep So, hopefully, when we talk about and we will do it, Mr. President. And more of their money and Washington Social Security, we can keep our word because we did, America enjoys unprec- should take less? It is not the Demo- with the American people. We can stop edented economic growth. It is time for crats of the radical left. In fact, the stealing from Social Security. We can us to step back, not to assess credit, President of the United States went up stop the President’s plan dead in its not to assess blame, but just to say, let to Buffalo a few weeks ago and made a track to loot the Social Security trust us remember the facts and let us re- statement that I am sure he wishes he fund of $270 billion. $270 billion. We can member what got us here. The gen- could retract now. This is a statement stop the President’s plan to spend more tleman from Ohio (Chairman KASICH) that, unfortunately, reveals his heart and more money. And, yes, we can stop was for it. The Speaker was for it. when it comes to Washington, D.C. He the President’s plan to raise taxes by Every Republican was for it. A few said to this group about cutting taxes, almost $100 billion this year. Democrats were for it. The President he criticized Republicans because they We have tried that before. That is the was against it, and the radical left was actually wanted Americans to keep past. That is the history. I know his against it. more of their money, and he said: You poll ratings are high and every time know, we in Washington could let you they are high he comes to Congress and b 1515 keep more of your money and hope you he wants to spend more money and It is a good thing, a good thing that know how to spend it right. Oh, we can- raise more taxes. It happened in 1993. we stuck to our plan. not do that. We had the largest tax increase in the But yet, to hear the administration Hope? What is there to hope about? I history of the world. That is why I talk, one would think, my gosh, this mean, it is so painfully obvious that think I got elected in 1994, because of was our plan all along. It was not. It Americans know how to spend their his tax increase in 1993. I was against it just was not. And I suppose they can money better than Washington, D.C. I then; I am against it now. I think it is say it as much as they want to say it. will guarantee, Mr. Speaker, that if I immoral for the Federal Government They can take the credit as much as went to the President of the United to take half of what Americans earn. they want to take the credit. But facts States today and I said, ‘‘Mr. Presi- When we look at it, look at it and are stubborn things. dent, I have got $50 million for you, see. A great example is the death tax. March 4, 1999 CONGRESSIONAL RECORD — HOUSE H1005 Now, the radical left will tell us that months that we can debate the real over 1.2 million tourists last year, we the death tax is about nothing more issues and debate the real facts. If we anticipate, and we certainly hope that than helping the rich. Say that to the are talking about spending, we will we will get more. farmer that has spent his entire life keep spending down, we will adhere to In the course of trying to represent a with his hands in the soil building a the spending caps that we passed in territory of the United States, the fur- farm, praying to God every year that 1997. thest territory from Washington, D.C., his crops will come in, praying that he We have had Speaker HASTERT and and in the course of trying to represent will have something to pass on to his several others come out this week and some very special and unique condi- sons and his daughter, only to pass talk about their desire to stay in the tions which affect the people I rep- away and have his children have to pay spending caps. We have had the Presi- resent, it becomes necessary to try to 55 percent to the Federal Government dent of the United States talk about get some time to enter into the RECORD just because he had the bad fortune of more taxes, more spending, more gov- and to provide some information for dying. Fifty-five percent on money ernment, two very separate visions of those people who happen to be watch- that he has already paid taxes on eight America. ing some information about the kinds Mr. Speaker, Republicans are fight- or nine times. of issues that affect the people of Mr. Speaker, that is obscene. With ing hard to cut taxes. Hopefully, we Guam. the new collection of wealth in Amer- can cut the death tax. Hopefully, we I certainly would like to take the ica, with middle-class Americans that can help Americans that make $45,000 time to start off by talking about a to $60,000 get out of the 28 percent tax are actually getting to earn a little bit very special congressional delegation bracket and go to the 15 percent tax of money and investing in small busi- that went to Guam last month. In Feb- bracket. Why is an American making nesses and using their hands and using ruary, there was a Pacific congres- $45,000 paying 28 percent in Federal their minds and sweating day and sional delegation headed by the gen- taxes? That is insane and wrong. The tleman from Alaska (Mr. YOUNG), who night to build a small business in the Federal Government has enough is the chairman of the Committee on hope of passing the American dream on money. It does not need money that to their children, they find out that badly. Resources. He took a delegation which when they die, they are going to have Hopefully, when we talk about Social included the gentleman from California to pay 55 percent to the Federal Gov- Security we can say no to raiding the (Mr. ROHRABACHER), the gentleman ernment. And what is going to happen Social Security trust fund and say yes from California (Mr. DOOLITTLE), the to their small business? What is going to keeping Social Security off budget. gentleman from Minnesota (Mr. PETER- to happen to their small farm? They Say no to the President’s plan of SON), the gentleman from California are going to have to sell it. They are looting Social Security by $270 billion, (Mr. CALVERT), the gentleman from going to have to have a sale on the according to CBO, and say yes to the American Samoa (Mr. FALEOMAVAEGA), courtroom steps, because their children Herger plan, the Republican plan, to the gentlewoman from the Virgin Is- are not going to have the money to pay keep Social Security off budget. lands (Ms. CHRISTENSEN), and myself death taxes and keep that family busi- Mr. Speaker, if we do that and if we through a four-stop trip in the Pacific. ness or that family farm running. go back to what we were talking about The Committee on Resources, of Mr. Speaker, it makes no sense. It doing in 1995, which was balancing the which the gentleman from Alaska (Mr. makes no sense that Americans, while budget, cutting taxes, cutting spend- YOUNG) is chair, is the committee of ju- they are alive, spend half of the year ing, saving Social Security and being risdiction and responsibility over the paying for taxes, fees and regulations responsible with taxpayers’ money, insular areas. put on them by the government. then I think we will really be on to I want to take the time to thank the Now, what does that mean? That something and we will go into the next members of the congressional delega- means that when Americans wake up century and the new millennium a tion for taking time from a very busy to work on Monday, they are working stronger, freer, prouder country than schedule in order to go out to the Pa- for the government, and all day they we have in many, many years. cific. I think sometimes people think are working for the government. When That is my hope, that is my prayer, of these as trips that are taken at a they wake up and go to work on Tues- and that is what I will be fighting for. very leisurely pace and that not much day, they are still working to pay f is learned. But inasmuch as there is a great deal, perhaps, of misinformation taxes, fees and regulations to the gov- ISSUES AFFECTING THE PEOPLE or a lack of understanding or firsthand ernment. It is not until they come OF GUAM back from lunch on Wednesday after- knowledge about the insular areas, I noon that they are able to put aside a The SPEAKER pro tempore (Mr. took it as a great opportunity to do a few dollars for themselves and a few PEASE). Under the Speaker’s an- little teaching about the Pacific. I can dollars aside for their family and a few nounced policy of January 6, 1999, the testify that flying all over the Pacific, dollars aside for a mortgage. God help gentleman from Guam (Mr. UNDER- in which time is measured in hours of us all to be able to save a little bit of WOOD) is recognized for 60 minutes. flight time, cannot be very pleasant Mr. UNDERWOOD. Mr. Speaker, I money for our children’s education. when you make basically six stops in take the floor today in the course of a See, this is not the agenda that the the course of 10 days. President or the radical left want to special order to try to draw some at- In the course of the CODELs, the talk about, because what does this do? tention to issues which affect the peo- congressional delegation trips, they Why is this offensive to people on the ple I represent, the people of Guam. happened to stop, of course, on Guam. Mr. Speaker, Guam is a small island left? Because it makes sense? It makes They went to American Samoa, Guam, about 9,000 miles from here. It has sense I think to most Americans. But Saipan in the Commonwealth of the 150,000 proud U.S. citizens and offers Northern Marianas, and Majuro in the why is it offensive to people on the the United States a transit point Republic of the Marshall Islands. left? It is because it takes money out through which military power is pro- In the course of stopping in Guam, I of Washington, D.C., and returns it to jected into that part of the world. It is would like to say publicly that I cer- Americans. a cornerstone of America’s projection I think, in the end, the difference be- tainly appreciate the work of Governor of its military strength in Asia and the tween the right and the left is that the Guiterrez and many of the people on Pacific. left just does not trust Americans with Guam has a $10 billion military infra- Guam who made the visit most pleas- their own money. Like the President of structure. Our island is primarily influ- ant, I think, for the CODEL, the Mem- the United States said in Buffalo a few enced by Asian economic trends, and bers, the spouses that attended, as well weeks ago: Yeah, we could give you we have a fair-sized economy for a pop- as the staff that went. your money and hope that you spend it ulation of 150,000. Politics on Guam is very different the right way, but we just cannot do than politics here. Sometimes when we that. b 1530 try to deal with issues, we run into Mr. Speaker, I am hoping that we We have a $3 billion economy that is roadblocks of misunderstanding. It is will be coming to a time in the coming fueled primarily by tourism. We had very difficult to try to get the sense or H1006 CONGRESSIONAL RECORD — HOUSE March 4, 1999 try to explain the sense of the kinds of But for an area like Guam or the Vir- Moreover, the government of Guam situations that we confront. gin Islands or American Samoa or the should be granted the option, if fea- Yet, in the course of the congres- Northern Mariana Islands, that is not sible, to return some of the land that sional delegation visit, we did have the often seen as an option. Yet, there is they do get back to the original land opportunity to have a forum between no alternative given in order to find a owners. And this is a much contentious locally elected leaders, the Governor, fuller way to participate in the Amer- issue across a number of lines, because members of the Guam legislature and ican body politic. So, as a consequence, there are many bureaucracies in Wash- Members of Congress to have a dia- these are issues that are always just ington who fear that this will create logue, a roundtable discussion on some below the surface on any given issue. some precedence which would make it major issues. I would like to simply ad- It comes to the surface on some very difficult to deal with excess lands in dress a few of those issues. difficult things, like the establishment other parts of the United States. One is political status. Guam is an of a fish and wildlife refuge on Guam to But, again, given Guam’s unique ex- unincorporated territory of the United deal with endangered species. This was perience, given the fact that we must States. This goes back to a distinction a law that was passed in the U.S. Con- do what is right for the people of Guam made and rulings made by the Supreme gress and applied to Guam in the same and that we must do what is right in Court called the insular cases in which way that it applied to the 50 States, correcting this historical injustice, I a distinction was made between so- even though the people of Guam may think we should draft a provision called incorporated territories and un- not want the refuge. And in this in- which allows for that. incorporated territories. stance, they do not, even though the Another item which has surfaced also Unincorporated territories are those source of the problem is the applica- in the course of the discussions is the areas over which the United States has tion of a law in which the people of rate of illegal immigration into Guam, sovereignty but which are not destined Guam have no meaningful participa- primarily from China. I would like to or are not promised or there is no im- tion. discuss that at length a little bit later plied promise for becoming States. So there are a number of issues in this special order. This is to make a distinction of what which were raised. First of all, we dealt Lastly, compact-impact aid. It is use- was going on in the 19th century with with political status, and we hope that ful to have a little geography lesson areas of Oklahoma or Arizona or New we can continue the dialogue on this. about Guam. Guam is roughly 3,500 Mexico which were territories almost We hope that the Committee on Re- miles west of Hawaii, about 7 hours fly- always seen as States in waiting. sources will see fit to try to establish ing time. It is in the middle of a group The problem with unincorporated new models for governance, new ways of islands that geographically are territories is, realistically, as it stands in order to establish meaningful par- called Micronesia. Most of Micronesia now, unless we are able to conceptual- ticipation for citizens who do not par- was under a trust territory arrange- ize a new model for governance and ticipate in the formation of laws which ment from the United Nations called participation in the system, unincor- govern their lives. They do not elect a the Trust Territory of the Pacific Is- porated territories have very few op- president who is, nevertheless, their lands. Emerging out of that old Trust Terri- tions, particularly the smaller ones president in every sense of the word. One of the main issues that is always tory of the Pacific Islands are three have very few options, in order to be raised in the context of Guam is excess new independent nations that are in able to participate in the making of lands. These are military lands. The free association with the United laws which govern their lives. States. These new nations are called Unincorporated territories are terri- military condemned approximately 40 compact states. They are called FAS, tories that are represented here, one is percent of the land in Guam in the im- mediate post-World War II era in order Freely Associated States. These are not even represented here, the Com- to establish a network of military the Republic of Palau, the Federated monwealth of the Northern Mariana Is- bases which were subsequently used to States of Micronesia, and the Republic lands, represented here by individuals prosecute further World War II, to of the Marshalls. like myself who are not voting Mem- fight the Korean War, to win the Cold They have their own representation bers of Congress. War. in the United nations. They have am- Consequently, the people that we rep- But, basically, those lands were con- bassadors who are here in Washington, resent have no real meaningful partici- demned by military officials under au- D.C. The United States has ambas- pation in the making of laws which thority of this Congress when there sadors that are in those three areas of apply to the territories. Most of the were no representatives from Guam at Micronesia. laws apply to the territories in the that time, not even a nonvoting rep- Yet, because they share a very spe- same way that they apply to other resentative. cial relationship, they are the only areas. If there was anyone who wanted to independent countries in the world Moreover, even though the President contest that process of condemnation, that are allowed free migration into is our president as much as any other they had to take their case in front of the United States. I believe that that is American citizen, we do not vote for a military court. It was a closed sys- a good policy. In general, it is a good president. And, of course, the executive tem. It was a closed system, a very un- policy. But because of the proximity of branch of the Federal Government and American system, but a system that Guam, most of these migrants end up all its various agencies issue regula- was specifically authorized by Con- either in Guam, the vast majority end tions which in the main are applicable gress. It could be authorized by Con- up in Guam. Some end up in Hawaii. A to the territories in the same way that gress because, under the Constitution, few go on to the U.S. mainland. they are applied to the 50 States and Congress could pass virtually any kind As part of this treaty between the the District of Columbia. of law it sees fit with respect to the Freely Associated States and the As a consequence, it is always an territories. United States of America, which is a issue to try to figure out what is the So one of the issues is that today, as freely negotiated treaty, the United long-term process for resolving this sit- the military downsizes, as it changes States basically granted these nations uation, because it is a situation which its needs, is how to get as many lands the right to freely migrate. The people every American citizen must come to back to the government of Guam at no of Guam were not a party to those ne- grips with at some time. That is, how cost, back to the people of Guam at no gotiations. In fact, because of their sta- do you extend the meaning of the cost. tus as an unincorporated territory, phrase concept of the governed to some This is very different than any other they could not vote on that in the full 4 million Americans for whom that circumstance that may be experienced House proceedings that occurred here. phrase is not fully implemented? It is in any other area of the United States. So, as a consequence, one can say easy to say to aspire to statehood. Per- These lands were condemned by mili- that the obligation, the fulfillment of haps, Puerto Rico, because of its size tary courts primarily for a military this promise made by the United and its proximity and the relative purpose. Now that they no longer serve States Government falls on the people numbers that are at work there, it is a military purpose, they should go of Guam. Today, as we speak, approxi- easy to say that statehood is an option. back to the people of Guam. mately 10 percent of the population of March 4, 1999 CONGRESSIONAL RECORD — HOUSE H1007 Guam are these migrants who come to line when excess land is declared by the On May 20, two people were arrested in Guam, who have no restrictions, no Federal Government. As it stands now, connection with the Ylig Bay incident. visa requirements, no monitoring, and and as it stands in most areas, when On May 22, 24 Chinese illegals and they are simply allowed. there is Federal excess lands which the three smugglers were apprehended off When the compacts were passed, the Federal Government no longer needs, of Guam’s eastern shore. On June 8, 75 U.S. Congress did put a statement in they offer it to other Federal agencies Chinese nationals were apprehended off there that the social and educational first. So if the Department of Defense of Tanguisson. On June 18, a federally costs of the migration of these people had a runway that they no longer need- funded report on the Commonwealth of into the territories like Guam, they ed, they would simply check out all the the Northern Marianas, our neighbors were mindful that something like this other Federal agencies. Obviously, to the north, found that some 200 Chi- would happen, would be reimbursed by when they do that, to be sure, one or nese citizens were smuggled from the Federal Government. more Federal agencies are going to find Saipan to Guam and are in various Well, guess what? The first compacts a use for it. stages of a political asylum process. On were negotiated and implemented in So what our legislation would do and June 26, 12 of the Chinese nationals 1985 and 1986. It has gone on almost 15 what we would like to put into the caught at Tanguisson on June 8 were years. The government annually esti- Guam omnibus act is legislation which discovered to have hepatitis B. On Sep- mates that these social and edu- would treat the government of Guam tember 15, 48 Chinese illegals were ap- cational costs, because of the disparity as a Federal agency and put them at prehended off Mangilao. On December in medical treatment opportunities be- the head of the line whenever any Fed- 25, Christmas day, 11 suspected Chinese tween Guam and the other areas, be- eral agency declares that land is to be illegals were apprehended near Guam cause of the disparity in educational excess. Reef Hotel, which is a big hotel, and it and health services, that we estimate Given the nature of how this land is in the middle of a tourist area. It has that this figure is about anywhere be- was originally taken, condemned by become even more brazen as times goes tween $15 million and $20 million a military authorities under a grant of on. year since 1986. But, today, the U.S. authority by Congress and condemned It is important to understand that Government only reimburses the peo- by military authorities and adju- this rash of Chinese illegal immigrants ple of Guam $4.5 million. dicated in courts presided over by peo- is very unlike what we normally think So we are very concerned about this. ple in uniform, a closed system, it is of as a source of illegal immigration. We took the opportunity to explain it only fair that we provide the oppor- Most of us think, and, quite honestly, I to the Members of Congress who took tunity for the people of Guam to have myself am very sympathetic with first crack at the return of excess the time to come to Guam and also many illegal immigrants who come to lands. took the time to recognize the work in this country, because they usually In addition, another provision we come as people who are in economi- this process and the fulfillment of a would like to put in an omnibus bill, a cally destitute situations, who are sim- long-time commitment by the gen- bill to correct many of these inequities ply trying to find a new way of life, tleman from Alaska (Mr. YOUNG) to go which the people of Guam experience, trying to find a way to economically out to Guam and personally listen to we would like to put in a requirement improve themselves. If they find a way the problems. in which the Department of Interior to cross the border to our southwest b 1545 will make a report and provide statis- and they find a way to get a job, even- tical information and monitor the flow I am also pleased to note that the tually, many of them, if they find a of migrants from the Freely Associated gentleman from Alaska (Mr. DON way to live through all of that, become States. And that, moreover, in fulfill- YOUNG), the chairman of the Commit- quite successful in living inside the tee on Resources, has agreed to try to ing this requirement, they make an es- timate about the costs that are in- United States. work with me on some legislation, a Now, I am not advocating illegal im- volved in terms of providing these mi- kind of an omnibus bill for Guam. migration, but that is what we nor- grants who come to Guam, and who In that omnibus bill there are some mally think of as the kind of illegal come to other places inside the United provisions that we would like to put in. immigration. One is to correct an anomaly in States, the cost of taking care of their The kind of illegal immigration that social needs and their educational Guam’s Supreme Court. Because the is occurring in Guam from China is needs. territories are governed by an organic very different. This is part of a well-or- The other item which I would like to act, or an organizing act, this is the talk about and take some time on is chestrated, highly-organized criminal basic law that governs the government about the rash of illegal immigration network operating inside Fujian Prov- of Guam or the government of the Vir- which has come to Guam. Guam is ap- ince, inside China, in which the people gin Islands. proximately, if one were to take a will go out and buy a very decrepit These organic acts are passed by Con- flight direct to Hong Kong, is approxi- fishing boat that will barely survive an gress. They are not passed by the peo- mately 4 flying hours to Hong Kong, extended journey, which takes any- ple in those territories. And so if we but that represents a great expanse of where between 18 to 22 sailing days to want to seek a change to them, we ocean. get to Guam. They will load these peo- have to come to Congress to make Last year in particular, and this year ple up, take them off to a point off of those changes. already, Guam has experienced a surge Guam, and then, through some coordi- Guam was allowed to have its own in Chinese illegal immigration. As a re- nation with people onshore, they will Supreme Court, but because of the way sult, ironically, of some liberalization ferry them in by smaller boats and it was worded, it ends up that a lower in internal policies inside China as well then, hopefully, once they get caught, court, the Superior Court, actually has as the economic problems they are ex- and almost all of them do get caught, control over the court system. This is periencing and a very skillfully orga- they will claim political asylum. Then a good-sense measure. It violates most nized crime syndicate inside China, the process of adjudicating these asy- of the ways that the States and other there has been a rash of Chinese illegal lum requests ensures that, by and territories run their court systems. If immigrants coming into Guam. large, most of them will stay on. my colleagues can imagine that a dis- The rundown of events is shocking to These people who are coming to trict court or one of the Federal circuit a place that has only 150,000 people. Guam’s shores in this way are respon- courts would have more control over Last year, we estimated that about 700 sible for coughing up anywhere be- the court system than the U.S. Su- illegal Chinese immigrants found their tween $8,000 and $10,000 each. If they preme Court, that is the situation we way to Guam, and this year the Coast are taken all the way to North Amer- have on Guam, and we can correct that Guard estimates that anywhere be- ica, they are responsible for coming up with a change in the organic act. tween 1,200 and 1,700 will find their way with about $35,000 each. A boatload, a Also in a proposed omnibus bill we to Guam in 1999. decrepit fishing boat that can take and want to put the government of Guam, Last year, on May 11, 10 Chinese move them from the coast of China il- the people of Guam, at the head of the illegals were dropped off at Ylig Bay. legally. H1008 CONGRESSIONAL RECORD — HOUSE March 4, 1999 The People’s Republic of China is not of political asylum to advance a crimi- again so that this legislation which I encouraging this. They are a little em- nal agenda. The only people who make have proposed not be misunderstood. barrassed by it, frankly, but this is the money off of this enterprise are not There is a minimum threshold which is work of criminal organizations. even the individual illegal immigrants internationally recognized, how na- They will take that boat and move themselves but rather the criminals tions are supposed to deal with people them to Guam. But they barely get to who organize this network. who make political asylum claims. The Guam or they barely get near the coast If they can get a decrepit fishing boat United States in its wisdom has a more of Guam, and they are usually diseased for $100,000 and charge this human generous threshold on that. And so by that time or diseased to begin with. cargo of misery and get them to Guam, when INS officers are confronted with Many of them are beaten. Many of they can make $5 million on that as this claim, they have limited move- them are living in holds that are meant they go through that process. And the ment, limited freedom of action in for catching tuna, and so they live in inducement to that, the incentive to order to deal with it. In our case, be- some shocking conditions. that, the conduit for that is basically cause these illegal immigrants are ba- I got a complete briefing on this by existing immigration and naturaliza- sically part of a network of criminal the U.S. Coast Guard, and it is a scan- tion, the existing INA Act as applied activities, they are all men in their 20s, dal as to how these people are being on Guam. they are carefully selected because treated. Now, the reason, going back to these men will work for many, many Most of them are men in their 20s. Guam’s status as an unincorporated years and will continue to pump money And the reason why most of them are territory, that we can make a change back into the crime syndicate which men in their 20s is because they really in the law which gives INS officers this brought them over, it is important do become indentured servants once kind of flexibility on Guam but not that we remove that incentive for the they get in the United States because that kind of flexibility in other areas, time being in order to deal with this they have to pay off an enormous debt. is because Guam is not part of the and to end this problem. I would add that this is a growing problem not only So this is a planned criminal activity United States for all purposes. So try- in Guam although Guam is the first which preys upon human hope and ing to utilize that flexibility in order part but even as far away as the Virgin practices human misery. to deal with an immediate situation is Islands, there are incidents once in a And then, at the other end of it, once something that I think is widely sup- they get in the United States, there is while in which there are people being ported on Guam and certainly widely smuggled in from China by criminal or- planned indentured servitude which supported even by the law enforcement goes on for year after year after year. ganizations. This is a widespread prob- agents that are working on this. lem. In our case I think it makes sense So this whole stream of criminal activ- It is important to understand that to try to deal with it in the way that ity that affects my constituency on sometimes many of us do not think of I have just outlined. Guam is part of a planned criminal net- the U.S. Coast Guard as particularly Lastly, I would like to address a work. hazardous duty, but the Coast Guard problem very briefly which affects ev- In order to deal with it, I have intro- has to interdict these vessels and they eryone, and, that is, the Y2K problem. duced legislation which will take are facing some very rough situations. I think our contemporary world is ever Guam out of the INA, the Immigration b 1600 more dependent on computers to assist and Naturalization Act, for purposes of with and manage our daily lives. From easy political asylum. Now, what that They are dealing with some criminal organizations and people who are very the ATM machine to the desktop PC, means is that if, for example, the Chi- to the pacemaker, to air traffic control desperate and there has been some very nese illegal immigrants come to Guam systems, computers and their myriad serious, violent incidents at sea as a re- and they are caught, and invariably all of programs all work in concert to sult of this. I want to publicly ac- of them will be caught in one way or make our lives better and more produc- knowledge the work of the Coast Guard another, because Guam is not a very tive. On my home island of Guam, com- and also call on the Coast Guard to de- large place. And if an individual is Chi- puters have improved mass commu- vote more resources to the Pacific area nese and does not speak much English, nication with the U.S. mainland and in order to deal with this. As part of a someone will notice. When they are overseas areas in all facets of life, law, package which I am not sure of its cur- caught, they are then instructed to business, government, commerce, mili- rent status here in the House but there claim some kind of asylum. Under ex- tary, trade, transportation and perhaps isting INA laws, the immigration offi- is an emergency package, the Central most important for us, staying in cers are very limited in their flexibil- American and Caribbean Relief Act touch with our families wherever they ity to deal with that. which is supposed to be marked up may be throughout the world. Because I am not proposing that we eliminate today, I am not sure that it was, but in our lives on Guam are so intertwined political asylum all together, because that they are hoping to give some with computers, the year 2000 or the there is a minimum standard which we money to INS in order to deal with the Y2K problem may pose quite a crip- must adhere to as a country no matter immigrant situation which occurred as pling problem to many communities. I where political asylees come from. And a result of Hurricane Mitch in Central want to point out that the year 2000 there may be, in the future, legitimate America. A little part of that funding will first be experienced on Guam, 15 claims for political asylum. But what is going to go to deal with the Guam hours before it will be experienced we have to do is pass a law which gives situation and so I am hopeful that that here. So if we are going to get some the INS officers the flexibility to say, package passes here in the House and computer glitches, we are going to feel no, this individual is part of a criminal eventually in the other body. What INS them in Guam right away. process trading in human misery, and has done on Guam is with one group of The Y2K problem was created by a what we are going to do is we are going 80 Chinese illegal immigrants found in programming oversight. As a result of to detain this individual until we find a Guam in January, is because INS had an archaic, two-digit dating system in way to get them back to China. no more funds to adjudicate them, to computer software and hardware, vital And if we do that, even if we are al- prosecute them, no more funds to de- systems may be knocked off-line on lowed to do that with one boatload, tain them, they decided to turn them January 1, 2000, creating cyber-havoc then that will be enough deterrence for loose on Guam. Many of these people for many. This concern has led the the people who are making money off have hepatitis, many of these people General Accounting Office to elect the of this human misery to know that suffer from tuberculosis and almost all Y2K problem to the top of the ‘‘high that route for them is closed. of them test positive for tuberculosis, risk’’ list for every Federal agency. It is a very sad commentary on what so all of them have had contact with There exists a Congressional Re- goes on in that part of the world, but it TB. Because of our concern on Guam, search Service report, requested at the is important to understand that the the government of Guam has willingly behest of Senator DANIEL PATRICK loophole that we are trying to close is taken up the cause for detaining them. MOYNIHAN over 3 years ago, dealing not borne out of an opposition to polit- That is our situation with the illegal with the implications of the Y2K prob- ical asylum. Rather it is the utilization immigrant problem. I want to stress lem. The report states, among other March 4, 1999 CONGRESSIONAL RECORD — HOUSE H1009 things, that the year 2000 problem is a be excluded from this important pro- Dr. Jill Shapiro, Ph.D. of Tiburon, CA. serious problem and the cost of rectify- gram, an apparent and accidental over- Yours Very Truly, ing it will indeed be rather high. sight of the Senate version. I will not RICHARD A. GEPHARDT. Now, the Federal Government, and tell my colleagues how many over- f we have heard about this and read sights we have experienced similar to RESIGNATION AS MEMBER OF about it almost on a daily basis, has those, but certainly those of us from COMMITTEE ON GOVERNMENT become rather proficient in getting its the territories are always cognizant of REFORM agencies and its departments to com- the fact that many legislative items do ply with the inevitable reprogramming not address our needs until we take The SPEAKER pro tempore laid be- that is required to fix this bug. But not specific action to take care of that. I fore the House the following resigna- without some effort. Both the Senate urge all of my colleagues to support tion as a member of the Committee on and the House have truly taken the this bipartisan and fiscally responsible Government Reform: lead on this pressing issue. Under the and necessary legislation. I would like HOUSE OF REPRESENTATIVES, gentle prodding of Senators MOYNIHAN, to thank the gentlewoman from the Washington, DC, March 3, 1999. BENNETT and DODD as well as the gen- Virgin Islands (Mrs. CHRISTIAN- Hon. J. DENNIS HASTERT, Speaker, House of Representatives, tleman from California (Mr. HORN), the CHRISTENSEN), the gentlewoman from Washington, DC. President appointed a Y2K Council to the District of Columbia (Ms. NORTON), DEAR MR. SPEAKER: As you may know, I get the government, the U.S. Govern- the gentleman from Puerto Rico (Mr. have been appointed to serve on the Perma- ment, the Federal Government, focused ROMERO-BARCELO´ ) and the gentleman nent Select Committee on Intelligence by on this issue. They have done well from American Samoa (Mr. Minority Leader Richard A. Gephardt of Mis- enough that many citizens do not fear FALEOMAVAEGA) for lending their sup- souri. the end of the year despite the rhetoric port as the representatives from non- I respectfully request a leave of absence of many doomsayers. That said, to par- State areas of the United States. Fi- from the Committee on Government Reform aphrase Robert frost, we have many nally, I want to especially thank the and Oversight for the duration of my service on the Permanent Select Committee on In- gentleman from California (Mr. HORN) miles yet to go before we sleep. telligence. In accordance with the rules of Up until today, States, territories and Senators MOYNIHAN, BENNETT and the Democratic Caucus, I will retain my se- and local authorities have been left to DODD for taking the lead on educating niority on the Committee on Government their own devices in terms of fixing the all Americans on the Y2K problem as Reform and Oversight during this period. year 2000 problem. While most of the well as legislating wise solutions to Sincerely, Federal Government’s critical services ameliorate its potentially harmful ef- GARY A. CONDIT, may be Y2K compliant by January 1, fects. This is good legislation. I think Member of Congress. 2000, many of the States and local ju- it deserves careful scrutiny in order to The SPEAKER pro tempore. Without risdictions will not be. This includes assist local governments that deal pri- objection, the resignation is accepted. Guam and other territories. In Guam, marily with Federal programs to make There was no objection. for example, the local Office of the sure that there are no glitches in the f Public Auditor recently released a system as we celebrate the end of 1999. LEAVE OF ABSENCE study outlining the territorial Y2K Again I want to reiterate, I want to problem. While some of the govern- express my personal gratitude to the By unanimous consent, leave of ab- ment of Guam’s departments are Y2K gentleman from Alaska (Mr. YOUNG) sence was granted to: compliant ahead of schedule, many are and all the Members of Congress who Mrs. CHENOWETH (at the request of not. Guam’s Department of Public went on the congressional delegation Mr. ARMEY), for today, on account of Works and Department of Public to the Pacific areas to try to deal with illness. Health and Social Services, both life- some of the problems, to understand f blood agencies for both Guam’s public some of the problems experienced by SPECIAL ORDERS GRANTED infrastructure and poor and handi- Guam, the Northern Marianas, Amer- capped, do not have enough money or ican Samoa, and the Republic of the By unanimous consent, permission to are behind in scheduling and perform- Marshalls, which was kind of a State address the House, following the legis- ing Y2K conversions. The story is the visit. These islands represent a mar- lative program and any special orders same throughout the country in many velous part of the world, a part of the heretofore entered, was granted to: cities, counties, towns and territories: world that is frequently romanticized (The following Members (at the re- time is running out or the money has and sometimes misunderstood. These quest of Mr. PASTOR) to revise and ex- already run out. are real people with real-life stories tend their remarks and include extra- The bill which I have introduced and compelling stories to tell. All of neous material:) today will establish a program that them have made an enormous contribu- Ms. NORTON, for 5 minutes, today. will allow States and territories to tion to the United States in one way or Ms. JACKSON-LEE of Texas, for 5 min- apply for funding to initiate Y2K con- another and are deserving of the re- utes, today. spect and dignity of human beings and versions of State computer systems Mr. MCGOVERN, for 5 minutes, today. U.S. citizens everywhere. which distribute Federal money for Mr. LEWIS of Georgia, for 5 minutes, vital welfare programs such as Medic- f today. aid, food stamps, supplemental nutri- COMMUNICATION FROM THE HON- Mr. SANDERS, for 5 minutes, today. tion program for women, infants and ORABLE RICHARD A. GEPHARDT, (The following Members (at the re- children, better known as WIC; child DEMOCRATIC LEADER quest of Mr. HAYES) to revise and ex- tend their remarks and include extra- support enforcement, child care and The Speaker pro tempore (Mr. WAL- neous material:) child welfare, and Temporary Assist- DEN of Oregon) laid before the House ance for Needy Families, better known the following communication from the Mr. SHIMKUS, for 5 minutes, today. as TANF. Through the application of Honorable RICHARD A. GEPHARDT, Mr. GUTKNECHT, for 5 minutes, today. Y2K technical assistance funds for Democratic Leader: Mr. ENGLISH, for 5 minutes, today. Mr. NETHERCUTT, for 5 minutes, these programs, we can ensure that the HOUSE OF REPRESENTATIVES, lifeblood of many of the poorest Ameri- OFFICE OF THE DEMOCRATIC LEADER, today. cans will not be disrupted by the turn Washington, DC, March 4, 1999. Mr. SCHAFFER, for 5 minutes, today. of the calendar. Hon. J. DENNIS HASTERT, Mr. GILMAN, for 5 minutes, today. This vital legislation, which I have Speaker of the House, House of Representatives, f introduced today, is the House compan- Washington, DC. ion bill to the Moynihan-Bennett-Dodd DEAR MR. SPEAKER: Pursuant to section ADJOURNMENT 5(a) of Public Law 105–255, I hereby appoint bill, S. 174 as introduced in the Senate. the following individual to the Commission Mr. UNDERWOOD. Mr. Speaker, I We have modified the original Senate on the Advancement of Women and Minori- move that the House do now adjourn. vehicle to ensure that the territories ties in Science, Engineering, and Technology The motion was agreed to; accord- and the District of Columbia will not Development: ingly (at 4 o’clock and 12 minutes H1010 CONGRESSIONAL RECORD — HOUSE March 4, 1999 p.m.), under its previous order, the the Department’s final rule—Airworthiness the Department’s final rule—Airworthiness House adjourned until Monday, March Directives; Pratt & Whitney JT9D Series Directives; Bell Helicopter Textron, Inc. 8, 1999, at 2 p.m. Turbofan Engines [Docket No. 98–ANE–28– Model 214ST Helicopters [Docket No. 98–SW– AD; Amendment 39–11029 AD 99–04–05] (RIN: 27–AD; Amendment 39–11037; AD 99–04–13] f 2120–AA64) received February 22, 1999, pursu- (RIN: 2120–AA64) received February 22, 1999, EXECUTIVE COMMUNICATIONS, ant to 5 U.S.C. 801(a)(1)(A); to the Committee pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ETC. on Transportation and Infrastructure. mittee on Transportation and Infrastruc- 895. A letter from the General Counsel, De- ture. Under clause 8 of rule XII, executive partment of Transportation, transmitting 905. A letter from the General Counsel, De- communications were taken from the the Department’s final rule—Amendment of partment of Transportation, transmitting Speaker’s table and referred as follows: Class E Airspace; Griffin, GA [Airspace the Department’s final rule—Airworthiness 885. A communication from the President Docket No. 98–ASO–26] received February 22, Directives; Agusta S.p.A. Model A109K2 Heli- of the United States, transmitting a request 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the copters [Docket No. 97–SW–57–AD; Amend- to make available previously appropriated Committee on Transportation and Infra- ment 39–11045; AD 99–04–20] (RIN: 2120–AA64) contingent emergency funds for the Depart- structure. received February 22, 1999, pursuant to 5 896. A letter from the General Counsel, De- ment of Energy; (H. Doc. No. 106–35); to the U.S.C. 801(a)(1)(A); to the Committee on partment of Transportation, transmitting Committee on Appropriations and ordered to Transportation and Infrastructure. the Department’s final rule—Amendment to 906. A letter from the General Counsel, De- be printed. Class E Airspace; Burlington, KS [Airspace partment of Transportation, transmitting 886. A letter from the General Counsel, De- Docket No. 98–ACE–45] received February 22, the Department’s final rule—Removal of partment of Transportation, transmitting 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Class E Airspace; Anaconda, MT [Airspace the Department’s final rule—Uniform Cri- Committee on Transportation and Infra- Docket No. 98–ANM–16] received February 22, teria for State Observational Surveys of Seat structure. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Belt Use [Docket No. NHTSA–98–4280] (RIN: 897. A letter from the General Counsel, De- Committee on Transportation and Infra- 2127–AH46) received February 22, 1999, pursu- partment of Transportation, transmitting structure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Department’s final rule—Amendment to 907. A letter from the General Counsel, De- on Commerce. Class D and Class E Airspace; St. Joseph, MO partment of Transportation, transmitting 887. A communication from the President [Airspace Docket No. 98–ACE–49] received the Department’s final rule—Airworthiness of the United States, transmitting a report February 22, 1999, pursuant to 5 U.S.C. Directives; Sikorsky Aircraft Corporation on the status of efforts to obtain Iraq’s com- 801(a)(1)(A); to the Committee on Transpor- Model S–76C Helicopters [Docket No. 98–SW– pliance with the resolutions adopted by the tation and Infrastructure. 81–AD; Amendment 39–11040; AD 99–01–09] U.N. Security Council, pursuant to Public 898. A letter from the General Counsel, De- (RIN: 2120–AA64) received February 22, 1999, Law 102–1, section 3 (105 Stat. 4); (H. Doc. No. partment of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 106–34); to the Committee on International the Department’s final rule—Airworthiness mittee on Transportation and Infrastruc- Relations and ordered to be printed. Directives; Saab Model SAAB SF340A and ture. 888. A communication from the President SAAB 340B Series Airplanes [Docket No. 98– 908. A letter from the General Counsel, De- of the United States, transmitting a report NM–373–AD; Amendment 39–11031; AD 99–04– partment of Transportation, transmitting on progress toward a negotiated settlement 07] (RIN: 2120–AA64) received February 22, the Department’s final rule—Airworthiness of the Cyprus question covering the period 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Directives; Schweizer Aircraft Corporation October 1 to November 30, 1998, pursuant to Committee on Transportation and Infra- Model 269C–1 Helicopters [Docket No. 98–SW– 22 U.S.C. 2373(c); to the Committee on Inter- structure. 39–AD; Amendment 39–11038; AD 99–04–14] re- national Relations. 899. A letter from the General Counsel, De- ceived February 22, 1999, pursuant to 5 U.S.C. 889. A letter from the Comptroller General partment of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- of the United States, transmitting a copy of the Department’s final rule—Standard In- tation and Infrastructure. his report for FY 1998 on each instance a fed- strument Approach Procedures; Miscellane- 909. A letter from the General Counsel, De- eral agency did not fully implement rec- ous Amendments [Docket No. 29463; Amdt. partment of Transportation, transmitting ommendations made by the GAO in connec- No. 1914] (RIN: 2120–AA65) received February the Department’s final rule—Airworthiness tion with a bid protest decided during the 22, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to Directives; McDonnell Douglas Helicopter fiscal year, pursuant to 31 U.S.C. 3554(e)(2); the Committee on Transportation and Infra- Systems Model 369D, 369E, 369FF, 369H, to the Committee on Government Reform. structure. MD500N, and MD600N Helicopters [Docket 890. A letter from the Comptroller General 900. A letter from the General Counsel, De- No. 97–SW–61–AD; Amendment 39–11036; AD of the United States, transmitting a report partment of Transportation, transmitting 99–04–12] (RIN: 2120–AA64) received February on General Accounting Office employees de- the Department’s final rule—Standard In- 22, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to tailed to congressional committees as of strument Approach Procedures; Miscellane- the Committee on Transportation and Infra- January 22, 1999; to the Committee on Gov- ous Amendments [Docket No. 29464; Amdt. structure. ernment Reform. No. 1915] (RIN: 2120–AA65) received February 910. A letter from the General Counsel, De- 891. A letter from the Director, Federal 22, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to partment of Transportation, transmitting Emergency Management Agency, transmit- the Committee on Transportation and Infra- the Department’s final rule—Amendment to ting notification that funding under title V structure. Class E Airspace; Mexico, MO [Airspace of the Stafford Act, as amended, will exceed 901. A letter from the General Counsel, De- Docket No. 99–ACE–4] received February 22, $5 million for the response to the emergency partment of Transportation, transmitting 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the declared on September 28, 1998 as a result of the Department’s final rule—Standard In- Committee on Transportation and Infra- Hurricane Georges, pursuant to 42 U.S.C. strument Approach Procedures; Miscellane- structure. 5193; to the Committee on Transportation ous Amendments [Docket No. 29465; Amdt. 911. A letter from the Assistant Secretary and Infrastructure. No. 1916] (RIN: 2120–AA65) received February for Legislative Affairs, Department of State, 892. A letter from the General Counsel, De- 22, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to transmitting a letter regarding funding the partment of Transportation, transmitting the Committee on Transportation and Infra- Executive Branch intends to make available the Department’s final rule—Airworthiness structure. from funding levels established in the For- Directives; Transport Category Airplanes 902. A letter from the General Counsel, De- eign Operations, Export Financing, and Re- Equipped with Day-Ray Products, Inc., Fluo- partment of Transportation, transmitting lated Programs Appropriations Act, 1999; rescent Light Ballasts [Docket No. 96–NM– the Department’s final rule—Revocation and jointly to the Committees on International 163–AD; Amendment 39–11034; AD 99–04–10] Establishment of Restricted Areas; NV [Air- Relations and Appropriations. (RIN: 2120–AA64) received February 22, 1999, space Docket No. 98–AWP–27] (RIN: 2120– f pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- AA66) received February 22, 1999, pursuant to mittee on Transportation and Infrastruc- 5 U.S.C. 801(a)(1)(A); to the Committee on REPORTS OF COMMITTEES ON ture. Transportation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS 893. A letter from the General Counsel, De- 903. A letter from the General Counsel, De- Under clause 2 of rule XIII, reports of partment of Transportation, transmitting partment of Transportation, transmitting committees were delivered to the Clerk the Department’s final rule—Airworthiness the Department’s final rule—Airworthiness Directives; International Aero Engines AG Directives; Boeing Model 727, 727–100, 727–200, for printing and reference to the proper (IAE) V2500–A5/–D5 Series Turbofan Engines 727C, 727–100C, and 727–200F Series Airplanes calendar, as follows: [Docket No. 98–ANE–08–AD; Amendment 39– [Docket No. 99–NM–16–AD; Amendment 39– Mr. SHUSTER: Committee on Transpor- 11027; AD 99–04–03] (RIN: 2120–AA64) received 11047; AD 99–04–22] (RIN: 2120–AA64) received tation and Infrastructure. H.R. 819. A bill to February 22, 1999, pursuant to 5 U.S.C. February 22, 1999, pursuant to 5 U.S.C. authorize appropriations for the Federal 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- Maritime Commission for fiscal years 2000 tation and Infrastructure. tation and Infrastructure. and 2001 (Rept. 106–42). Referred to the Com- 894. A letter from the General Counsel, De- 904. A letter from the General Counsel, De- mittee of the Whole House on the State of partment of Transportation, transmitting partment of Transportation, transmitting the Union. March 4, 1999 CONGRESSIONAL RECORD — HOUSE H1011 PUBLIC BILLS AND RESOLUTIONS By Mr. FORBES: Mr. HILLEARY, Mr. FLETCHER, Mr. H.R. 977. A bill to amend the Internal Rev- EVERETT, Mr. TANCREDO, Mr. SALM- Under clause 2 of rule XII, public enue Code of 1986 to establish, and provide a ON, Mr. FORBES, and Mr. MCCOLLUM): bills and resolutions were introduced checkoff for, a Biomedical Research Fund, H.R. 982. A bill to prohibit the expenditure and severally referred, as follows: and for other purposes; to the Committee on of Federal funds for the distribution of nee- By Mr. GILMAN (for himself and Mr. Ways and Means, and in addition to the Com- dles or syringes for the hypodermic injection GEJDENSON): mittee on Commerce, for a period to be sub- of illegal drugs; to the Committee on Com- H.R. 973. A bill to modify authorities with sequently determined by the Speaker, in merce. respect to the provision of security assist- each case for consideration of such provi- By Mr. BALDACCI (for himself, Ms. ance under the Foreign Assistance Act of sions as fall within the jurisdiction of the DELAURO, Mr. ENGLISH, Mr. ROTH- 1961 and the Arms Export Control Act, and committee concerned. MAN, Mrs. LOWEY, Mr. GEJDENSON, for other purposes; to the Committee on By Mr. ANDREWS: Mr. ALLEN, and Mr. DOYLE): H.R. 978. A bill to amend the National International Relations. H.R. 983. A bill to amend the Federal Meat Labor Relations Act to ensure that certain By Mr. DAVIS of Virginia (for himself, Inspection Act and the Poultry Products In- orders of the National Labor Relations Board Ms. NORTON, Mrs. MORELLA, Mr. spection Act to provide for improved public are enforced to protect the rights of employ- HOYER, Mr. WYNN, Mr. HORN, Mr. health and food safety through enhanced en- ees; to the Committee on Education and the CUNNINGHAM, Mr. EHRLICH, and Mr. forcement; to the Committee on Agriculture. Workforce. MORAN of Virginia): By Mr. CRANE (for himself, Mr. KOLBE, By Mr. STRICKLAND (for himself, Mr. H.R. 974. A bill to establish a program to Mr. RANGEL, and Mr. MATSUI): KING of New York, Mr. SWEENEY, Mr. afford high school graduates from the Dis- H.R. 984. A bill to provide additional trade HOLDEN, Ms. SCHAKOWSKY, Mr. GREEN trict of Columbia the benefits of in-State benefits to certain beneficiary countries in of Texas, Mrs. MALONEY of New York, tuition at State colleges and universities the Caribbean, to provide assistance to the Mr. WALSH, and Mr. COYNE): outside the District of Columbia, and for H.R. 979. A bill to ensure that services re- countries in Central America and the Carib- other purposes; to the Committee on Govern- lated to the operation of a correctional facil- bean affected by Hurricane Mitch and Hurri- ment Reform, and in addition to the Com- ity and the incarceration of inmates are not cane Georges, and for other purposes; to the mittee on Ways and Means, for a period to be provided by private contractors or vendors Committee on Ways and Means, and in addi- subsequently determined by the Speaker, in and that persons convicted of any offenses tion to the Committees on International Re- each case for consideration of such provi- against the United States shall be housed in lations, Banking and Financial Services, the sions as fall within the jurisdiction of the facilities managed and maintained by Fed- Judiciary, and Armed Services, for a period committee concerned. eral employees; to the Committee on the Ju- to be subsequently determined by the Speak- By Mr. VISCLOSKY (for himself, Mr. diciary. er, in each case for consideration of such pro- QUINN, Mr. TRAFICANT, Mr. NEY, Mr. By Mr. TALENT (for himself, Ms. visions as fall within the jurisdiction of the KUCINICH, Mr. ENGLISH, Mr. MURTHA, VELA´ ZQUEZ, Mr. ENGLISH, Mrs. THUR- committee concerned. Mr. ADERHOLT, Mr. KLINK, Mr. REG- MAN, Mr. PORTMAN, Mr. JEFFERSON, By Mr. GALLEGLY (for himself, Mr. ULA, Mr. DINGELL, Mr. WELLER, Mr. Mr. PACKARD, Mr. SHOWS, Mr. DOOLEY METCALF, Mr. ROHRABACHER, Mrs. GEPHARDT, Mr. GEKAS, Mr. BONIOR, of California, Mr. BACHUS, Mr. GON- TAUSCHER, Mr. HERGER, Mrs. THUR- Mr. STRICKLAND, Mr. GANSKE, Mr. ZALEZ, Mr. SESSIONS, Mr. WATTS of MAN, Mr. NETHERCUTT, Mr. TAYLOR of CARDIN, Mr. FRANKS of New Jersey, Oklahoma, Mr. WISE, Mr. BARTLETT Mississippi, Mr. FOLEY, Mr. OXLEY, Mr. COYNE, Mr. BERRY, Mr. PETERSON of Maryland, Mrs. MCCARTHY of New Mr. WALSH, Mr. ENGLISH, Mr. HOB- of Pennsylvania, Mr. OBERSTAR, Mr. York, Mrs. CAPPS, Ms. DUNN, Mr. SON, Ms. DANNER, Mr. BILBRAY, Mr. GOODLING, Ms. KAPTUR, Ms. MCCAR- HULSHOF, Mrs. MINK of Hawaii, Mr. CUNNINGHAM, Mr. MCKEON, Mr. SMITH THY of Missouri, Mr. GILLMOR, Mr. SALMON, Mr. GREEN of Texas, Mr. of Washington, Mr. BOYD, and Mr. WISE, Mr. EHRLICH, Mr. MOAKLEY, Mr. THUNE, Mr. SWEENEY, Mr. BRADY of SAXTON): MOLLOHAN, Mr. RAHALL, Mr. DOYLE, Pennsylvania, Ms. KILPATRICK, Mr. H.R. 985. A bill to amend title 49, United Mr. COSTELLO, Mr. CLYBURN, Mr. HILL of Montana, Mr. PEASE, Mrs. States Code, concerning the treatment of MATSUI, Mr. LIPINSKI, Mr. EVANS, Mr. KELLY, Mr. LOBIONDO, Mr. HEFLEY, certain aircraft as public aircraft; to the BLAGOJEVICH, Mr. SANDLIN, Mr. Mr. CHABOT, Mr. DAVIS of Illinois, Committee on Transportation and Infra- HOLDEN, Mr. ROEMER, Mr. PAYNE, Mr. Mr. ARMEY, Mr. FROST, Mr. DEMINT, structure. BISHOP, Mr. BRADY of Pennsylvania, Mr. MANZULLO, Mr. PITTS, Mr. By Mr. BARCIA (for himself, Mr. Ms. MILLENDER-MCDONALD, Mr. FORBES, Mr. PAUL, Mr. UDALL of New LAMPSON, Mr. ROYCE, Mrs. CLAYTON, PASCRELL, Mr. ANDREWS, Ms. PELOSI, Mexico, Mr. MCINNIS, Mrs. BONO, Mr. Mr. MCHUGH, Mr. REYES, Mr. TAYLOR Mr. SANDERS, Mr. HALL of Texas, Mr. GOODE, Ms. PRYCE of Ohio, Mr. of Mississippi, Mr. UNDERWOOD, Ms. RODRIGUEZ, Mr. STUPAK, Mr. CRAMER, MCINTOSH, Mrs. EMERSON, Mr. BARR KILPATRICK, Mr. PASCRELL, Mr. Mr. DEFAZIO, Mr. MEEKS of New of Georgia, Mr. STUMP, Mr. FOLEY, CRAMER, Mr. NEY, Mr. ROTHMAN, Mr. York, Mr. LARSON, Mr. BOUCHER, Mr. and Mrs. MYRICK): CLAY, Mrs. KELLY, Ms. STABENOW, BROWN of Ohio, Mr. MALONEY of Con- H.R. 980. A bill to amend the Internal Rev- Mr. PETERSON of Minnesota, Mr. GUT- necticut, Mr. OLVER, Mr. PALLONE, enue Code of 1986 to allow a deduction for 100 KNECHT, Mr. BRADY of Pennsylvania, Mr. HINCHEY, Ms. STABENOW, Mr. percent of the health insurance costs of self- Ms. ROS-LEHTINEN, Mr. PASTOR, Mrs. MASCARA, Mr. PASTOR, Mr. JACKSON employed individuals; to the Committee on JONES of Ohio, Mr. TURNER, Mr. COM- of Illinois, Mr. HILLIARD, Mr. KEN- Ways and Means. BEST, Mr. FOLEY, Ms. WOOLSEY, Mr. NEDY of Rhode Island, Ms. HOOLEY of By Mr. KOLBE (for himself, Mr. PAS- KNOLLENBERG, Mr. KUCINICH, Mr. LU- Oregon, Mr. BOSWELL, Mr. GEORGE TOR, Mr. HAYWORTH, Mr. STUMP, Mr. THER, Mr. MCGOVERN, Ms. LOFGREN, MILLER of California, Mr. DELAHUNT, SALMON, Mr. UDALL of Colorado, and Mr. KUYKENDALL, and Mr. SANDLIN): Ms. SCHAKOWSKY, Ms. DELAURO, Mr. Mr. UDALL of New Mexico): H.R. 986. A bill to authorize the President FILNER, Mrs. MINK of Hawaii, Mr. H.R. 981. A bill to redesignate the Coronado to award a gold medal on behalf of the Con- BRYANt, Mr. ABERCROMBIE, Mr. BUR- National Forest in honor of Morris K. Udall, gress to John Walsh in recognition of his TON of Indiana, Mr. MCNULTY, Mr. a former Member of the House of Representa- outstanding and enduring contributions to BORSKI, Mr. KLECZKA, Mr. FORBES, tives; to the Committee on Resources. American society in the fields of law en- Mr. SHERMAN, Mr. SAWYER, and Mr. By Mr. GOODLATTE (for himself, Mr. forcement and victims’ rights; to the Com- CANNON): GOODE, Mr. ARMEY, Mr. COX, Mr. mittee on Banking and Financial Services. H.R. 975. A bill to provide for a reduction BLUNT, Mr. TIAHRT, Mr. BARR of By Mr. BLUNT (for himself, Mr. in the volume of steel imports, and to estab- Georgia, Mr. COBURN, Mr. BARTON of BALLENGER, Mr. ARMEY, Mr. DELAY, lish a steel import notification and monitor- Texas, Mr. PICKERING, Mr. WHITFIELD, Mr. WATTS of Oklahoma, Mr. STEN- ing program; to the Committee on Ways and Mr. BRYANt, Mr. SHADEGG, Mr. MICA, HOLM, Mr. GOODE, Mr. PICKETT, Mr. Means. Mr. GOSS, Mr. ISTOOK, Mr. CALVERT, BONILLA, Mr. BOEHNER, Mr. By Mr. ABERCROMBIE (for himself Mr. BACHUS, Mr. FOSSELLA, Mr. CUNNINGHAM, Mr. BURR of North and Mrs. BONO): LARGENT, Mr. ENGLISH, Mr. LATHAM, Carolina, Mr. HEFLEY, Mr. MCINTOSH, H.R. 976. A bill to amend title XVIII of the Mr. HOSTETTLER, Mr. PAUL, Mr. Mr. PETERSON of Pennsylvania, Mr. Social Security Act to increase the amount BALLENGER, Mr. SESSIONS, Mr. DOO- HALL of Texas, Mr. SISISKY, Mr. TAN- of payment under the Medicare Program for LITTLE, Mr. PETERSON of Pennsyl- NER, Mr. JOHN, Mr. MARTINEZ, Mr. pap smear laboratory tests; to the Commit- vania, Mr. PACKARD, Mr. SCHAFFER, CLEMENT, and Mr. GOODLING): tee on Commerce, and in addition to the Mr. HERGER, Mr. HAYWORTH, Mr. H.R. 987. A bill to require the Secretary of Committee on Ways and Means, for a period CUNNINGHAM, Mr. FRANKS of New Jer- Labor to wait for completion of a National to be subsequently determined by the Speak- sey, Mr. JENKINS, Mr. KNOLLENBERG, Academy of Sciences study before promul- er, in each case for consideration of such pro- Mr. DICKEY, Mr. WELDON of Florida, gating a standard or guideline on visions as fall within the jurisdiction of the Mr. GREEN of Wisconsin, Mr. ergonomics; to the Committee on Education committee concerned. LOBIONDO, Mr. DEMINT, Mrs. MYRICK, and the Workforce. H1012 CONGRESSIONAL RECORD — HOUSE March 4, 1999

By Mr. BOSWELL: ERN, Ms. PELOSI, Mr. MORAN of Vir- general fund of the Treasury; to the Commit- H.R. 988. A bill to provide for a comprehen- ginia, Mr. TOWNS, Mr. WAXMAN, Mr. tee on Ways and Means. sive, coordinated effort to combat meth- FILNER, Mr. FROST, Mr. GREEN of By Mr. HUNTER (for himself, Mr. amphetamine abuse, and for other purposes; Texas, Mr. FORBES, Mr. LEWIS of STUMP, Mr. SKEEN, Mr. SCHAFFER, to the Committee on Commerce, and in addi- Georgia, Mr. GORDON, Mr. PAYNE, Mr. Mrs. BONO, Mr. METCALF, Mr. POMBO, tion to the Committee on the Judiciary, for HINCHEY, Mr. DELAHUNT, Mrs. Mr. PICKERING, Mr. CALVERT, Mr. a period to be subsequently determined by MALONEY of New York, Mr. SANDLIN, GARY MILLER of California, Mr. the Speaker, in each case for consideration Mr. LAMPSON, Mr. ACKERMAN, Mr. NETHERCUTT, Mr. PETERSON of Penn- of such provisions as fall within the jurisdic- MARTINEZ, Mr. PASTOR, Mr. ORTIZ, sylvania, Mr. SHOWS, Mr. ISTOOK, and tion of the committee concerned. Mr. NEAL of Massachusetts, Mrs. Mr. YOUNG of Alaska): By Mr. COBURN (for himself and Mr. CLAYTON, Mrs. MEEK of Florida, Mr. H.R. 1002. A bill to amend the Act popu- STRICKLAND): PALLONE, Mr. ROMERO-BARCELO, Mrs. larly known as the Declaration of Taking H.R. 989. A bill to amend the Public Health TAUSCHER, Mr. CROWLEY, Mr. CLEM- Act to require that all condemnations of Service Act, Employee Retirement Income ENT, Mr. SHOWS, Mr. KENNEDY of property by the Government proceed under Security Act of 1974, and titles XVIII and Rhode Island, Mr. BONIOR, Ms. that Act; to the Committee on the Judiciary. XIX of the Social Security Act to require MILLENDER-MCDONALD, Mr. CAPUANO, By Ms. KAPTUR: that group and individual health insurance Mr. EVANS, Mr. MEEHAN, Ms. KIL- H.R. 1003. A bill to amend the Public coverage and group health plans and man- PATRICK, Mr. OLVER, Mr. WEXLER, Mr. Health Service Act to revise the filing dead- aged care plans under the Medicare and Med- BROWN of California, Ms. NORTON, Mr. line for certain claims under the National icaid Programs provide coverage for hospital BAIRD, Mr. WATT of North Carolina, Vaccine Injury Compensation Program; to lengths of stay as determined by the attend- Mr. DOOLEY of California, Mr. INSLEE, the Committee on Commerce. ing health care provider in consultation with Ms. BROWN of Florida, Mrs. CAPPS, By Mr. MANZULLO (for himself, Mr. the patient; Mr. DAVIS of Florida, Mr. PHELPS, MATSUI, and Mr. CRANE): By Mr. BARTLETT of Maryland (for Mr. CONYERS, Mr. DINGELL, Mr. GON- H.R. 1004. A bill to amend the Internal Rev- himself, Mr. MARKEY, Mr. POMEROY, ZALEZ, Ms. BERKLEY, Mr. HILL of In- enue Code of 1986 to allow dentists and physi- Mr. DUNCAN, and Mr. MATSUI): diana, Mr. WEINER, Ms. EDDIE BER- cians to use the cash basis of accounting for H.R. 990. A bill to provide for investment NICE JOHNSON of Texas, Mrs. JONES of income tax purposes; to the Committee on in private sector securities markets of Ohio, Mr. WU, and Ms. BALDWIN): Ways and Means. amounts held in the Federal Old-Age and H.R. 996. A bill to amend the Internal Rev- By Mr. KING of New York (for himself, Survivors Insurance Trust Fund for payment enue Code of 1986 to provide a source of in- Mr. PAUL, Mr. ROYCE, Mr. HILLEARY, of benefits under title II of the Social Secu- terest-free capital, in addition to that rec- Mrs. KELLY, Mr. TAYLOR of North rity Act; to the Committee on Ways and ommended in the President’s budget pro- Carolina, Mr. WELDON of Florida, Mr. Means. posal, for the construction and renovation of LAHOOD, and Mrs. ROUKEMA): By Mr. COSTELLO (for himself, Mr. public schools in States experiencing large H.R. 1005. A bill to amend title 4, United OBERSTAR, Mr. NADLER, Mr. BENTSEN, increases in public school enrollment; to the States Code, to declare ENGLISH as the offi- Mr. FROST, Mr. MCGOVERN, Mr. FORD, Committee on Ways and Means. cial language of the Government of the Mrs. CHRISTENSEN, Mr. LIPINSKI, Ms. By Mr. GREENWOOD (for himself, Mr. United States, and for other purposes; SCHAKOWSKY, Mrs. MINK of Hawaii, ACKERMAN, Mr. BALDACCI, Mr. BOR- By Mr. MCCRERY (for himself, Mr. Mr. SANDLIN, Mr. MEEKS of New SKI, Mr. BOUCHER, Mr. COSTELLO, Mr. CARDIN, Mr. HOUGHTON, and Ms. York, Mr. LAFALCE, Mr. SANDERS, FROST, Mr. GREEN of Texas, Mr. HIN- DUNN): Mr. SHOWS, Mr. BALDACCI, Mr. CHEY, Ms. KILPATRICK, Mr. LAFALCE, H.R. 1006. A bill to amend title XVIII of the BLAGOJEVICH, Mr. HALL of Ohio, Mr. Mr. LOBIONDO, Mr. MCNULTY, Mr. Social Security Act to provide for a prospec- RUSH, Mr. BONIOR, Mr. GEORGE MIL- PAYNE, Ms. ROS-LEHTINEN, Mr. tive payment system for services furnished LER of California, Mr. KENNEDY of ROTHman, Mr. SHAYS, Mr. SHOWS, by psychiatric hospitals under the Medicare Rhode Island, Mr. LAHOOD, Mr. Mrs. TAUSCHER, and Ms. VELA´ ZQUEZ): Program; to the Committee on Ways and BARRett of Wisconsin, Mr. WYNN, Mr. H.R. 997. A bill to amend the Public Health Means. SABO, and Mr. KLECZKA): Service Act to provide for the expansion, in- By Mrs. MEEK of Florida: H.R. 991. A bill to amend the Public Health tensification, and coordination of the activi- H.R. 1007. A bill to adjust the immigration Service Act and other laws to apply the ties of the National Institutes of Health with status of certain Honduran nationals who are health insurance portability requirements respect to research on autism; to the Com- in the United States; to the Committee on applicable to group health plans to students mittee on Commerce. the Judiciary. covered under college-sponsored health By Mr. HAYES: By Mr. METCALF (for himself, Mr. plans; H.R. 998. A bill to amend the Internal Rev- STUMP, Mr. EVANS, Mr. STEARNS, Mr. By Mr. DOOLITTLE: enue Code of 1986 to provide an incentive for GUTIERREZ, Mr. QUINN, Mr. FILNER, H.R. 992. A bill to convey the Sly Park expanding employment in rural areas by al- and Ms. BROWN of Florida): Dam and Reservoir to the El Dorado Irriga- lowing employers the work opportunity cred- H.R. 1008. A bill to require that a portion of tion District, and for other purposes; to the it for hiring residents of rural areas; to the the amounts made available for housing pro- Committee on Resources. Committee on Ways and Means. grams for the homeless be used for activities By Mr. DUNCAN: By Mr. BILBRAY (for himself, Mr. designed to serve primarily homeless veter- H.R. 993. A bill to provide that of amounts FARR of California, Mr. GILCHREST, ans, and for other purposes; to the Commit- available to a designated agency for a fiscal Mrs. CAPPS, Mr. KUYKENDALL, and tee on Banking and Financial Services. year that are not obligated in the fiscal year, Mr. SAXTON): By Mr. MILLER of Florida: up to 50 percent may be used to pay bonuses H.R. 999. A bill to amend the Federal Water H.R. 1009. A bill to authorize the awarding to agency personnel and the remainder shall Pollution Control Act to improve the quality of grants to cities, counties, tribal organiza- be deposited into the general fund of the of coastal recreation waters, and for other tions, and certain other entities for the pur- Treasury and used exclusively for deficit re- purposes; to the Committee on Transpor- pose of improving public participation in the duction; to the Committee on Government tation and Infrastructure. 2000 decennial census; to the Committee on Reform. By Mr. SHUSTER (for himself, Mr. Government Reform. By Mr. EHLERS: DUNCAN, Mr. OBERSTAR, and Mr. LI- By Mr. MILLER of Florida: H.R. 994. A bill to amend the Internal Rev- PINSKI): H.R. 1010. A bill to improve participation enue Code of 1986 to provide that the per- H.R. 1000. A bill to amend title 49, United in the 2000 decennial census by increasing centage of completion method of accounting States Code, to reauthorize programs of the the amounts available to the Bureau of the shall not be required to be used with respect Federal Aviation Administration, and for Census for marketing, promotion, and out- to contracts for the manufacture of property other purposes; reach; to the Committee on Government Re- if no payments are required to be made be- By Mr. HULSHOF (for himself, Mr. form. fore the completion of the manufacture of JEFFERSON, Mr. MCCRERY, Mr. COL- By Mr. NEAL of Massachusetts (for such property; to the Committee on Ways LINS, Mr. CRANE, Mr. KLECZKA, Mr. himself, Mr. MOAKLEY, Mr. and Means. HERGER, Mrs. THURMAN, Mr. DELAHUNT, Mr. MEEHAN, Mr. MCGOV- By Mrs. EMERSON (for herself, Mr. RAMSTAD, Mr. NUSSLE, Mr. SAM JOHN- ERN, Mr. TIERNEY, and Mr. OLVER): BLUNT, Mr. HULSHOF, and Mr. TAL- SON of Texas, Ms. DUNN, Mr. ENGLISH, H.R. 1011. A bill to amend the Internal Rev- ENT): Mr. WATKINS, Mr. HAYWORTH, Mr. enue Code of 1986 to exclude from gross in- H.R. 995. A bill to provide a direct check WELLER, Mr. MCINNIS, Mr. FOLEY, Mr. come the value of certain real property tax for education; to the Committee on Edu- PETRI, Ms. GRANGER, Mr. BACHUS, Mr. reduction vouchers received by senior citi- cation and the Workforce. NEY, and Mr. TERRY): zens who provide volunteer services under a By Mr. ETHERIDGE (for himself, Mr. H.R. 1001. A bill to amend the Internal Rev- State program; to the Committee on Ways PRICE of North Carolina, Mr. RANGEL, enue Code of 1986 to repeal the 4.3-cent motor and Means. Mr. MCINTYRE, Mr. FRANK of Massa- fuel excise taxes on railroads and inland wa- By Mr. NORWOOD (for himself, Mr. chusetts, Ms. CARSON, Mr. MCGOV- terway transportation which remain in the GOODLING, Mr. BALLENGER, Mr. March 4, 1999 CONGRESSIONAL RECORD — HOUSE H1013

BOEHNER, Mr. CUNNINGHAM, Mr. DEAL By Ms. STABENOW (for herself, Mr. H.R. 3: Mr. TIAHRT and Mr. BURTON of Indi- of Georgia, Mr. GRAHAM, Mr. CAMP, Ms. KILPATRICK, Mr. GEJDEN- ana. HAYWORTH, Mr. HOEKSTRA, Mr. SON, and Mr. FALEOMAVAEGA): H.R. 5: Mr. LATOURETTE, Mr. NETHERCUTT, HILLEARY, Mr. ISTOOK, Mr. KOLBE, H.R. 1021. A bill to amend the Internal Rev- Mr. BALLENGER, Mr. HERGER, Mr. NUSSLE, Mr. MCCRERY, Mr. MCKEON, Mr. MIL- enue Code of 1986 to allow small employers a Mr. HAYWORTH, Mr. COLLINS, Mr. SCHAFFER, LER of Florida, Mrs. MYRICK, Mr. credit against income tax for costs incurred Mr. TANCREDO, Mr. FORBES, Mr. EHRLICH, Mr. PAUL, Mr. SCHAFFER, and Mr. TAL- in establishing a qualified employer plan; to FOSSELLA, and Mr. PETRI. ENT): the Committee on Ways and Means. H.R. 8: Mr. SHERWOOD, Mr. SHOWS, Mr. H.R. 1012. A bill to provide for the creation By Mr. UNDERWOOD (for himself, Mrs. SANDLIN, Mr. FORD, and Mr. SHUSTER. of an additional category of laborers or me- CHRISTENSEN, Ms. NORTON, Mr. RO- H.R. 19: Mr. LAHOOD. chanics known as helpers under the DAVIS MERO-BARCELO, and Mr. H.R. 70: Mrs. CLAYTON and Mr. BOEHLERT. Bacon Act; to the Committee on Education FALEOMAVAEGA): H.R. 72: Mr. LAHOOD, Mr. GALLEGLY, and and the Workforce. H.R. 1022. A bill to authorize the Secretary Mrs. MYRICK. By Mr. PETRI: of Commerce to make grants to States to H.R. 73: Mr. LINDER and Mr. GREENWOOD. H.R. 1013. A bill to require that employers correct Y2K problems in computers that are H.R. 111: Mr. ISAKSON, Mr. ABERCROMBIE, offering benefits to associates of its employ- used to administer State and local govern- Mr. FORBES, Mr. CAPUANO, Mr. BLAGOJEVICH, ees who are not spouses or dependents of the ment programs; to the Committee on Gov- and Mr. DEAL of Georgia. employees not discriminate on the basis of ernment Reform. H.R. 119: Mr. GOODLING. the nature of the relationship between the By Mr. PICKETT: H.R. 152: Mr. BEREUTER and Mr. HOUGHTON. employee and the designated associates; to H.J. Res. 36. A joint resolution proposing H.R. 163: Mr. DUNCAN, Mr. SANDLIN, Mr. the Committee on Education and the Work- an amendment to the Constitution of the ANDREWS, Mr. TOWNS, Mr. CUMMINGS, Mrs. force. United States to restrict annual deficits by EMERSON, Mr. HALL of Texas, and Mr. NEY. By Mr. PICKETT: limiting the public debt of the United States H.R. 208: Mr. PASTOR. H.R. 1014. A bill to amend the Internal Rev- and requiring a favorable vote of the people H.R. 222: Mr. NORWOOD. enue Code of 1986 to make permanent the ex- on any law to exceed such limits; to the H.R. 225: Mr. WHITFIELD, Mr. WEYGAND, Mr. clusion for employer-provided educational Committee on the Judiciary. CALVERT, Mr. HULSHOF, Mr. SUNUNU, Mrs. assistance; to the Committee on Ways and By Mr. PICKETT: TAUSCHER, Mr. KOLBE, Mr. SNYDER, Mr. Means. H. Con. Res. 41. Concurrent resolution to TERRY, Mr. GREEN of Wisconsin, Mrs. JOHN- By Ms. ROYBAL-ALLARD (for herself, express the sense of the Congress that the SON of Connecticut, Ms. PRYCE of Ohio, Mr. SENSENBRENNER, Mr. GRAHAM, Ms. SLAUGH- Mr. SHOWS, Ms. SCHAKOWSKY, Mr. Bureau of Labor Statistics should develop TER, and Ms. DUNN. FROST, Mr. FRANK of Massachusetts, and publish monthly a cost of living index; H.R. 226: Mr. GEJDENSON, Mr. MOORE, Mr. Mr. PASTOR, Mr. BROWN of California, to the Committee on Education and the NADLER, and Mr. GONZALEZ. Mr. WYNN, Ms. LEE, Mr. STARK, Mr. Workforce. H.R. 227: Mr. PETRI, Mr. SHAYS, Mr. MINGE, KLECZKA, and Mr. FILNER): By Mr. CONYERS (for himself, Mr. Mrs. MYRICK, Mr. ENGLISH, Mr. LANTOS, and H.R. 1015. A bill to amend the Fair Credit DELAHUNT, Mr. CLYBURN, Mr. DIXON, Mr. LUTHER. Reporting Act to allow any consumer to re- Ms. BROWN of Florida, Mrs. MEEK of H.R. 261: Mr. BLAGOJEVICH. ceive a free credit report annually from any Florida, Ms. PELOSI, Mr. OWENS, Ms. H.R. 353: Mr. CARDIN, Mrs. EMERSON, Mr. consumer reporting agency; to the Commit- WATERS, and Mr. PAYNE): LAMPSON, Mr. BARRETT of Wisconsin, Mr. tee on Banking and Financial Services. H. Res. 97. A resolution calling upon Hai- SMITH of New Jersey, Mr. FORD, Mr. By Mr. RYAN of Wisconsin: ti’s political leaders to seek agreement on FALEOMAVAEGA, and Mr. SANDLIN. H.R. 1016. A bill to amend the Balanced transparent, free, and widely participatory H.R. 357: Mr. OBERSTAR, Mr. ENGEL, Mr. Budget and Emergency Deficit Control Act elections, and for other purposes; to the THOMPSON of Mississippi, Mr. KILDEE, and of 1985 to allow the projected on-budget sur- Committee on International Relations. Mrs. CAPPS. plus for any fiscal year to be used for tax By Mr. RYAN of Wisconsin (for himself H.R. 363: Mr. SCARBOROUGH. cuts; to the Committee on the Budget. and Mr. SWEENEY): H. Res. 98. A resolution amending the H.R. 380: Mr. SHERWOOD, Mr. MASCARA, and By Mr. SCHAFFER: Rules of the House of Representatives to re- Mrs. LOWEY. H.R. 1017. A bill to provide for budgetary quire that concurrent resolutions on the H.R. 381: Mr. STARK and Mr. EHLERS. reform by requiring a balanced Federal budg- budget not carry an estimated deficit for the H.R. 392: Ms. SLAUGHTER, Mrs. TAUSCHER, et and the repayment of the national debt; budget year or for any outyear; to the Com- Mr. PHELPS, and Ms. WOOLSEY. By Mr. SHADEGG (for himself, Mr. mittee on Rules. H.R. 405: Mr. LOBIONDO. BLILEY, Mr. SALMON, Mr. SANFORD, H.R. 415: Mr. PASTOR. f Mr. ROYCE, Mr. BEREUTER, Mr. H.R. 449: Mr. KLINK. ENGLISH, Mr. TIAHRT, Mr. HAYWORTH, PRIVATE BILLS AND H.R. 455: Mr. LAMPSON, Ms. BROWN of Flor- Mr. KOLBE, Mr. COBURN, Mr. STUMP, RESOLUTIONS ida, Ms. PELOSI, Mr. OBERSTAR, and Mr. MEE- Mr. PAUL, Mr. NETHERCUTT, Mr. DUN- HAN. CAN, Mr. SCARBOROUGH, Mrs. MYRICK, Under clause 3 of rule XII, private H.R. 500: Mr. SMITH of Washington and Mr. Mrs. CUBIN, Mr. OXLEY, Mr. HOEK- bills and resolutions of the following STRICKLAND. STRA, Mr. SKEEN, Mr. METCALF, Mr. titles were introduced and severally re- H.R. 506: Mr. SERRANO. HOSTETTLER, Mr. BARTON of Texas, ferred, as follows: H.R. 537: Mr. GOSS. Mr. GOODLING, Mr. BURTON of Indi- By Mr. METCALF: H.R. 541: Mr. RANGEL, Mr. SANDLIN, and ana, Mr. WELDON of Florida, Mr. H.R. 1023. A bill for the relief of Richard W. Mr. CONYERS. RADANOVICH, Mr. STEARNS, Mr. ALEOMAVAEGA IN SCHAFFERt; to the Committee on the Judici- H.R. 544: Mr. F and Mr. H - TANCREDO, Mr. HEFLEY, Mr. CALVERT, ary. CHEY. Mr. DOOLITTLE, and Mr. FOLEY): By Mr. PORTER: H.R. 555: Mr. BONIOR, Mr. CUMMINGS, Mr. H.R. 1018. A bill to require Congress to H.R. 1024. A bill for the relief of Edwardo FILNER, Ms. BROWN of Florida, and Mrs. specify the source of authority under the REYES and Dianelita REYES; to the Commit- CHRISTIAN-CHRISTENSEN. United States Constitution for the enact- tee on the Judiciary. H.R. 561: Mr. HYDE. ment of laws, and for other purposes; to the By Mr. SUNUNU: H.R. 573: Mr. CASTLE, Mr. KILDEE, Mrs. Committee on the Judiciary. H.R. 1025. A bill to authorize the Secretary LOWEY, Mr. FALEOMAVAEGA, Mr. MALONEY of By Mr. SKEEN: of Transportation to issue a certificate of Connecticut, Ms. HOOLEY of Oregon, Mr. H.R. 1019. A bill to direct the Secretary of documentation with appropriate endorse- CAPUANO, Mr. OBERSTAR, Mr. PASTOR, Mr. the Interior to convey lands and interests ment for employment in the fisheries for UPTON, Ms. MCCARTHY of Missouri, Mr. LA- comprising the Carlsbad Irrigation Project each of 3 vessels; to the Committee on Trans- FALCE, and Mr. BUYER. to the Carlsbad Irrigation District, New Mex- portation and Infrastructure. H.R. 586: Mr. PAUL, Mr. DEAL of Georgia, ico; to the Committee on Resources. By Mr. WELDON of Pennsylvania: Mr. SANDLIN, and Mr. FALEOMAVAEGA. By Mr. SNYDER (for himself, Mr. H.R. 1026. A bill to provide for the reliqui- H.R. 590: Mrs. KELLY. EVANS, Mr. FILNER, Ms. CARSON, Mr. dation of certain entries of self-tapping H.R. 597: Mr. MCGOVERN, Mr. THOMPSON of MINGE, Ms. BROWN of Florida, Mr. screws; to the Committee on Ways and Mississippi, Mr. HASTINGS of Florida, Mr. ABERCROMBIE, Mr. SHOWS, Mr. Means. OWENS, Ms. EDDIE BERNICE JOHNSON of Texas, DICKEY, Mr. SMITH of New Jersey, Mr. BONIOR, Mr. FILNER, Ms. RIVERS, Mrs. f Mrs. MCCARTHY of New York, and Mr. THURMAN, Mr. SCOTT, Mr. FOLEY, Mrs. MEEK WELDON of Florida): ADDITIONAL SPONSORS TO PUBLIC of Florida, Mr. PAYNE, Ms. NAPOLITANO, Mrs. H.R. 1020. A bill to amend title 38, United BILLS AND RESOLUTIONS CAPPS, Mr. CUMMINGS, Mr. FALEOMAVAEGA, States Code, to establish a presumption of Mr. GEORGE MILLER of California, Mr. KOLBE, service connection for the occurrence of hep- Under clause 7 of rule XII, sponsors Mrs. MORELLA, and Mr. TOWNS. atitis C in certain veterans; to the Commit- were added to public bills and resolu- H.R. 599: Mr. CUMMINGS, Mr. FOLEY, and tee on Veterans’ Affairs. tions as follows: Ms. NORTON. H1014 CONGRESSIONAL RECORD — HOUSE March 4, 1999

H.R. 601: Mr. PICKETT. H.R. 872: Mrs. MCCARTHY of New York, Mr. education statutes afford flexibility to State H.R. 606: Mr. BILIRAKIS. FILNER, Mr. KUCINICH, and Ms. EDDIE BER- and local educational agencies in implement- H.R. 614: Mr. PAUL. NICE JOHNSON of Texas. ing Federal programs, certain requirements H.R. 621: Mr. BOUCHER. H.R. 876: Mr. FOLEY and Mrs. EMERSON. of Federal education statutes or regulations H.R. 625: Mr. STRICKLAND. H.R. 883: Mr. FORBES, Mr. PETERSON of may impede local efforts to reform and im- H.R. 639: Mr. ADERHOLT, Mr. LAHOOD, and Minnesota, Mr. COOK, Mr. STENHOLM, Mr. prove education. Mr. BARR of Georgia. SESSIONS, Mr. SMITH of New Jersey, and Mr. (3) By granting waivers of certain statu- H.R. 648: Mr. SHOWS and Mr. FORBES. COLLINS. tory and regulatory requirements, the Fed- H.R. 664: Mr. MCNULTY, Mr. GOODE, Ms. H.R. 894: Mr. GOODLING, Mr. CONDIT, and eral Government can remove impediments NORTON, Mr. DIXON, Mr. UNDERWOOD, Mr. Mr. SHOWS. for local educational agencies in implement- JOHN, and Mr. KILDEE. H.R. 901: Mrs. JOHNSON of Connecticut. ing educational reforms and raising the H.R. 679: Mr. FRANK of Massachusetts, Mr. H.R. 922: Mr. RILEY, Ms. GRANGER, Mr. achievement levels of all children. VENTO, Ms. WOOLSEY, Mr. OBERSTAR, Mr. NETHERCUTT, Mr. GRAHAM, Mr. SAXTON, Mr. (4) State educational agencies are closer to MINGE, and Ms. MCKINNEY. CHAMBLISS, and Mr. LAHOOD. local school systems, implement statewide H.R. 680: Mr. RAMSTAD, Mr. TAYLOR of Mis- H.R. 927: Mr. HERGER and Mr. PETRI. educational reforms with both Federal and sissippi, and Mr. SENSENBRENNER. H.J. Res. 9: Mr. MICA and Mr. PETERSON of State funds, and are responsible for main- H.R. 688: Mr. PAUL, Mr. KNOLLENBERG, Mr. Pennsylvania. taining accountability for local activities MCCOLLUM, Mr. LOBIONDO, Mr. RAHALL, Ms. H.J. Res. 22: Ms. STABENOW and Mr. consistent with State standards and assess- PRYCE of Ohio, Mr. HEFLEY, Mrs. EMERSON, BONIOR. ment systems. Therefore, State educational Mr. GOSS, Mr. WATTS of Oklahoma, Mr. H.J. Res. 25: Mr. LOBIONDO, Mr. FOSSELLA, agencies are often in the best position to HOSTETTLER, Mr. SCHAFFER, Mr. FOSSELLA, Mr. KING of New York, Mr. SCHAFFER, Mr. align waivers of Federal and State require- and Mr. NEY. METCALF, Mr. FROST, Mr. GUTIERREZ, Mr. ments with State and local initiatives. H.R. 691: Mr. GIBBONS. SPENCE, Mr. CALVERT, Ms. VELAZQUEZ, Mrs. (5) The Education Flexibility Partnership H.R. 693: Mr. MCINTOSH, Mr. HILL of Mon- MINK of Hawaii, Mr. DIAZ-BALART, Mr. Demonstration Act allows State educational tana, and Mrs. CUBIN. MOORE, Mr. DICKEY, Mr. ROYCE, Mr. MCHUGH, agencies the flexibility to waive certain Fed- H.R. 701: Mr. BURR of North Carolina, Mr. Mr. FORBES, Mr. UNDERWOOD, and Mr. eral requirements, along with related State CONDIT, Mr. ADERHOLT, Mr. HINOJOSA, Mr. BALDACCI. requirements, but allows only 12 States to HAYES, Mr. GORDON, Mr. BAUCUS, Mr. H. Con. Res. 5: Mr. BONIOR, Mr. HINCHEY, qualify for such waivers. CRAMER, Mr. DEAL of Georgia, and Mr. GON- Mr. BORSKI, Mr. WYNN, and Mr. LAMPSON. (6) Expansion of waiver authority will ZALEZ. H. Con. Res. 5: Ms. LOFGREN. allow for the waiver of statutory and regu- H.R. 710: Mr. STEARNS, Mr. ENGLISH, Mr. H. Con. Res. 23: Mr. PICKERING, Mr. JEN- latory requirements that impede implemen- PORTMAN, Mr. SANDLIN, Mr. GREEN of Texas, KINS, Mr. BACHUS, Mr. CAMPBELL, Mrs. MINK tation of State and local educational im- Mr. MINGE, Mr. SKEEN, Mr. PASTOR, Mr. of Hawaii, Mr. UNDERWOOD, Mr. STUMP, Mr. provement plans, or that unnecessarily bur- PRICE of North Carolina, Mr. BUYER, Mr. PE- FILNER, and Mr. GUTIERREZ. den program administration, while main- TERSON of Minnesota, Mr. HILL of Indiana, H. Con. Res. 24: Mr. CHABOT, Mrs. JOHNSON taining the intent and purposes of affected Mr. WHITFIELD, and Mr. PETERSON of Penn- of Connecticut, Mr. JONES of North Carolina, programs, such as the important focus on sylvania. Mr. SHERWOOD, Mr. THUNE, Mr. BOEHNER, improving math and science performance H.R. 716: Mr. MALONEY of Connecticut. Mrs. FOWLER, Mr. BALLENGER, Mr. KLECZKA, under title II of the Elementary and Second- H.R. 730: Mr. VISCLOSKY, Mr. STUPAK, and Mrs. NAPOLITANO, Mr. DICKS, Mr. RAMSTAD, ary Education Act of 1965, (Dwight D. Eisen- Mr. BERMAN. Mr. FARR of California, Mr. PASCRELL, and hower Professional Development Program), H.R. 739: Mr. UPTON, Mr. FROST, Mr. Mr. ROGERS. and maintaining such fundamental require- SHOWS, Mr. DOYLE, Mr. DEUTSCH, Mr. PAUL, H. Con. Res. 25: Mrs. NORTHUP. ments as those relating to civil rights, edu- and Mr. PETRI. H. Con. Res. 30: Mr. GIBBONS. cational equity, and accountability. H.R. 741: Mr. FORBES. H. Con. Res. 31: Mr. KING of New York, Mr. (7) To achieve the State goals for the edu- H.R. 750: Mr. LAMPSON, Mr. JEFFERSON, and GONZALEZ, and Mr. GIBBONS. cation of children in the State, the focus Mr. KIND of Wisconsin. H. Con. Res. 34: Ms. BROWN of Florida, Mr. must be on results in raising the achieve- H.R. 754: Mr. DOYLE, Mr. KILDEE, and Mrs. UNDERWOOD, Ms. PELOSI, and Mr. STRICK- ment of all students, not process. MYRICK. LAND. SEC. 3. DEFINITIONS. H.R. 763: Ms. BALDWIN. H. Res. 41: Mr. GALLEGLY, Mr. NEY, Mr. In this Act: H.R. 793: Mr. PETRI. WAXMAN, and Mrs. WILSON. (1) ATTENDANCE AREA.—The term ‘‘attend- H.R. 800: Mr. MCKEON, Mr. CLEMENT, Mr. H. Res. 89: Mrs. MORELLA, Mr. STEARNS, ance area’’ has the meaning given the term SHERMAN, Mrs. MYRICK, and Mr. PORTMAN. Mr. SHOWS, Mr. GREEN of Texas, Mrs. MCCAR- ‘‘school attendance area’’ in section H.R. 804: Mr. PAUL. THY of New York, and Mr. FROST. 1113(a)(2)(A) of the Elementary and Second- H.R. 808: Mr. FOLEY. f ary Education Act of 1965. H.R. 817: Mr. WHITFIELD, Mr. SHOWS, and (2) ED-FLEX PARTNERSHIP STATE.—The term Mr. LEACH. DELETIONS OF SPONSORS FROM ‘‘Ed-Flex Partnership State’’ means an eligi- H.R. 832: Mr. CAPUANO. PUBLIC BILLS AND RESOLUTIONS ble State designated by the Secretary under H.R. 833: Mr. BARTON of Texas, Mr. BUYER, Under clause 7 of rule XII, sponsors section 4(a)(1)(B). Mrs. CAPPS, Mr. EHRLICH, Mr. GRAHAM, Mr. were deleted from public bills and reso- (3) LOCAL EDUCATIONAL AGENCY; STATE EDU- HUNTER, Mr. SMITH of Michigan, Mr. STRICK- CATIONAL AGENCY.—The terms ‘‘local edu- LAND, Mr. SUNUNU, and Mr. TALENT. lutions as follows: cational agency’’ and ‘‘State educational H.R. 845: Mr. KLECZKA and Mr. GEORGE H.R. 863: Ms. WOOLSEY. agency’’ have the meaning given such terms MILLER of California. f in section 14101 of the Elementary and Sec- H.R. 851: Mr. SANDERS, Mr. EWING, Mr. BOU- ondary Education Act of 1965. CHER, Mr. TAYLOR of North Carolina, Mr. AMENDMENTS (4) SECRETARY.—The term ‘‘Secretary’’ GILMAN, Mr. DEFAZIO, Mr. BEREUTER, Mrs. Under clause 8 of rule XVIII, pro- means the Secretary of Education. WILSON, Mr. TURNER, Mrs. EMERSON, Mr. posed amendments were submitted as (5) STATE.—The term ‘‘State’’ means each BARRETT of Nebraska, Mr. MCHUGH, Mr. SAW- follows: of the 50 States, the District of Columbia, YER, Mrs. CAPPS, Mr. SANDLIN, Mr. MCINNIS, the Commonwealth of Puerto Rico, and each Mr. BASS, Mr. PETERSON of Pennsylvania, H.R. 800 of the outlying areas. Mr. SUNUNU, Mr. HUTCHINSON, Mr. OBERSTAR, OFFERED BY: MR. CASTLE SEC. 4. EDUCATION FLEXIBILITY PARTNERSHIP. Mr. COLLINS, and Mr. TIERNEY. (Amendment in the Nature of a Substitute) (a) EDUCATION FLEXIBILITY PROGRAM.— H.R. 860: Ms. WOOLSEY, Ms. KAPTUR, Mr. (1) PROGRAM AUTHORIZED.— AMENDMENT NO. 1: Strike all after the en- VENTO, and Mr. DELAHUNT. (A) IN GENERAL.—The Secretary may carry acting clause and insert the following: H.R. 864: Mr. MCGOVERN, Mr. SWEENEY, Mr. out an education flexibility program under WELLER, Mr. CALLAHAN, Mrs. CAPPS, Mr. SECTION 1. SHORT TITLE. which the Secretary authorizes a State edu- RILEY, Mr. ALLEN, Mr. HULSHOF, Mr. BAR- This Act may be cited as the ‘‘Education cational agency that serves an eligible State RETT of Nebraska, Mr. SESSIONS, Mr. BURR of Flexibility Partnership Act of 1999’’. to waive statutory or regulatory require- North Carolina, Mr. WHITFIELD, Mr. CAMP, SEC. 2. FINDINGS. ments applicable to 1 or more programs or Mr. UPTON, Ms. DANNER, Mr. HILL of Mon- Congress makes the following findings: Acts described in subsection (b), other than tana, Mr. HAYES, Mr. LEWIS of California, (1) States differ substantially in demo- requirements described in subsection (c), for Mr. DICKS, Mr. SUNUNU, Mr. WOLF, Mr. OBER- graphics, in school governance, and in school the State educational agency or any local STAR, Mr. HEFLEY, Mr. SMITH of Washington, finance and funding. The administrative and educational agency or school within the Mr. SNYDER, Mr. SANDLIN, Mr. CRAMER, Mr. funding mechanisms that help schools in 1 State. METCALF, Mr. PETERSON of Minnesota, Mr. State improve may not prove successful in (B) DESIGNATION.—The Secretary shall des- BOUCHER, Mr. LARSON, Mr. CLYBURN, Mr. other States. ignate each eligible State participating in WAMP, Ms. KILPATRICK, Mr. UDALL of Colo- (2) Although the Elementary and Second- the program described in subparagraph (A) rado, Mr. JENKINS, and Mr. BALLENGER. ary Education Act of 1965 and other Federal to be an Ed-Flex Partnership State. March 4, 1999 CONGRESSIONAL RECORD — HOUSE H1015

(2) ELIGIBLE STATE.—For the purpose of (v) the quality of the State educational tives outlined in paragraph (3)(A)(iii) to jus- this subsection the term ‘‘eligible State’’ agency’s process for approving applications tify continuation of such authority. means a State that— for waivers of Federal statutory or regu- (7) AUTHORITY TO ISSUE WAIVERS.—Notwith- (A)(i) has— latory requirements as described in para- standing any other provision of law, the Sec- (I) developed and implemented the chal- graph (1)(A) and for monitoring and evaluat- retary is authorized to carry out the edu- lenging State content standards, challenging ing the results of such waivers. cation flexibility program under this sub- State student performance standards, and (4) LOCAL APPLICATION.— section for each of the fiscal years 1999 aligned assessments described in section (A) IN GENERAL.—Each local educational through 2004. 1111(b) of the Elementary and Secondary agency or school requesting a waiver of a (b) INCLUDED PROGRAMS.—The statutory or Education Act of 1965, and for which local Federal statutory or regulatory requirement regulatory requirements referred to in sub- educational agencies in the State are pro- as described in paragraph (1)(A) and any rel- section (a)(1)(A) are any such requirements ducing the individual school performance evant State statutory or regulatory require- under the following programs or Acts: profiles required by section 1116(a) of such ment from a State educational agency shall (1) Title I of the Elementary and Second- Act; or submit an application to the State edu- ary Education Act of 1965. (II) developed and implemented content cational agency at such time, in such man- (2) Part B of title II of the Elementary and standards and interim assessments and made ner, and containing such information as the Secondary Education Act of 1965. substantial progress, as determined by the State educational agency may reasonably re- (3) Subpart 2 of part A of title III of the El- Secretary, toward developing and imple- quire. Each such application shall— ementary and Secondary Education Act of menting performance standards and final (i) indicate each Federal program affected 1965 (other than section 3136 of such Act). aligned assessments, and toward having local and the statutory or regulatory requirement (4) Title IV of the Elementary and Second- educational agencies in the State produce that will be waived; ary Education Act of 1965. the profiles, described in subclause (I); and (ii) describe the purposes and overall ex- (5) Title VI of the Elementary and Second- (ii) holds local educational agencies and pected results of waiving each such require- ary Education Act of 1965. schools accountable for meeting the edu- ment; (6) Part C of title VII of the Elementary cational goals described in the local applica- (iii) describe, for each school year, specific, and Secondary Education Act of 1965. tions submitted under paragraph (4); and measurable, educational goals for each local (7) The Carl D. Perkins Vocational and (B) waives State statutory or regulatory Technical Education Act of 1998. requirements relating to education while educational agency, school, or group of stu- (c) WAIVERS NOT AUTHORIZED.—The Sec- holding local educational agencies or schools dents affected by the proposed waiver; and retary may not waive any statutory or regu- within the State that are affected by such (iv) explain why the waiver will assist the latory requirement of the programs or Acts waivers accountable for the performance of local educational agency or school in meet- authorized to be waived under subsection the students who are affected by such waiv- ing such goals. (a)(1)(A)— ers. (B) EVALUATION OF APPLICATIONS.—A State (1) relating to— (3) STATE APPLICATION.— educational agency shall evaluate an appli- (A) maintenance of effort; (A) IN GENERAL.—Each State educational cation submitted under subparagraph (A) in agency desiring to participate in the edu- accordance with the State’s education flexi- (B) comparability of services; cation flexibility program under this section bility plan described in paragraph (3)(A). (C) the equitable participation of students shall submit an application to the Secretary (C) APPROVAL.—A State educational agen- and professional staff in private schools; at such time, in such manner, and contain- cy shall not approve an application for a (D) parental participation and involve- ing such information as the Secretary may waiver under this paragraph unless— ment; reasonably require. Each such application (i) the local educational agency or school (E) the distribution of funds to States or to shall demonstrate that the eligible State has requesting such waiver has developed a local local educational agencies; adopted an education flexibility plan for the reform plan that is applicable to such agency (F) the selection of schools to participate State that includes— or school, respectively; and in part A of title I of the Elementary and (i) a description of the process the State (ii) the waiver of Federal statutory or reg- Secondary Education Act of 1965, except that educational agency will use to evaluate ap- ulatory requirements as described in para- a State educational agency may grant waiv- plications from local educational agencies or graph (1)(A) will assist the local educational ers to allow schools to participate in part A schools requesting waivers of— agency or school in meeting its educational of title I of such Act if the percentage of (I) Federal statutory or regulatory require- goals. children from low-income families in the at- ments as described in paragraph (1)(A); and (5) MONITORING.— tendance area of such school or who actually (II) State statutory or regulatory require- (A) IN GENERAL.—Each State educational attend such school is within 5 percentage ments relating to education; and agency participating in the program under points of the lowest percentage of such chil- (ii) a detailed description of the State stat- this section shall annually monitor the ac- dren for any school in the local educational utory and regulatory requirements relating tivities of local educational agencies and agency that meets the requirements of sec- to education that the State educational schools receiving waivers under this section tion 1113 of the Act; agency will waive; and shall submit an annual report regarding (G) use of Federal funds to supplement, not (iii) a description of specific educational such monitoring to the Secretary. supplant, non-Federal funds; and objectives the State intends to meet under (B) PERFORMANCE DATA.—Not later than 2 (H) applicable civil rights requirements; such a plan; and years after a State is designated as an Ed- and (iv) a description of the process by which Flex Partnership State each such State shall (2) unless the underlying purposes of the the State will measure the progress of local include performance data demonstrating the statutory requirements of each program or educational agencies in meeting specific degree to which progress has been made to- Act for which a waiver is granted continue goals described in subsection (a)(4)(A)(iii). ward meeting the objectives outlined in to be met to the satisfaction of the Sec- (B) APPROVAL AND CONSIDERATIONS.—The paragraph (3)(A)(iii). retary. Secretary may approve an application de- (6) DURATION OF FEDERAL WAIVERS.— (d) APPLICATION.— scribed in subparagraph (A) only if the Sec- (A) IN GENERAL.—The Secretary shall not (1) IN GENERAL.—Except as provided in retary determines that such application approve the application of a State edu- paragraph (2), this Act shall not apply to a demonstrates substantial promise of assist- cational agency under paragraph (3) for a pe- State educational agency that has been ing the State educational agency and af- riod exceeding 5 years, except that the Sec- granted waiver authority under the follow- fected local educational agencies and schools retary may extend such period if the Sec- ing provisions of law: within such State in carrying out com- retary determines that such agency’s au- (A) Section 311(e) of the Goals 2000: Edu- prehensive educational reform, after thority to grant waivers has been effective in cate America Act. considering— enabling such State or affected local edu- (B) The proviso referring to such section (i) the comprehensiveness and quality of cational agencies or schools to carry out 311(e) under the heading ‘‘EDUCATION RE- the education flexibility plan described in their local reform plans. FORM’’ in the Department of Education Appro- subparagraph (A); (B) PERFORMANCE REVIEW.—Three years priations Act, 1996 (Public Law 104–134; 110 (ii) the ability of such plan to ensure ac- after a State is designated an Ed-Flex Part- Stat. 1321–229). countability for the activities and goals de- nership State, the Secretary shall— (2) EXCEPTION.—If a State educational scribed in such plan; (i) review the performance of any State agency that has been granted waiver author- (iii) the degree to which the State’s objec- educational agency in such State that grants ity, pursuant to paragraph (1)(A) or (B), ap- tives described in subparagraph (A)(iii)— waivers of Federal statutory or regulatory plies to the Secretary to extend such author- (I) are specific and measurable; and requirements as described in paragraph ity, the provisions of this Act, except sub- (II) measure the performance of schools or (1)(A); and section (e)(1), shall apply to such agency. local educational agencies and specific (ii) terminate such agency’s authority to (3) EFFECTIVE DATE.—This Act shall apply groups of students affected by waivers; grant such waivers if the Secretary deter- to State educational agencies described in (iv) the significance of the State statutory mines, after notice and opportunity for hear- paragraph (2) beginning on the date that or regulatory requirements relating to edu- ing, that such agency has failed to make such extension is granted. cation that will be waived; and measurable progress in meeting the objec- (e) ACCOUNTABILITY.— H1016 CONGRESSIONAL RECORD — HOUSE March 4, 1999

(1) EVALUATION FOR ED-FLEX PARTNERSHIP or authority have made measurable progress (a)(2)(B)(iii) of the Goals 2000: Educate Amer- STATES.—In deciding whether to extend a re- toward achieving the desired results de- ica Act. quest for a State educational agency’s au- scribed in the application submitted pursu- (f) PUBLICATION.—A notice of the Sec- thority to issue waivers under this section, ant to subsection (a)(4)(A)(iii). retary’s decision to authorize State edu- the Secretary shall review the progress of (2) EVALUATION FOR EXISTING ED-FLEX PRO- cational agencies to issue waivers under this the State educational agency to determine if GRAMS.—In deciding whether to extend a re- such agency— section shall be published in the Federal quest for a State educational agency de- Register and the Secretary shall provide for (A) makes measurable progress toward scribed in subsection (d)(2) to issue waivers achieving the objectives described in the ap- the dissemination of such notice to State under this section, the Secretary shall re- plication submitted pursuant to subsection educational agencies, interested parties, in- view the progress of the agency in achieving (a)(3)(A)(iii); and cluding educators, parents, students, advo- (B) demonstrates that local educational the objectives set forth in the application cacy and civil rights organizations, other in- agencies or schools affected by such waiver submitted pursuant to subsection terested parties, and the public.